(Un)Reliable Collections

[swanfan]

Re: (Un)Reliable Collections

Erm yea they can.

You're not paying, no CCA doesn't stop them from defaulting you.

[jon1965]

Re: (Un)Reliable Collections

But have you been defaulted for this debt already?
You can not be defaulted twice for the same debt

[Never-In-Doubt]

Re: (Un)Reliable Collections

A default on your CRA is perfectly acceptable especially in light of McGuffick v RBS which confirms they can add a record as it would be a true reflection of the account.

As an aside, I agree that surely no agreement means you never agreed to them sharing data etc but then McGuffick kicks in throwing my claim out the window....

[pooky2483]

Re: (Un)Reliable Collections

But have you been defaulted for this debt already?
You can not be defaulted twice for the same debt

They would have placed a default on it first time round when RC got hold of the accounts?

[Never-In-Doubt]

Re: (Un)Reliable Collections

They would have

but did they?

We need a definitive yes/no and moreso, we also need you to say you have proof of this by way of a copy of an old credit report confirming such default used to exist......

Then we can argue it.

[pooky2483]

Re: (Un)Reliable Collections

A default on your CRA is perfectly acceptable especially in light of McGuffick v RBS which confirms they can add a record as it would be a true reflection of the account.

As an aside, I agree that surely no agreement means you never agreed to them sharing data etc but then McGuffick kicks in throwing my claim out the window....

He should have had you as his lawyer :niddy

Is there any letter I should fire off to them as a reply to their letter?

[Never-In-Doubt]

Re: (Un)Reliable Collections

Is there any letter I should fire off to them as a reply to their letter?

Nope, ignore them - they cannot touch you

Forget the default, it's not like this is your only debt so the default will have little bearing.

[pooky2483]

Re: (Un)Reliable Collections

OK, willdo.

[pooky2483]

Re: (Un)Reliable Collections

But, what if as Jon1965 says, they stick a default on my Credit File when they already have back in 2008 when the accounts got handed to them?

[jon1965]

Re: (Un)Reliable Collections

Niddy, I know you are generally against looking at your credit file but is it worth it in this case? If there has been one put on it would still show up. Is Noodle any good (yes I have been unfaithful please forgive me)


As an aside, when I used to talk to people on the phone and they said "it will go on your file and make it difficult to get credit" I used to laugh and reply "ok it will be with all the other ones, go for broke"

[Never-In-Doubt]

Re: (Un)Reliable Collections

But, what if as Jon1965 says, they stick a default on my Credit File when they already have back in 2008 when the accounts got handed to them?

They won't.

If they do let me know.

[Never-In-Doubt]

Re: (Un)Reliable Collections

Niddy, I know you are generally against looking at your credit file but is it worth it in this case? If there has been one put on it would still show up. Is Noodle any good (yes I have been unfaithful please forgive me)

Pointless as there are other defaults, so best wait until a few months at least, see what they really wanna do then maybe get a copy but at this early stage, little will have occurred.

That said, what they will do is adjust the original default to show them as the new creditor, they cannot (and will not) simply add a new one, if they do then great - we'll get both removed due to that error.

So all you need to do is to ensure you have a copy of the default showing on your credit file from 2008 then check your file again in a few months and update us.

[pooky2483]

Re: (Un)Reliable Collections

I got one June 3 last year.

[jon1965]

Re: (Un)Reliable Collections

Doesn't look like you have been defaulted then. It's a sod when they don't do that.
I am guessing you have defaults on your file, what's another one..least of your problems

[pooky2483]

Re: (Un)Reliable Collections

Erm yea they can.

You're not paying, no CCA doesn't stop them from defaulting you.

I know it's been a little while since your post but I was just wondering, how can they default me for not paying without a signed or otherwise CCA - making me pay for something I’ve not agreed upon.

A bit like a school bully coming up to me with a forged piece of paper saying I'll give him my dinner money, I'd tell him where to get off...