Originally posted by The Tech Clerk
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A default doesn’t get deleted if you pay the money owing. The credit record rule is:
the whole debt, including the default, is deleted from your credit record six years later after the first default. This applies even if you still owe some money.
I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.
If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.
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Citi financial- Type of account: credit card
- Date commenced pre 2007
- Approx balance: £1109
- Date last paid: 2008
- on DMP SC until November 2017
- Now self managed: Not paid November 2017
- Status :defaulted. Defaulted ,dropped off my credit file
- Account owner : 1st Credit
- CCA request sent 11/09/17.
I know it’s a waiting game
Updates
22/12/17
was only thinking yesterday how quiet it has been. A “true” copy of Agreement bent sent today. Even though my address is there the agreement could be for anything. I could be wrong but I will send to niddy after the festivities. Merry crimbo
29/01/18
Niddy says its . 1st Credit have been in touch expecting to be paid! I would imagine letters and phone calls will start as I am not paying. Any ideas what I do next I don't have the stomach waiting for 6 year statue barred.
Hi Some guidance would be appreciated. I have received a letter from 1st credit paying they are " considering " county court action. What do I need to do ? Had a CCJ some years ago , now got rid and all defaults removed from CF. Credit is looking good , not wanting to undo that.
Thanks in advance
Updates:
February 2018 1st credit sent letters one threatening to consider court action:
Great advice from ADD+ to sent missing PT letter and SAR to Citi Financial
March 2018: Letter from 1st Credit for me to contact them regarding a discount they are willing to offer... FILED away
Letter from Intrum in response to missing PT letter. Of course they believe the agreement in enforceable and want paying . More great advice from ADD+ will send to 2nd agreement to Niddy to be doubly sure and possibly SAR Stepchange as well .
Just waiting for SAR response for Citi Financial , then take it from there
Last edited by Selinek; 16 March 2018, 19:53.
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MBNA- Type of account: credit card
- Date commenced Not sure
- definitely before Apr 2007
- Approx balance: £1255
- Date last paid: 2008
- on DMP SC
- Status :can’t remember if acct was defaulted vague recollection it was. Not showing on my credit file
- Account owner : Idem
MBNA UPDATE.- CCA request sent September 17
- Letter of Acknowledgement of request September 17
- UPDATE 30/09/17
- Letter from Idem stating they are unable to locate a copy of agreement. They acknowledge they cannot enforce agreement until agreement is located. They went in to say they still plan to pursue debt include registering any defaults and arrears.
- This maybe familiar some of you. I’m guessing this is a standard letter. The query I have is can DCA register arrears if Debt has already dropped of my CF ?
- 16/10/17 received agreement. Sent off to niddy to have a look
01/03/18: Idem Servicing have written after calling countless times a day ,telling me about their concern of them not being able to speak to me about payment . The have suggested that if I don't contact them I will either have some appear on my doorstep , have my acct placed with an external DCA ( Aren't IDEM a DCA?) or consider litigation proceedings. Not frighten of these letters now, well not as much .I will see what they come back with , but send an harassment letter in the mean time
19/04/18: Letter from Idem dated 16/04/18: they go on on about me not answering their numberous calls and would like me to contact them with 10 days. If I don't they will refer me to Resolve call for a home visit. I have read a lot on here , reassuring there is nothing to worry about. Will send door step harrassment letter if neededLast edited by Selinek; 5 May 2018, 21:29.
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Citi financial- Type of account: credit card
- Date commenced pre 2007
- Approx balance: £1109
- Date last paid: 2008
- on DMP SC until November 2017
- Now self managed: Not paid November 2017
- Status :defaulted. Defaulted ,dropped off my credit file
- Account owner : 1st Credit
- CCA request sent 11/09/17.
I know it’s a waiting game
Updates
22/12/17
was only thinking yesterday how quiet it has been. A “true” copy of Agreement bent sent today. Even though my address is there the agreement could be for anything. I could be wrong but I will send to niddy after the festivities. Merry crimbo
29/01/18
Niddy says its . 1st Credit have been in touch expecting to be paid! I would imagine letters and phone calls will start as I am not paying. Any ideas what I do next I don't have the stomach waiting for 6 year statue barred.
Hi Some guidance would be appreciated. I have received a letter from 1st credit paying they are " considering " county court action. What do I need to do ? Had a CCJ some years ago , now got rid and all defaults removed from CF. Credit is looking good , not wanting to undo that.
Thanks in advance
Updates:
February 2018 1st credit sent letters one threatening to consider court action:
Great advice from ADD+ to sent missing PT letter and SAR to Citi Financial
March 2018: Letter from 1st Credit for me to contact them regarding a discount they are willing to offer... FILED away
Letter from Intrum in response to missing PT letter. Of course they believe the agreement in enforceable and want paying . More great advice from ADD+ will send to 2nd agreement to Niddy to be doubly sure and possibly SAR Stepchange as well .
Just waiting for SAR response for Citi Financial , then take it from there
UPDATE: 24/04/18
Received response to SAR. Sent originally to 1st credit. Received a letter from Canada Square operations stating they will be dealing with request. I have received over 400 pages of paperwork. Surprisingly I have received a copy of the EGG loan agreement and credit card agreement made in the early 2000's. These debts are currently owned by Link. I must say I was surprised to see the agreements , baring in mind I had not heard from Link after sending a CCA last year. They have stepped up their phone calls recently. Have I shot myself in the foot by asking for SAR ? Shall I send the EGG agreements to NIDDY to have look at. In terms of Citi financial they have sent another agreement. Apparently according the letter one is the "original CCA" the other is "the current CCA" One has my current address on it the other has my old address on it. It looks like the one sent from 1st credit from CCA request. Shall I send this NIDDY again too. Any advice would be greatly appreciatedLast edited by Selinek; 24 April 2018, 21:22.
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It doesn't follow that the SAR details are known to either 1st Credit nor Link!
It is the Current Owner who is responsible for the S.77/78 CCA served on them until such times as the Current Owner sends this information the debt remains UE.
Whatever is sent by the Current Owner is what you then send on to Niddy!
Don't do the DCA's work for them!
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Hi Roger , many thanks for your repose, thats good to know. my mistake I sent SAR to Citigroup , 1st credit are the DCA that own the debt. I didn't realise that EGG were part of citi group otherwise I would have laid off sending the SAR . But hey here we are. I will send egg areements to niddy
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You have the right to get a copy of the information that is held about you. This is known as a subject access request (SAR). what your This information will cover ALL information held by citigroup and this obviously includes EGG that it brought up in 2007!It wasn't a mistake by you it was to give you the extent or otherwise of Information on you held by Citigroup! The purpose was to see just what information was held about you by that Organisation (this as you can now see include EGG !)
But you are assuming that this information is or will be known to 1st Credit and/or Link.
This is NOT the Case.
1st Credit and/or Link were S.77/78 CCA requests! Often these lack the depth of search required by your SAR.
Your Diary says EGG Credit Card and Current owner LINK. However I suspect that LINK brought this from Barclaycard! LINK will have been asking Barclaycard NOT CitiGroup!
LINK should be ignored, No reply to letters, emails, sms UNTIL they respond to your S.77/78 CCA request!
Ignore Link!
I strongly suggest that you do not rock the LINK boat, leave them in their ignorance. You do not want them going back and delving deeper!
Same really with 1st Credit. The only CCA that is pertinent is the one you have already sent to Niddy!
Again you now know that 1st Credit information is incomplete (confused). BUT 1st Credit won't know this!
Don't again rock the 1st Credit Boat so that they go looking!
The Law here is very clear CCA 1974 S77/78 CCA request plus £1. Whilst this is unfulfilled UE.
That is 1st Credit position and LINK's position.
THE ONLY CCA THAT SHOULD BE SENT TO NIDDY WILL BE THAT SUPPLIED BY 1st Credit and or LINK in response to the S.77/78 CCA 1974 Request!
In Law the SAR isn't the same standing as that CCA 1974 S 77/78 request (doesn't include the £1 and therefor can be ignored).
Background
EGG started with Prudential (Life Assurance) Banking.
In January 2007 EGG was sold to Citigroup ; Canada Square Operations Ltd (formerly known as Egg Banking plc): Barclaycard brought EGG from Citigroup in March 2011.
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Originally posted by Roger View PostYou have the right to get a copy of the information that is held about you. This is known as a subject access request (SAR). what your This information will cover ALL information held by citigroup and this obviously includes EGG that it brought up in 2007!It wasn't a mistake by you it was to give you the extent or otherwise of Information on you held by Citigroup! The purpose was to see just what information was held about you by that Organisation (this as you can now see include EGG !)
But you are assuming that this information is or will be known to 1st Credit and/or Link.
This is NOT the Case.
1st Credit and/or Link were S.77/78 CCA requests! Often these lack the depth of search required by your SAR.Your Diary says EGG Credit Card and Current owner LINK. However I suspect that LINK brought this from Barclaycard! LINK will have been asking Barclaycard NOT CitiGroup!
LINK should be ignored, No reply to letters, emails, sms UNTIL they respond to your S.77/78 CCA request!
Ignore Link!
I strongly suggest that you do not rock the LINK boat, leave them in their ignorance. You do not want them going back and delving deeper!
Same really with 1st Credit. The only CCA that is pertinent is the one you have already sent to Niddy!
Again you now know that 1st Credit information is incomplete (confused). BUT 1st Credit won't know this!
Don't again rock the 1st Credit Boat so that they go looking!
The Law here is very clear CCA 1974 S77/78 CCA request plus £1. Whilst this is unfulfilled UE.
That is 1st Credit position and LINK's position.
THE ONLY CCA THAT SHOULD BE SENT TO NIDDY WILL BE THAT SUPPLIED BY 1st Credit and or LINK in response to the S.77/78 CCA 1974 Request!
In Law the SAR isn't the same standing as that CCA 1974 S 77/78 request (doesn't include the £1 and therefor can be ignored).
Background
EGG started with Prudential (Life Assurance) Banking.
In January 2007 EGG was sold to Citigroup ; Canada Square Operations Ltd (formerly known as Egg Banking plc): Barclaycard brought EGG from Citigroup in March 2011.
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Originally posted by Selinek View PostI am slowly wading through the paperwork thats the size of 2 of the old yellow pages!!!
I am going back to being invisible , I prefer it that way.
Post up here (redacted) any letters etc.. You will get advice.
LINK will pester BUT ignore them until such times as they produce that S.78 CCA (if ever!)
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19th April 2018, 22:58
MBNA
· Type of account: credit card
· Date commenced Not sure
· definitely before Apr 2007
· Approx balance: £1255
· Date last paid: 2008
· on DMP SC
· Status :can’t remember if acct was defaulted vague recollection it was. Not showing on my credit file
· Account owner : Idem
MBNA UPDATE.
· CCA request sent September 17
· Letter of Acknowledgement of request September 17
· UPDATE 30/09/17
· Letter from Idem stating they are unable to locate a copy of agreement. They acknowledge they cannot enforce agreement until agreement is located. They went in to say they still plan to pursue debt include registering any defaults and arrears.
· This maybe familiar some of you. I’m guessing this is a standard letter. The query I have is can DCA register arrears if Debt has already dropped of my CF ?
· 16/10/17 received agreement. Sent off to niddy to have a look
30/10/17 Niddy confirmed this . . As I’ve been paying so SB isn’t an option for me sadly. Looking for f& f for definite
04/02/18
I did make a 10% offer which was rejected. Received a letter from IDEM yesterday dated 31/01/18, stating that there is no payment arrangement. If I don't contact them within 7 days my account will be renewed for further action which could result in either acct being placed in "our internal recoveries dept" or "acct being placed with an external debt collection agency for recovery activity" Am right in thinking they will sell onto another DCA or they threatening something far more serious?
I was considering UE route , but I have been down this debt road for 10 years I want to get rid, but not at any cost now. have become aware that DCA's pay pennies for our debts. Ive it said before if I knew about guys earlier on things would been different but I am where I am.
Just out of interest is there anyway I can found out how much DCA's actually pay. Not a biggie just curious.
I would like help in what to do with the letter. Shall I ignore and see what they come up with next ? I understand "could" is very different to will , but guidance would be very much appreciated
01/03/18: Idem Servicing have written after calling countless times a day ,telling me about their concern of them not being able to speak to me about payment . The have suggested that if I don't contact them I will either have some appear on my doorstep , have my acct placed with an external DCA ( Aren't IDEM a DCA?) or consider litigation proceedings. Not frighten of these letters now, well not as much .I will see what they come back with , but send an harassment letter in the mean time
19/04/18: Letter from Idem dated 16/04/18: they go on on about me not answering their numerous calls and would like me to contact them with 10 days. If I don't they will refer me to Resolve call for a home visit. I have read a lot on here , reassuring there is nothing to worry about. Will send door step harassment letter if needed
05/05/18
Letter from Resolve call sating that IDEM are having difficulty in contacting me and ask that I contact IDEM urgently. Resolve go on to say that if I do not contact IDEM then they will visit within 28 days of letter dated 01/05/18 me at my home to help me come to some arrangement. . I will be sending the door step letter. Do I send to both IDEM and resolve call or resolve call alone? I take it recorded delivery is the way to send letter or will an email suffice?
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recorded delivery letterI'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.
If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.
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send copy to IDEM as they ignore letters it has been reported in the past - Recorded Delivery as well keep copy of letter etc on file and receipts of all sent.I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.
If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.
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