Debt Diary 2020

[adam92]

Thanks for the update (it helps if you update the original post for each debt whenever anything happens and ideally re-quote it for members to respond to your new questions when they've read the story so far).

Now that the debt has been deemed enforceable by Niddy you need to pay attention to every letter that you get. Post on the forum and you'll get suggestions. Sometimes it's safe to ignore, other times you may need to send one of the AAD template letters to strop them in their tracks.

I can see the account was Defaulted in 2012 so as you say it's not showing on your CRA file anymore. A Default should only be registered once so I can only guess that Intrum will be searching your credit file to assess your financial health to see if it's worth them pursuing you.

Like I say, that's only a guess.

Di

Thanks for your perspective Di appreciated. I'll update if other letters arrive. They have been hounding my phone on a weekly basis but straight to voicemail

[adam92]

Thought for the Day!
The CRA'S of course need to look rosy if you are seeking to improve YOUR Credit Rating.
BUT
It really pays NOT to look rosy where DCA's are still a part of your Life.
Your CRA facts are NOT for Tax purposes!

Hi Roger, I mentioned before my file has improved tenfold and really turned a corner.

Seems unfair that a DCA can threaten and pull a hard-search when you aren't requesting credit nor are they providing it. A soft search for address purposes at best I can understand.

And when they are clearly aware of my address to begin with seems un-needed. Evidently if I did need credit or choose to in the next 12 months they'd see such a search (hard).

[Roger]

Thought for the Day!
The CRA'S of course need to look rosy if you are seeking to improve YOUR Credit Rating.
BUT
It really pays NOT to look rosy where DCA's are still a part of your Life.
Your CRA facts are NOT for Tax purposes!

[PlanB]

Hi Di apologies I responded in the thread last month but didn't update the main post

June/July 2021- CCA sent. Niddy says enforcecable

It hasn't been on my file in a number of years

Thanks for the update (it helps if you update the original post for each debt whenever anything happens and ideally re-quote it for members to respond to your new questions when they've read the story so far).

Now that the debt has been deemed enforceable by Niddy you need to pay attention to every letter that you get. Post on the forum and you'll get suggestions. Sometimes it's safe to ignore, other times you may need to send one of the AAD template letters to strop them in their tracks.

I can see the account was Defaulted in 2012 so as you say it's not showing on your CRA file anymore. A Default should only be registered once so I can only guess that Intrum will be searching your credit file to assess your financial health to see if it's worth them pursuing you.

Like I say, that's only a guess.

Di

[adam92]

That's an unusual and odd letter to send!

While a (hard not soft) search on your CRA file may send out the signal to others that you are being pursued by a debt purchaser, it's hardly a threat since you may not care two hoots who searches your file - especially as the debt is already being reported on your file by Intrum so it's hardly a secret (assuming it is on your file?).

If it's the ex-Aqua debt in your post below then they are still in default of your s77-79 CCA Request so it's a bit of an idle threat



Di

Hi Di apologies I responded in the thread last month but didn't update the main post

June/July 2021- CCA sent. Niddy says enforcecable

It hasn't been on my file in a number of years

[Roger]

Intrum since the begining of this year seem to be using Hard Credit Searches with impunity!
Is this because of the 5/6 year punishment incurred for bad Debts which may have or are about to falling off?
OR are Intrum attempting to wreck personal Credit Ratings for 2 years using Hard Credit Searchs?

This looks like a Threat and probably Abuse of process.

[PlanB]

Hey Di,

Intrum sent me a letter today threatening to search my credit file

That's an unusual and odd letter to send!

While a (hard not soft) search on your CRA file may send out the signal to others that you are being pursued by a debt purchaser, it's hardly a threat since you may not care two hoots who searches your file - especially as the debt is already being reported on your file by Intrum so it's hardly a secret (assuming it is on your file?).

If it's the ex-Aqua debt in your post below then they are still in default of your s77-79 CCA Request so it's a bit of an idle threat

Type: CC
Date Commenced: 2008
Default: 2012
Balance: £1458
Last Paid: Feb 2019
Status: Awaiting CCA
Owner: Sold to Intrum (old Aqua)

June 2020 - CCA Request Sent
July 2020 - Confirmation of request sent to me
Dec 2020 - Update that they are awaiting CCA
2021
Jan 2021 - Query Letter Sent from Intrum
Mar 2021 - Update that they are waiting on CCA letter sent to me

Di

[adam92]

Which of your debts does this question apply to since it helps to know whether the debt is still with the original creditor or now assigned to a debt purchaser?

If it's the latter (been sold on) it could be a good sign that the debt purchaser hasn't got any relevant documentation so they are relying on what they were told by the original creditor, not anything they have seen with their own eyes.

That could be helpful if things go all the way to court and they put an incorrect date in their pleadings (Particulars of Claim). I would hesitate to make them aware of any mistakes (if this is a mistake) in case they correct them.

If your aim is to get to Statute Barred status before they get to issue legal proceedings then maybe let them make mistakes along the way so you've got the ammunition up your sleeve in case you ever need it - hopefully not.

The forum way is not to draw attention to yourself in case they take a good look at your file, and then remedy things.

Di

Hey Di, agree I wouldn’t be making waves about it was just curious, it’s the Arrow debt.

Intrum sent me a letter today threatening to search my credit file. Ignored obviously

[PlanB]

when does an account official open for a CC?
I've noticed on my CRA files, a date that is 5 days later from the application is stated.
The acceptance date for example for the application may be 05/05/1990 yet the date on file is 10/05/1990.
And in a letter from a creditor they state the date opened is 05/05/1990.

Which of your debts does this question apply to since it helps to know whether the debt is still with the original creditor or now assigned to a debt purchaser?

If it's the latter (been sold on) it could be a good sign that the debt purchaser hasn't got any relevant documentation so they are relying on what they were told by the original creditor, not anything they have seen with their own eyes.

That could be helpful if things go all the way to court and they put an incorrect date in their pleadings (Particulars of Claim). I would hesitate to make them aware of any mistakes (if this is a mistake) in case they correct them.

If your aim is to get to Statute Barred status before they get to issue legal proceedings then maybe let them make mistakes along the way so you've got the ammunition up your sleeve in case you ever need it - hopefully not.

The forum way is not to draw attention to yourself in case they take a good look at your file, and then remedy things.

Di

[Colin G Quinn]

Hi adam92,

It may be that the CRA is reporting the date they were notified of the agreement, as opposed to the date the agreement was formalised. If you believe incorrect data is being reported you could always, as a first step, take it up with the creditor or file a notice of correction with the CRA. If not resolved there is the opportunity to raise an issue with the Information Commissioner's Office.

However, if the reported date is only 5 days out from when you believe the agreement to have been entered into, it isn't really worth your time and effort.

[Warwick65]

I have always taken it to be the day they executed the agreement. I know some of mine were a few days after I signed it and posted it back. Not saying that is correct though

[adam92]

Ah thanks Warwrick that makes sense.

Slightly different question for everyone, when does an account official open for a CC?
I've noticed on my CRA files, a date that is 5 days later from the application is stated.
The acceptance date for example for the application may be 05/05/1990 yet the date on file is 10/05/1990.
And in a letter from a creditor they state the date opened is 05/05/1990.

[Warwick65]

Hi
If I have got this right

The reason the SAR goes to the original creditor is because it is they who should have all the really important details. They will have details of any default notice issued, they will have the details of when the account was sold and hopefully who to . In my SAR cap 1 said they had sold the account on 6th to someone not mentioned but Lowell said they had bought it on the 13th. For the assignment to be good, that gap of 6 days needs to be filled in. In the same SAR there was only mention of a notice of default being issued for the full amount , not a S87(1) default Notice along with the dates of remedy etc. There might also be evidence of the debt purchaser asking (or not) the OC for a copy of the agreement. So from that 1 SAR there were at least two strong pieces of ammunition. If you send the SAR to whoever owns it now, all you will get is what happened from the date they bought it. I also found Cap 1 played dumb and just sent me some of what they held, I had to write back and almost list everything I wanted.

A CCA request is one part of a defence, a SAR can provide further detail should you need it - there is a lot more to enforceability than just the agreement.

[adam92]

Certainly do not send one to Lowell and to be honest Cap 1 are slightly difficult- all they tried to send me was statements so I had to email back asking for ALL, even then they didn't send everything.

Ask yourself what you want to achieve from sending the SAR at this point

Hi Warwick Roger had suggested above but I wasn’t really sure why so was just inquiring further.

[Warwick65]

Certainly do not send one to Lowell and to be honest Cap 1 are slightly difficult- all they tried to send me was statements so I had to email back asking for ALL, even then they didn't send everything.

Ask yourself what you want to achieve from sending the SAR at this point