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Debt Diary 2020

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  • #91
    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.
    Legal Disclaimer

    I am a Litigation Executive at
    Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at colin@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

    Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

    Comment


    • #92
      Originally posted by adam92 View Post
      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

      Comment


      • #93
        Originally posted by PlanB View Post


        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

        Comment


        • #94
          Originally posted by adam92 View Post
          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


          Originally posted by adam92 View Post

          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

          Comment


          • #95
            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.

            Comment


            • #96
              Originally posted by PlanB View Post


              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

              Comment


              • #97
                Originally posted by adam92 View Post

                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

                Comment


                • #98
                  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!

                  Comment


                  • #99
                    Originally posted by Roger View Post
                    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).

                    Comment


                    • Originally posted by PlanB View Post


                      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

                      Comment


                      • Update to two accounts.

                        Notably Intrum (standard letter it seems, offering 15 % discount if I can pay X amount this month)

                        PRA (Overdraft) who I absolutely cannot remember the last time they contacted me it’s at least 18 months if not more offering 10% discount.

                        Comment


                        • Two fishing letters?
                          Possibly because they think you are nearing Statute Bar?

                          Just keep a wary eye on these two carrion crows!

                          Comment


                          • Originally posted by Roger View Post
                            Two fishing letters?
                            Possibly because they think you are nearing Statute Bar?

                            Just keep a wary eye on these two carrion crows!
                            To be fair they are quite a way from being SB yet will update if anything else comes

                            Comment


                            • Further letters received this past Thursday including a arrears notice from Barclays for the CDL so they have the right address finally updated. I've updated the first post

                              Comment


                              • Type: Overdraft
                                Date Commenced: 2008
                                Default: 2016
                                Balance: £1010
                                Last Paid: Feb 2019
                                Status: ??
                                Owner: Sold to PRA (old Natwest)

                                09/21 - Letter offering 10% discount.
                                03/22 - Letter stating Moorcraft have been tasked with collection
                                After hearing nothing from PRA for months (and I think only one letter in nearly 2 years) they’ve contacted me stating they’ve asked Moorcraft to begin chasing..

                                Comment

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