AJ's UE Diary

[Ostrich]

Thanks for the responses Roger and Pat.
I do generally keep an eye on my CRA, and will see if anything has changed on that. I definitely won't be contacting them directly.

Re Discontinuance - I wasn't aware the discontinued cases should be removed from the credit report. Is that also the case when the claim is struck out?

[Roger]

Thanks for the responses Roger and Pat.
I do generally keep an eye on my CRA, and will see if anything has changed on that. I definitely won't be contacting them directly.

Re Discontinuance - I wasn't aware the discontinued cases should be removed from the credit report. Is that also the case when the claim is struck out?

WHILE A DEBT IS UE then it can't be reported Its CASE LAW!! You will find this is fairly recent in AAD.

I wouldn't raise CASE Law with CRA
IF this is the CASE have a word with JCS!

[Ostrich]

So, if a case is discontinued/struck out (ie unenforceable), the claimant should not be reporting the debt to CRA's? Had no idea. I just assumed it would disappear from the file 6 years after.

[The Tech Clerk]

PART 38 - DISCONTINUANCE - Civil Procedure Rules

[Night Monkey]

So, if a case is discontinued/struck out (ie unenforceable), the claimant should not be reporting the debt to CRA's? Had no idea. I just assumed it would disappear from the file 6 years after.

I joined a thread a while ago when the above was news to me, & it seemed then that the general consensus was to leave things as they are and keep your head down while heading for UE. The option is to fight the DCAs & CRAs, potentially failing to get the entries removed while acknowledging the debt in the process.

[Still Waving]

I think it should be mentioned that there is a distinction between a discontinued claim, and a debt which a court has ruled to be irredeemably unenforceable.

[Ostrich]

Thanks very much for the advice. Not a good idea to poke the hornets nest!

[Roger]

Find out first whatever you can from the CRA's because of this sudden surge from LINK
Who knows what the Current Law is and especially CASE Law but there is existing CASE Law for NOT reporting on UE whilst it is UE and if need arises talk to JCS
AGREED Dont poke the hornets nest!

[Ostrich]

I've looked a bit further into this - The reference number they have quoted in their text message relates is the same as the reference number for their discontinued claim.

I guess the reference number could just be a customer number.... If not, presumably they are still chasing for the claim they discontinued. Are they allowed to do this once they've discontinued the claim?

There have been no searches from them on my credit file.

I'm continuing to ignore for now.

[Still Waving]

I've looked a bit further into this - The reference number they have quoted in their text message relates is the same as the reference number for their discontinued claim.

I guess the reference number could just be a customer number.... If not, presumably they are still chasing for the claim they discontinued. Are they allowed to do this once they've discontinued the claim?

There have been no searches from them on my credit file.

I'm continuing to ignore for now.

Yes, they can. They discontinued, not had a court rule against them. Remember too, that even if an account is unenforceable, it still exists and they are allowed to ask you for payment.

[Ostrich]

Ok thanks - I thought i'd blocked the number, so will do that now and hope they get bored.

[Roger]

Ok thanks - I thought i'd blocked the number, so will do that now and hope they get bored.

From what I have seen of LINK they will continue to send statements and ask! They can its true Ask!
Refuse telephone Calls, SMS and emails. The cost of postage has gone up again and for each letter/statement thats a cost for them without any income!
May it long stay that way!

[Ostrich]

Hi all - Been a pretty quiet few months, which has been lovely. Interestingly, nothing at all from L1nk since they took on the Tesco debt (#6)

L0well have started getting a bit more regular with their threatograms about one of the debts (entry #8).

It's my smallest debt - around £600. If it comes to it, I suspect it will be more expensive to defend than to pay off, but a the same time I really don't want to give these DCA's a penny. I appreciate tactics have changed, but I suspect this debt to be unenforceable (mainly due to the age). Is it worth requesting the CCA in this instance or would you recommend radio silence?

TIA

[Still Waving]

Hi

It would be useful if you could update the diary at #8, as the last entry is
"Aug '22 - Passed to Wetcloths to handle. Filed."

Has this account been SOLD to Lowell? If so, to which Lowell company, and which Lowell company is chasing you?

[Ostrich]

Apologies - Updated. Yes - account has been sold the Lowell Financial Ltd (LFL)