linnite's diary

[Joanna Connolly Solicitors]

Do the debt purchasers know if the debt is enforceable before they buy it?

I know the answer to that question but I wouldn't post it on the internet!

Debt collection is a business - the decisions made are solely for commercial reasons.

An offer could be made to minimise the expense of litigation depending on the amount of the outstanding balance (over £10k they would have to pay the legal costs of the other side if they lost) so it could be a risk-based decision.

If the debtor is a homeowner the debt purchaser may feel a CCJ is better than a repayment plan because that would turn an unsecured debt into a secured debt. Since October 2012 a Judgment Creditor can have a Charging Order on a property for a CCJ of £1k or more.

The debtor's financial situation may look hopeless now but they'll take the view that things will improve as the years go by and they'll clean up when the property is sold.

Di

[linnite]

Can I just check, when I send the form in tomorrow ticking box D, I do NOT complete their financial statement? The paperwork implies I need to provide that regardless of my response.

[Roger]

Can I just check, when I send the form in tomorrow ticking box D, I do NOT complete their financial statement? The paperwork implies I need to provide that regardless of my response.

Only a Judge can make you supply Income and Expenditure!
So the answer is NO

[linnite]

Oh well, LBC response form sent in first class signed for today, ticked box D citing lack of CCA. No income and expenditure form!

A thought: you have to sign the form. This company already has my signature so no point fretting over it, but for future reference can you electronically sign this form, or not sign it?

Thanks,

-linnite

[Warwick65]

You can always sign slightly differently and keep a copy. I bet your signature is never exactly the same twice

[linnite]

Well received in the post today from Idem an acknowledgement they can't currently provide the CCA. They will keep looking, I still owe the money etc.

[The Tech Clerk]

May they keep looking for decades!hopefully

[cymruambyth]

That’s a shame; keep the letter safe.

[linnite]

Oh yes, will do, even down to the envelope, thanks to all for your help.

[Warwick65]

I have said this before not sure if on this thread. I keep all documents safe and I also scan them and keep them not just on my PC but also in the cloud so I have a physical copy and two electronic back ups. Just in case my house burns down and melts my laptop- I still have a copy :-)

[SarahSarah]

July 2018: successfully got the default removed from credit file.

Hi there, just reading through your diary... May I ask how you went about getting this default removed? I have the same debt listed twice, once with Barclaycard and once with PRA, who now have the debt.

[linnite]

We made a complaint to Barclaycard about how they conducted themselves when we were in arrears. Barclays are conducting a self-review of how they behaved in around 2013 and are paying compensation to people they have now decided they didn't treat fairly. But our complaint was separate to that. As well as some pretty poor behaviour about charging interest, we fell into serious arrears in about 2011 but they only defaulted the account in 2015 after we had been on a debt management plan for pretty much all that time. So part of our complaint was to request they removed that default. As a part of partially upholding our complaint they agreed to do that and the default is now confirmed as gone.

Your issue above, you might be able to get sorted by contacting the 3 main credit reference agencies, they all have a facility for reporting errors. To me that looks a clear cut one that they would agree to resolve.

[linnite]

I have said this before not sure if on this thread. I keep all documents safe and I also scan them and keep them not just on my PC but also in the cloud so I have a physical copy and two electronic back ups. Just in case my house burns down and melts my laptop- I still have a copy :-)

Thanks Warwick, in the end the bundle of paperwork you have could be 'worth' tens of thousands of pounds, looked at a certain way.

[Warwick65]

Hi there, just reading through your diary... May I ask how you went about getting this default removed? I have the same debt listed twice, once with Barclaycard and once with PRA, who now have the debt.

Hi
Just a couple of questions about the two defaults

Do they both have the same default date- they should?
Does the one from Barclaycard show as settled - it should. When a creditor sells on a debt it is common for them to update the record to show it as settled although this will stay on your file for 6 years from the date of default.

[SarahSarah]

Hi
Just a couple of questions about the two defaults

Do they both have the same default date- they should?
Does the one from Barclaycard show as settled - it should. When a creditor sells on a debt it is common for them to update the record to show it as settled although this will stay on your file for 6 years from the date of default.

Hi Warwick,

They have the same default date but the Barclaycard one has a note saying it was assigned to a CAIS member two years later. Only then does it change to a nil balance. Is there any point in arguing it if I'm commencing the UE route and it will fall off my credit file next year anyway?