linnite's diary

[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.

[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.

[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 :-)

[linnite]

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

[cymruambyth]

That’s a shame; keep the letter safe.

[The Tech Clerk]

May they keep looking for decades!hopefully

[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.

[Warwick65]

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

[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

[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]

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.

[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]

Yes I can see actually, having a visible database could be revealing OUR hand! Thanks to both of you for the answers.

[MisterK]

I'm inclined to agree with Roger. Putting aside the amount of time and effort required to collect all that information it could easily become out of date very quickly and you could find yourself making decisions on old information. Not only that but if the DCA's etc became aware of the database and/or had access to it then I can see how they could use it to their advantage, making the exercise self-defeating. I would also question whether it would be a good idea to make such a database freely available. You never really know what new problems that might bring.

I believe the only way is to take every case on an individual basis as Roger implies and Di Mayhew has stated on many occasions. Then you apply everything you have learnt here to get the best outcome for each one.

So it's down to the individual to do the work and follow the process. This works only for the relatively small number of people who are lucky enough to be here and willing to take on the learning curve. On reflection that might be just as well.

[Roger]

I've had a couple of discount for settlement letters, entries updated on p1.

I think I like this approach of only doing CCA if they go to a LBA. IANAL but I'm wondering if this might now be the best strategy for most people, in the new world of the protocol? You know nothing can happen too suddenly, and you have time to do a CCA in response in a considered fashion.

Anyway, main reason for post is I wish there was a database on the debt purchasers and DCA's, I just get the idea their behaviour is likely to have patterns and be predictable, at least some of the time.

To answer questions like:

What percentage of lenders or debt purchasers who make a discount settlement offer ever go on to litigate? Is a settlement offer an indication they have a weak hand?

Who are the debt purchasers who buy bad debt with unenforceable CCA's for pennies in the pound? And which firms pay higher but are buying more solid enforceable debts? Or is that not how it works?

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

It seems we know which are the most litigious, but is that an indication of their strong position or are they just the firms that think it is the strategy that gets the best results?

Just wondering!

Thanks,

-linnite

How Long is a piece of STRING?
Every Case is different and the Law changes over time. The best advice is get your ducks in a row.
Sending for the CCA is a starting point because you are covered by the CCA 1974 LAW!