Forums Forums Wirral Information Law And Your Rights Help with Debt Problems

Just an update,
Ive never heard anything from them since

There was a thing on watchdog,
how compaines who cant provide proof of the debt can not re-claim the debt.

< Mark goes looking for link >

Humm i cant find the story but this link has loads of advice

http://www.bbc.co.uk/watchdog/consumer_advice/

I have a debt going back to 1997, when I took HP on something worth 500 quid. I still get letters saying I owe 50 pounds on the credit. I still have the cheque stub saying it was paid, and I have said I still have it but the letters are still coming.
Is this having a bad impact on my credit rating? I'm not too bothered about getting any kind of credit ever again, but don't want it damaging it for no reason.

The only way you will know is if you get your credit file report from http://www.experian.co.uk

i think its about £2

In there you will find if anything is about you.

Your letters.

1. ask them to prove the debt
2. if they cant and they continue you threaten them with harassment.

They can not get any debt off you if no agreement
was made to recover any costs prior.

about credit checks clcik me

This one covers what a debt agency can and cant do
click me

Hope that helps

My experience of Experian is rubbish - I got a free credit report off them but actually received two reports because they have the postcodes wrong - so I got one with the right postcode and wrong house and another with the right house and the wrong postcode. Got in touch with them, initially they weren't interested, then after quoting data protection, duty of care, quality control, reasonable accuracy and maintenance of records, they "looked" into it and blaimed the council, I said all my council bills and correspondance are addressed correctly but they said it was not their fault and showed no interest in correcting their records. One of these days, after I get rich (dream on), I am going to employ a solicitor to get my own back on companies like this, they are in a position of power and seem to think they are above the law - or better still, when I retire I am going to just be a bloomin' nuisance to them, might get a bit more satisfaction ... (yes, I've not had a good day today!!!).

If the information is incorrect, you don't need to hire a solicitor, just make a complaint to the office of the information commissioner. They're legally obliged to keep only accurate information on you, and if it isn't correct and fit for purpose etc, it's illegal.

Mark check out the threads on:

http://www.consumeractiongroup.co.uk/forum/

You will need to register for free to search for CCA (Consumer Credit Agreement). There is a lot of advice and template letters for download and people post their experiences in lots of detail.

Basically if the debt collection company can not provide you with a copy of the original consumer credit agreement signed by you then they have no legal right to collect it. They must prove that you owe the money and that they have bought the debt - its that simple really in law. In the absence of a signed cca then the debt is unenforceable - in court or otherwise. If they do have one check that it is indeed a Consumer Credit AGREEMENT and not a Consumer Credit APPLICATION. There's an obvious difference, an application does not prove you ever received the credit

Further if they do not provide it within 12 working days they have committed a criminal offence. Since the debt is out of statute and unenforceable in a court then they know they haven't a real hope but it might be fun for you to mess with them a bit with legal jargon.