Arrow Global/Shop Direct

[TTP]

Capital One

• Type of account credit card
• Date commenced 09/11
• Approx balance £180
• Date last paid (approximate date you last made a FULL payment) 10/2012
• Are you on arrangement or not paying DMP
• Status (default/in arrears/up-to-date) default 01/2013
• Account owner (who is writing to you, a DCA or the lender) Capital One

[TTP]

Natwest

• Type of account business overdraft
• Date commenced 06/2008
• Approx balance £1700
• Date last paid (approximate date you last made a FULL payment) N/A
• Are you on arrangement or not paying DMP
• Status (default/in arrears/up-to-date) default not sure not showing on credit file
• Account owner (who is writing to you, a DCA or the lender) Baker Tilly

[TTP]

There are also three or four other accounts with less than £100 to pay.

[Joanna Connolly Solicitors]

I've read through all those posts and can see you've sent a s 77-79 CCA Request to some of them but still have more to send.

Each time you get a response quote the post and add the update at the bottom so the forum can follow your blow-by-blow account of what's happened and suggest your next step - which may be to do absolutely nothing sometimes.

If you are sent a credit agreement email it to Niddy using webmaster@all-about-debt.co.uk and he'll give you an overview. Put your username in the subject bar and a link to this thread in the email too so he knows who it's come from.

Hopefully you feel a bit more in control of the situation now that you've listed them all.

Di

[TTP]

Diana Mayhew Thanks Diana - Do you think it is worth CCAing those taken out 2011/12 as they arn't very old and were applied for online?

Also, I've had reports from experian and equifax now and found a default from a Shop Direct account that was paid off via the DMP a couple of years ago. I emailed the DCA (Lowell) who told me a default notice was sent to my old address by Shop Direct. I can still log into the account and they have my current address listed and must have had my new address on file as I hadn't lived at the old address for over 5 years prior to the default.
Would I have any way of getting the default/account on the credit file removed if they did send it there?

[Joanna Connolly Solicitors]

Diana Mayhew Thanks Diana - Do you think it is worth CCAing those taken out 2011/12 as they arn't very old and were applied for online?

It doesn't matter how recent an account was opened the creditor/debt purchaser would still have to evidence that you entered into a contract with them if they tried to enforce the debt in court.

This forum's approach is to send a s 77-79 CCA Request to each and every debt then update your thread post when you get any response to see what your next step should be.

If the credit agreement you're sent appears to be 'enforceable' that doesn't mean there aren't other mistakes the creditor may have made along the line.

Also when an account is assigned (sold to a debt purchaser) the new debt owner doesn't automatically have full access to the original creditor's data so they may not be able to produce the same document and the debt could become unenforceable when a new CCA Request is sent if they are unable to comply with it.

Cross each bridge as you get to it.

Di

[TTP]

Thank you - will make a start with the rest now.

[Joanna Connolly Solicitors]

[USER="6334"] reports from experian and equifax now and found a default from a Shop Direct account that was paid off via the DMP a couple of years ago. I emailed the DCA (Lowell) who told me a default notice was sent to my old address by Shop Direct. I can still log into the account and they have my current address listed and must have had my new address on file as I hadn't lived at the old address for over 5 years prior to the default.
Would I have any way of getting the default/account on the credit file removed if they did send it there?

Is the date of the default correct even if the DN may have been served on the wrong address at the time?

The whole file entry will 'vanish' from your CRA file six years to the day from when it was registered so when is that likely to be?

Presumably it's Lowells who are reporting to the CRA since they now own the debt so I'm puzzled as to how you can still login to your Shop Direct account if it's been assigned to a debt purchaser.

Or have I misunderstood what you're saying

Di

[TTP]

I'm not sure about how the date ties in to be honest, will have to write to them I think as I entered a DMP in 2012 and the default is in 2014. However, I did have a couple of buy now pay in 12 months with Shop Direct. So if this is the case with this particualr account it wouldn't have become due until 2013 and then obviously the time it takes them to default it could well be correct.
This means it won't fall off until 2020.

I don't understand how it could of been sent to the old address as the items ordered muct have been delivered to my current one and if the DN was sent there, were the statements? If so, I wouldn't have received the statements and requests for payment.

Yes, it's Lowells that are reporting, and Arrow for other shop direct accounts but I can still log in to them all.