If you get a letter saying that a debt has been sold to a debt collector you may be very worried.
This article answers common questions about what has happened and how it will affect you:
- will the debt collection agency (DCA) be horrible to deal with?
- is it legal to do this?
- do you still have to pay the money?
- what about your credit record?
- what if you don’t owe the money?
Contents
I don’t think this is my debt
The letter doesn’t say what the debt is!
If you get a letter that might be about a debt but it doesn’t give any details at all, it is just asking you to call them, then this is a “fishing expedition”. They don’t really know who the debt belongs to and they are hoping someone will give them their details (date of birth, previous addresses) that will match.
You can usually ignore these vague letters – see Prime Location Services – do I have to call them? for an example.
But I don’t owe this money
When the letter mentions a debt that you don’t think you owe, do not ignore it.
If you have already repaid the debt, tell the debt collector this. Ask them for a Statement of Account for the debt if they say you do still owe money.
If you have never borrowed from that lender, or never used that electricity supplier, reply telling the debt collector to Prove It!
It is the debt collector’s job to show you are the borrower. You don’t have to prove you aren’t. But unfortunately you may need to be persistent about this.
Has the debt really been sold?
A lender will often appoint a debt collector to try to collect the money for them. This isn’t a “sale” – you still owe the money to the original lender. None of the rest of this article is relevant.
If you aren’t sure what has happened, the best thing is to contact the original creditor and ask them if your debt has been sold or not. If you are worried and don’t want to talk to the creditor, phone National Debtline for advice about the letter.
Is the sale fair?
Is this even legal? Why wasn’t I asked?
When a sale happens, everything about your debt remains the same, except that you now owe the money to the debt collector who has bought the debt. The T&Cs of the debt haven’t changed – just who the creditor is.
You won’t be asked to agree to the sale. AndYou can’t object to or stop the sale.
You agree to the original terms when you borrowed the money or opened the account. In the small print, there will have been a clause that said that the lender can “assign his rights” to a third-party. This is the legal term for a “sale”.
Your debt can be sold if you are in debt management or you have an arrangement to pay. It may not feel fair if the lender accepted your monthly offer and you are making the payments as agreed, but legally the lender can still sell the debt.
There is one exception here. If your lender subscribes to the Standards of Lending Practice and if they had previously been shown evidence that you have mental health problems or critical illness, your debt should not have been sold. Most banks and many major credit cards are subscribers. Go to your local Citizens Advice if you would like help with this situation.
How much was my debt sold for?
That will depend on the state of your account. A debt where you have paid token payments or nothing for a long while may have been sold for very little, just a penny or two in the pound. If you are making regular payments then it will have been sold for more.
You won’t be told what your account was sold for. The sale is a commercial agreement between the seller and the buyer.
This may seem annoying or unfair, but the debt collector and the original lender are not doing anything wrong by not telling you the sale price.
The price the debt collector paid for your debt is irrelevant to you. It doesn’t affect the amount that you now owe. You still owe the full amount but now to the debt collector.
If the lender has been paid, why do I owe anything?
The original lender has had the debt settled by the DCA. But you now owe the money to the DCA instead.
Think of this example. You borrow £200 from your sister for some car repairs, agreeing to pay her back £50 a month. But she suddenly needs all the money immediately, so your dad gives your sister the £200 and you repay your dad instead. Same debt, same repayments. You borrowed from your sister but now you don’t owe her anything but you do need to repay your dad.
This is pretty much what has happened with your debt being sold. Your debt stays exactly the same, you just owe it to a different person.
NB This example isn’t an attempt to explain the legal contractual obligations – it is an analogy illustrating why you now have to repay someone else.
I want to carry on paying the original lender
You can’t do this. You don’t owe any money to the original lender anymore.
Has this reset the 6 year period for becoming statute-barred?
No, this hasn’t changed anything about statute barring:
- if the debt isn’t yet statute-barred, the 6 year period carries on, it doesn’t start again after the sale. But if you were hoping the debt would soon become statute barred, the debt collector may push you to make a payment or go to court for a CCJ if you won’t.
- where you have been making payments, this debt will never become statute-barred.
- a debt that is already statute-barred will continue to be so after the sale.
Read Statute Barred Debt – Common Questions because statute barring is complicated.
My debt has now been sold to another debt collector!
This happens. Sometimes several times. There is nothing you can do about it.
Sometimes the debt collector is going out of business. In 2022-3 there was a very big transfer of debts from Hoist to Lowell for this reason.
If you have been paying the previous debt collector, just start paying the new one.
What will the debt collector do?
Will the debt collector be difficult?
You may find that debt collectors are as easy to deal with as the original lender. Indeed they may be more likely to freeze interest or accept a full and final settlement offer!
If you had a payment arrangement with the original lender, for example in a debt management plan, you just need to offer the same amount to the debt collector.
There are regulations to make sure that consumer credit debt collectors behave fairly. All debt collectors handling credit card, overdraft and loan debts have to be regulated by the Financial Conduct Authority and if you have problems with one, the Financial Ombudsman will look at your complaint.
Unless you ignore the debt collector, it’s unlikely that you will get phone calls at work.
Will they come to my house? send bailiffs?
Bailiffs can’t be sent until the debt collector has got a CCJ (see below) and you are not making the CCJ monthly payments. this is very unlikely unless you ignore the debt collector.
In theory, a debt collector can send someone to your house. They have no more right to enter your house and take your things than the postman has. You don’t have to open the door to them.
As a result, this is pretty rare. It isn’t going to happen unless you ignore the debt collector, and even then it’s pretty unusual.
Can the debt collector take me to court?
Legally, yes. The debt collector now has all the rights that the original lender had and this includes applying for a County Court Judgment (CCJ).
You don’t have to worry that this is going to happen straight away. The debt collector would rather reach an agreement with you for monthly payments and not have the cost and bother of going to court.
But in 2022, there were nearly 900,000 CCJs. Many of these CCJs are for quite small amounts – much less than a £1,000.
Very few original lenders go to court for a CCJ – they usually sell the debt and let the debt collector take you to court. You may have been ignoring the original creditor and all that has happened has been a few emails and letters. But if you ignore a debt collector they are much more likely to take you to court.
How much can you pay to this debt?
I already have a payment arrangement in place for the debt
If you have a debt management plan, tell the DMP company. They will switch your monthly payment to go to the debt collector.
Where you have set up the payment arrangement, you need to ask the debt collector for their bank account details so you can start paying them.
I can’t afford to pay anything as I have arrears on important bills
Explain this to the debt collector. Most of them will let you have a break from paying if you have priority debts.
DO NOT PANIC and offer too much
You should only offer what you can afford for regular monthly payments. Not the maximum you think you can stretch to next month.
Never borrow money to try to pay a debt collector. This is an already defaulted debt where interest should be frozen. You will make your situation worse by borrowing more money to clear this and paying interest on it.
If you have been ignoring this debt, this is a good point to review your whole situation and your possible debt solutions.
If you aren’t sure what to offer, or feel a debt collector is trying to push you to pay too much contact your local Citizens Advice. Or phone National Debtline on 0808 808 4000,
But I now have two defaults on my credit file!
Debts are usually already defaulted before they are sold. When it is sold the original creditor will mark the debt as settled with a zero balance owing and the debt collector will add the debt with the same default date that the original creditor used.
So now there are now two debts with defaults on your credit record. You may be alarmed because that looks bad.
But the debt isn’t being double counted because one of the debt entries says that there is zero owing.
And when your credit rating is calculated, only one of the two debts is counted. So your credit score will not get worse because you now seem to have two defaults.
Options when you cant pay bills & debts
Threats of court – are debt collectors bluffing?
Ask for the CCA agreement for old debts
Raza Choudhry says
Hi Sara.
If a lender does not give a Default Notice can they still sell your account. Thanks
Sara (Debt Camel) says
Yes. Your account can even be sold if you have never missed a payment.
Raza Choudhry says
Thank you.
I guess we are in big trouble. Mortimer has issued us with court proceedings, and I was hoping that not having received a Default Notice may have been something we could use (unfortunately they provided a Cca copy from Lloyd’s 🙁).
The horrible person we spoke to on the phone would not consider the settlement offer they gave to us before (£700) and just kept on saying the matter is now going to court.
Sara (Debt Camel) says
You should have been sent a Default Notice.
Talk to National Debtline on 0808 808 400 and/or post on the Legal Beagles Forum https://legalbeagles.info/forums/forum/legal-forums/court-claims-and-issues/received-a-court-claim about whether you can use this to defend the claim.
Max says
Hi,
In case it helps, Lowell recently abandoned legal action against me for an old debt as Cap 1 could not provide the Default Notice from 2014 that I had requested as part of the pre-action protocol.
Reading the AAD forum, it seems the failure to supply such a document is sufficient to null court action, but as Sara says, best you take professional legal advice.
For the record, it’s been over nine months since Lowell last got in touch, but their letter clearly states the Default Notice is no longer available.
Best of luck,
Max
Raza Choudhry says
Thanks Max that’s brilliant.
In our situation we requested a copy of the Cca, which after a long time they did send.
However never asked for DN as that just didn’t cross my mind.
On speaking to the DC solicitors ( same company basically) the very rude and arrogant individual stated that companies don’t tend to keep copies from 10 years ago etc, trying to suggest therefore it’s not necessary.
We have now requested the DN but I am worried that they have served county court papers on us on 28.04.23.
So worried what will happen if they don’t provide this information in time
Sara (Debt Camel) says
Talk to National Debtline and post on the Legal Beagles forum
Holly says
Hello, I hope all is well I just wanted some advice please. I have a guarantor loan with buddy loans in which I am paying off a payment plan but I missed a payment in 2021 and the debt has been sold to a company . This company are now chasing my guarantor for the payment that I missed in 2021, even though she is not in a financial situation to pay anything towards that. Is there anything I can do??
I’ve only ever missed one payment. I believe it was by accident when I was changing jobs in the payment dates changed, but I have paid every month since
Sara (Debt Camel) says
How bad is your guarantor’s financial situation?
Adam says
Hi,
Thanks for all your help recently.
I have been contacted with a 7 day reply notice to a debt collection agency regarding an energy bill from an energy company that is now bust.
I had an ongoing dispute with the energy provider at the time (2021) as they had put me onto an expensive tariff without my consent and had provided false information on the phone. The energy company acknowledged their fault and I have this in writing in an email.
Although all calls and communication were recorded, with the company going bust, I don’t know how they can resolve this and clear the debt as they may argue my email correspondence is fake?
My question is, I am being chased for £686 with a 50% discount to settle the account but I will have to pay in full, which I can not afford to do.
What are my options and what would you advise?
Sara (Debt Camel) says
So do you think half of that would be a fair settlement? It does sound as though you probably owe some money?
What are the rest of your finances like?
Adam says
Thanks for your reply.
I am happy to pay half as the energy company collapsed before they could completely resolve my complaints however I can’t afford to pay this in one payment, especially within 7 days.
I am worried this will impact my credit score and the last thing I want to do is pay this on a credit card as my finances have gone out now until my next pay cheque.
Sara (Debt Camel) says
is this already impacting your credit score? Would you be able to pay the half next month?
Anonymous says
I had a debt to a company but they refused to speak to me when I was having difficulties because I didn’t have my old bank card details, in the mean time the debt grew, and when I finally got contacted by a debt collector I told them to get lost because it wasn’t fair and they did. Then last week I got told my debt got sold. This doesn’t seem fair at all. I don’t know what to
Sara (Debt Camel) says
Well you can complain they didn’t treat you fairly initially when you saud you had problems. Did you fail to get through security?
But if you refused to talk to them did you really think the debt was going to go away? It doesn’t work like that.
What sort of debt was the original debt?
Martin Wildgoose says
Hi, I have been contacted by Cabot recently about an old Aqua card debt that defaulted in 2017. I contested this about seeing the CCA agreement which they have now given me along with a final response letter. I have contacted Aqua to see if they have any statements of mine but they said they were no longer on file as it was too long ago. I built up the debt gambling and had a few credit limit increases during that period but without anything on record now to prove that I guess I can’t take it any further. Thanks
Sara (Debt Camel) says
When did you last make a payment to this?
Michael says
May I mention that creditors view sites like this and the use of one’s own name, or family name, is often a bad idea. A debtor may undermine their negotiating position by undue disclosure. I believe disclosures elsewhere have been cited in court proceedings. If nothing else, a debtor can reveal their state of mind prior to negotiations, undermining themselves Play safe, use a pen name or just a first name.
Martin W says
April 2018
Sara (Debt Camel) says
ok in that case it can’t be statute barred.
You could send Aqua a subject access request (email dpofficer@newday.co.uk) and ask for a copy of all personal information that they hold about you. It’s a long shot, but if you just asked for statements, then they may no longer have those but still have a list of transactions, charges etc.
Otherwise you need to decide how to deal with this debt. What are the rest of your finances like at the moment ? Do you have other old debts you are hoping will not reappear?
Martin W says
Hi this is the only debt on my credit file, I did ask for any information when I rang them and the only thing they said is I asked for a credit limit increase in 2015
Rachel says
Hi Sarah, I have a debt with 118 money which I took out in 2017. My circumstances changed and the last payment I made was December 2017. I called them to explain my situation and they told me to contact them again when I was in a position to pay the debt. I have not contacted them since, however I have received an email from them this month stating that if I do not make any payments then they ‘May’ sell this debt. My question is, would this debt become statute barred in January? Also are they likely to sell this debt with it being so close to the 6 years time? I am still not in a position to pay anything towards this debt (I am not working at the moment or receiving any income due to reasons I will not go into, my partner provides for us. No benefits etc…
Sara (Debt Camel) says
My question is, would this debt become statute barred in January?
That may depend on when a default was added, see https://debtcamel.co.uk/statute-barred-debt/ and talk to National Debtline on 0808 808 4000 about this.
Also are they likely to sell this debt with it being so close to the 6 years time?
Yes this is VERY likely. And the debt collector buying it may go to court to get a CCJ.
I am still not in a position to pay anything towards this debt (I am not working at the moment or receiving any income due to reasons I will not go into, my partner provides for us. No benefits etc…
Do you have other debts as well? Do you own any assets eg part of a property or a car with over £2000?
Rachel says
Thank you very much.
No I don’t own a car or a property. I am living with my partner in his home.
Regards to the default, is that the date that is showing on my credit record?
Sara (Debt Camel) says
Is that date showing as a default date? Or a missed payment?
Rachel says
It is showing as missed payments from Jan 2018-Sep 2018 then from October 2018 is showing as default on credit report.
Sara (Debt Camel) says
Then you should probably assume that this won’t be statute barred until Oct 24. Talk to National Debtline about this and about your options, as that is a long while and a strategy of hoping it will become statute barred isn’t likely to work.
Katie says
I had a credit card with marbles and this was taken over by Cabot about 2018. No payments were made until recently when they offered 50% off and I set up a payment plan for 3 Payments. I have since had a bailiffs letter from Lowell for the same debt. They have issued a CCJ last year which I didn’t know about. How can they both have same debt? It was for £400
Sara (Debt Camel) says
This is the first communication with Lowell that you have had?
Katie says
Yes I didn’t know they had issued a CCJ. I have been trying to ring number on letter but can’t get through. Do I continue with payment plan with Cabot or do I have to pay this?
Sara (Debt Camel) says
At the moment you have no idea what is happening. Looking at your email address, you beams sound pretty common, so it may be the CCJ relates to another person completely and not you. I would carry on paying Cabot.
Dan says
March 2022 i entered into a DMP for various debts. After a couple of months i received communication from my DMP provider to say one of my debts had been sold, an £1150 overdraft.
Just over a year and a half on Ive discovered that from august 2022 to September 2022 after they had accepted the dmp and had frozen interest the company who had purchased my debt was claiming it was a debt of £6100. I had not recieved any further correspondence from either the DMP company or the company that purchased the debt.
Am i too late to dispute this? Do i have any rights in this situation?
Sara (Debt Camel) says
So how did you find this out – did your DMP company tell you? Have you seen this balance on a credit report? Or did the debt collector tell you?
Lynne Gilchrist says
Sorry I didn’t know where to post this but out of nowhere I’ve had conte from Ophelos email saying I have an old debt with Diffetent Money? When did they fold please cos this must be 15 or 20 years ago!
Sara (Debt Camel) says
I suggest you talk to National Debtline on 0808 808 4000 about whether this very old debt is “statute barred” – if NDL think it is, they have a template letter that you can send Ophelos.
Rachel says
Hi, I have been contacted by Resolvecall (with no details of the debt). I’m unsure what the debt is and if it’s even mine but it will definitely be much older than 6 years now if it is mine. I called Resolvecall and said I have no details of a debt and it would be statute barred if mine. They said they will close their account and hand it back to the creditor. What doesn’t this mean?
Sara (Debt Camel) says
You shouldn’t hear anything more.
Rachel says
Thanks Sara. As I said, there’s nothing on my credit file regarding this. Is it likely to be added from resolve call or the original creditor in the future or not if the alleged debt is so old?
Sara (Debt Camel) says
as the debt is so old, it shouldnt appear at all. But it’s a good idea to keep an eye on your credit record. If it does pop up again, try to reply in writing eg email rather than on the phone. So you have a record.
John Keating says
I took out a mobile contract, that I’ve never used, to keep my T.V./Internet/House phone bill down.
The mobile provider has informed me that I have an outstanding debt – one monthly payment – of £29.32
They have passed this £29.32 to a debt recovery agent
Will a debt recovery agent really chase and argue this outstanding amount?
I don’t accept the debt, however, regardless, I am surprised this amount would be such a major issue
Is there a debt amount where the recovery costs outweigh the debt and make it unjustifiable to pursue
Sara (Debt Camel) says
Not really. Well possibly less than a pound. All the chasing and contacts are automated.
Ben says
Hi Sara
I had 6 debts which were all sold off after I entered a DMP but only 4 of them were defaulted (early 2018) and they are all about to drop off my credit file. However, despite NewDay sending me a letter saying that they have ended the Credit Card Agreement in July 2018 and ShopDirect selling my debt to Moorcroft both companies have recently said after I made a complaint, they would not default the accounts like the 4 others did in 2018. This is annoying as if these accounts were defaulted, they would be dropping off my credit file in just a couple of months.
In their letter deciding not to uphold my complaint, NewDay mentioned a few letters they sent me in 2018, saying my account was by August 2018 covering 1% of the debt, but did not mention their July 2018 letter telling me that they’ve ended my credit agreement. I’ve gone back to them mentioning this but in view that they’ve asked me to go to FOS, is it likely they will change their decision not to uphold my complaint? In a past FOS decision I had, the Investigator said:
The ICO guidance says that information must be fair and accurate and that a default should be recorded in circumstances where a relationship has broken down. It is further suggested that the period should be after three months of arrears and by six months of arrears.
Thanks
Sara (Debt Camel) says
Yes send these to the Ombudsman.
The lenders haven’t asked you to go to the Ombudsman because they are confident they will win, the regulator says they have to tell everyone who makes a complaint without exception of their right to go to FOS.
Arnold says
Hi Sara
9 months ago, I rec’d a letter from Lowell that I allegedly owe some monies. I checked my credit files and found nothing connected to Lowell or any debts. I made a request for all documents under 77&78 CCA 1978 within 12 days of receipts of the letter. Lowell could not provide these documents, even after 40 additional days to find the CCA.
Shortly after, Lowell made a claim that the alleged debt had been to court 5 years ago, provided a court reference number (with no documents to prove the debt had been to court). I do not recall any court dates. Hence, they would not be providing any CCA documents and requested that I make payments.
I proceeded to making a complaint to Lowell that I still wanted all the CCA documents, court documents and if the alleged debt is UNENFORECEABLE and prove why it is not. After my 3rd complaint letter, Lowell finally acknowledged my complaint and would let me know within 8 weeks according to their complaint policies. It’s been 4 months and Lowell has not been in touch with my complaint.
My question is should I pursue Lowell regarding the complaint or wait until I hear from them? I do not want to be caught off-guard when I suddenly see a CCJ in my credit file in the future. I travel quite a bit so I do not want to come home one day to see a disheartening letter from Lowell that I was unable to respond to on-time because I was away.
Kind Regards
Sara (Debt Camel) says
I suggest you ask them to reply to your complaint, saying that if they don’t you will be sending this to the Financial Ombudsman and asking for compensation for the way Lowell have handled this.
Here is another case at the moment involving a CCJ that Lowell have alleged is a reason not to produce a CCA agreement https://debtcamel.co.uk/settlements-old-debts-cca/comment-page-3/#comment-524657
Arnold says
Hi Sara
First of all, I would like to say Thank You very much for highlighting another case almost similar to my case ‘a reason by Lowell not to produce CCA agreement’.
On the 19th January 2024, as per your suggestion, I sent a special delivery recorded letter to Lowell regarding my complaint on the 20th January. Till date, Lowell has not responded to my complaint or letter. It’s been almost 5 months since my complaint if the alleged debt was UNENFORCEABLE or prove why it is not.
Before I made it an official complaint, Lowell always responded within 7 days.
Do you have any idea the reason they have failed to respond to my complaint? Should I proceed to making a complaint to FOS or wait? Lowell are disregarding the official 8 weeks complaint FCA rule by not responding to my complaint and my reminder letter. Please advise.
Regards
Sara (Debt Camel) says
I suggest you send this to the Financial Ombudsman now.
In your complaint you should be clear that you are disputing the debt as you have no knowledge of it [that is corrent, isn’t it?]. Say you understand that if there is a CCJ Lowell do not have to produce the CCA documentation, but to the best of your knoweledge, you have never had a CCJ, one has never appeared on your credit record and you have also checked Trust Online [you have, haven’t you?]. You have asked Lowell to produce evidence of the CCJ but they failed to respond to your 2 complaints dated dd/mm/yy and dd/mm/yy. In response to your 3rd complaint date dd/mm/yy they said they would reply in 8 weeks. In January after 4 months you send a letter recorded delivery and have not had a response to that either.
You consider this is a very poor way to treat a customer who is disputing a debt and that Lowell’s failure to reply to complaints is a breach of the consumer duty.
You would like Lowell to either produce the relevant evidence about the debt or agree not to pursue you for it any more, and you would like a refund of your costs (recorded delivery letter, Trust Online fee) plus £250 for the prolonged hassle that you have been put through trying to get this sorted out.
(Do NOT major on the failure to produce the CCA meaning the deet is unenforceable – the important point is that you are disputing you owe the debt, Lowell have not produced any evidence about it and have been unable to show any evidence that there has been a CCJ. )
Arnold says
Thank You Sara. I will proceed and inform the FOS. Keep you updated.
You have no idea what it feel like to have someone like you giving guidelines in dealing with companies like Lowell. Thank You.
One question, out of curiosity, I have read on some of the past posts, that Lowell produces CCA 6 months later after a request. In most cases, a person has to make payments. However, can a person still take Lowell to the FOS or small claim court that Lowell was previously in breach of the consumer duty by ignoring the complaints. Am just curious.
Kind Regards
Sara (Debt Camel) says
You can’t sure for breach of consumer duty – you have to take the complaint to the ombudsman.
Arnold says
Thank You Sara. Keep you updated and for those that might be in a similar situation.
Regards
Arnold
Paul Cook says
Hi there , I am a victim of identity theft on a credit card issued by the Halifax in 2018 -2021 . From 2021 until present we have been dealing various debt collecting agencies with the current one being Kearns solicitors and Link finance . We recieved aCCJ , a restriction on my property for the sum of £3655 . The CCJ was issued in July 2023 and Halifax bank dealt with Kearns on our behalf . We have never had an account with Halifax .
We had no prior correspondence or any details as to what this debt was for , just the land registry letter confirming the CCJ and the amount .We assumed all had been dealt with by Halifax however we recieved further confirmation in November of the current CCJ with the restriction intact as before .
All the debts including this one have been from an address using my name . The landlord has agreed to supply me with a signed letter confirming I have never been a tenant of his at anytime .
I have asked Kearns for proof of original credit agreement which was a loan from bank of Scotland but they refuse to speak with me as the case is at the interim stage . I have contacted Link Finance requesting they forward me the original credit agreement .
Are they obliged by law to supply me with this request and what would be a reasonable time for them to respond . So far I have heard nothing .
Thankyou
Thankyou
Sara (Debt Camel) says
We assumed all had been dealt with by Halifax
Do you mean that Halifax agreed you have not had a credit card and that this was identity theft?
Have you reported the identity theft to Action Fraud.
Are they obliged by law to supply me with this request
Unfortunately not – the obligation to supply this ceases when there is a CCJ.
L says
Hi Sara, thanks for guiding me here. I made a complaint to ombudsman re a debt collector. I complained about the conduct. The account are both financial and communication but Comms ombudsman said because it’s a our their conduct it has to be fos.
I spent weeks writing the clearest complaint, with evidenced attached and numbered, and am quite shocked that the summary of the complaint is complete rubbish against what I gave written – as though the investigator hasn’t even bothered reading it. He’s also said he will pick out what he “thinks is important” and this might be different to what I’ve asked to be investigated?
I’m pretty appalled to be honest. It feels careless and lazy. He has said if I disagree with his outcome that he won’t investigate their conduct, I can have it raised to an ombudsman. Will that be a straightforward process?
My faith in the FOS is in tatters after their amigo situ and this.
Thanks
Sara (Debt Camel) says
So first Amigo was a massive failure of the FCA, not FOS. FOS had mo option but to stop investigating complaints when the first scheme was proposed. If it wasnt for FOS, Amigo would still be merrily in business, ruining many more lives.
If you think the investigators summary of you complaint is rubbish, I suggest you reply Saying you think they may have missed some important points and misunderstood others and provide an alternative summary.
L says
Great. Thanks.
Sara (Debt Camel) says
Keep your summary short! It’s easier to miss points in something long.
L says
My complaint was very accurate and pointed. Which is why the important parts being left out feel particularly lazy.
When I’m sending a very clear complaint about a company that has caused so much trauma and stress, the least I hope for (when I have gone to great length to make it seamless for the investigator) is that it’s been paid attention to.
The investigator did say if I didn’t agree, I could request it to be looked at by am ombudsman, I just don’t know if that’s an easy request. I’ll call and be short and clear about why. Obviously leaving out the rubbish part.
Sara (Debt Camel) says
Can you summarise here what your complaint is and what the investigator said? and what the investigator has ignored?
L says
It’s a complaint with a lot of components, so too long for here. But spoke to them and they explained the summary is really a short overview, and what I am concerned about will be covered. So keeping fingers crossed for a thorough investigation.
Sam says
Hi Sara,
I was wondering if you had any knowledge of people having any success with claiming their debt should never have been sold under rule FD15 of the lending standards board rules?
I have a debt with Santander of about £1200. It was sold to a debt purchaser but in the months prior to the sale I made Santander aware that I was suffering with mental health issues. I have evidence that shows they were informed 3 times of my condition yet still sold the debt on without asking me anything about my condition or offering any support. They knew I was vulnerable and did nothing. I am able to supply evidence of my condition.
I want to ask Santander to bring the debt back from the purchaser and to consider writing it off due to the fact they failed in their obligations and broke the rules.
Am I wasting my time?
Sara (Debt Camel) says
I don’t normally suggest this as I think the chance of you getting The debt written off because if it is very very small. And in general debt collectors are easier to deal with than banks! So you don’t really want them to buy it back.
Unless the debt collector has been behaving very badly?
What sort of debt was this? Do you have other problem debts as well?
Sam says
It was an unsecured loan.
The debt collection in question is notorious for not agreeing to reduced settlement offers so I was thinking if it was passed back to Santander I might have more of a chance of either getting it written off or a reduced settlement amount.
Sara (Debt Camel) says
How large was the loan and do you think the payments were manageable from the start?
Michael says
Would Sam be willing to disclose to whom the Santander debt was sold , and who does not offer settlements?
Other people’s experiences may be helpful
Karl says
Hi
Hoping someone can help please.i cancelled my gym membership via email. The company emailed me back saying to also cancel through the app. I then cancelled my direct debit to be safe. I heard nothing for 2 months so i assumed i did it all right. They then just took 3 months payments in one go. I got it back via the bank and they are saying that they are sending it to debt collectors as i didnt cancel correctly and then cancelled from this month as a gesture of goodwill. I dont think i should pay as i did attempt to cancel. Will i have to pay the debt collector’s if i show them the email cancellation ?? THe amount is £400. I had no correspondence of missed payments or why i was not attending for 3 months(you have to sign in so they know i havent used there services in this time) its a rolling contract with 45 day cancellation notice. I didnt know this period until they just emailed me. So i technically owe them one more month i guess but not 3 months extra.
Thanks in advance for any replies
Sara (Debt Camel) says
Did you cancel it through the app?
Karl says
I remember doing it but ive obviously not done it correctly. But the company hasnt made me aware. But i did send an email to cancel.
Sara (Debt Camel) says
I think you should talk to the Citizens Advice Consumer Helpline about this: https://www.citizensadvice.org.uk/consumer/get-more-help/if-you-need-more-help-about-a-consumer-issue/
Karl says
I spoke to citizens advice. They said if there t&cs state i must cancel via the app then this stands.the t&cs state you may cancel via the app or portal but doesnt state you cant cancel through any other method. Citizens advice said because they named two methods i have to use one of them but i believe its open to interpretation.I cant prove that i used the app to cancel only the email. But their reply from my cancellation email told me the steps to do next which i did. They said after a thorough investigation their crm system showed no contact was ever made to cancel but i was adamant i had and then they found the email but said i never followed up with the app cancellation. Also when logging back onto the app it says organisation not found yet all my details are in there and classes attended and missed Im assuming there is a fault with the app in this case and thats why the cancellation never went through properly with the app and there crm system is also at fault for initially not picking up any correspondence.
Karl says
Also the company said they would cancel over the phone as a gesture of goodwill but all previous payments still stand. On the app im still enrolled so again this shows they can cancel via other methods and there system is at fault as still showing enrolled. Can i use this leverage to my advantage? Also i have found negative reviews from members on google and in their replies they state they contacted the member via text email and phonecalls multiple times in order to retrieve missed payments. In my case they let it go on for 2 months with no attempts to contact me through these mediums. The t&cs dont mention that they will contact you but they do state after a week of non payment they will send to the debt to collectors and you cant use their services and your membership will be suspended. Again ive had no contact to say where i was suspended and the app is showing as missed lessons. 30 of them.(they have an icon for suspended and missed so you can tell the difference). Can this also be used to help my case? Thanks for your help
Sara (Debt Camel) says
If the app says you may cancel through the app or portal, then that is a choice – it doesn’t mean that other ways eg email are possible. I can’t help further. Try https://thecomplainingcow.co.uk/ who covers general consumer complaints.
Geoff says
Hi
My Barclaycard debt has been sold to PRA group. When I looked on my credit file there were two default notices with different dates. I complained to PRA group who said that they were sending the correct information so I complained to the ICO after reading that, if it is apparent that there could be two different debts or the second debt takes the default period past the original 6 years that would be deemed unfair. My question is that PRA group refuse to accept responsibility even though they assured me they did their due diligence before buying the debt, blaming Barclaycard but they made the entry and my my credit file is publicly accessible so I am being harmed. Do I have a compensation claim? Secondly, I have been told that I can, under the property act, request the Deed of Assignment from PRA, showing the debt was sold otherwise the debt is unenforceable but PRA refuse to send it. Is this correct?
Sara (Debt Camel) says
When I looked on my credit file there were two default notices with different dates.
Do you mean different credit reference agencies have different default dates for the Barclaycard debt? How different are they?
How large is the balance owed? When was it sold to PRA?
Geoff says
So the Credit Reference agency shows the default as September for Barclaycard and October PRA group. It was sold in December 2021 with default 2021. It also shows me with an arrangement with PRA in 2005 even though the account was sold in December 2023. The balance is the same. What is interesting, and I know you state the balance is the same even though sold, is if Barclaycard believe that full payment for the debt is pennies then the value of the debt should be the sold value. For example if the seller of a house wanted £130k but you agreed a sale of £100k then tried to get the bank to pay (lend) £130k as the purchase price would that not be fraudulent? If so, why are we still being charged the full amount? I understand that the T’s & C’s may state they can sell but what legislation covers this?
Sara (Debt Camel) says
well PRA should use the same default date as Barclaycard did. Not sure it is really worth arguing much about 1 month though?
It also shows me with an arrangement with PRA in 2005
sorry? is 2005 a typo?
is this a very old card?
what is the balance on this card?
Geoff says
They seem to have just replaced Barclaycard which I took out 2005 with PRA. I didn’t think they could do that. It implies I have had a relationship with PRA since 2005 but that is not the case. It seems just a mess.
Sara (Debt Camel) says
you opened the Barclaycard in 2005?
Geoff says
Yes that is correct. Barclaycard in 2005.
Sara (Debt Camel) says
And you actually defaulted on the card when?
What is the balance on this card?
Because of the age of the account, it is possible that PRA will not be able to produce the CCA agreement for the debt if you ask them. See https://debtcamel.co.uk/ask-cca-agreement-for-debt/
Geoff says
According to credit file I defaulted in September 2021 but PRA then registered it as October 2021 which I am challenging. The balance is £14k. PRA have sent a reconstituted credit agreement. Is that the same as above?
Sara (Debt Camel) says
PRA are allowed to send a true copy of the CCA agreement. there are somethings it has to contaon – see that link for details.
You can argue about the date of the default if you want, but it’s only one month. I can’t imagine you would get much compensation for this.
“I have been told that I can, under the property act, request the Deed of Assignment from PRA, showing the debt was sold otherwise the debt is unenforceable but PRA refuse to send it. Is this correct?”
You would need to talk to a solicitor to see if you can defend a claim on those grounds in your particular case. As the balance is over 10k, you may be able to find a solicitor that would take the case on a no win no fee basis. I can give you a name if you want.
Geoff says
I have just checked and my credit rating has gone down 200 points in the last month after this second default was added. It is getting ridiculous. They say it is correct that there is only one default but all the evidence shows something different. Who can sort this out?
Sara (Debt Camel) says
“They say it is correct that there is only one default”
Who is “they”?
Geoff says
Barclaycard and PRA Group. But it is obvious that there are 2. Experian and ClearScore won’t take responsibilities say they only publish what they are told.
Sara (Debt Camel) says
So you have one entry for Barclay card and one for PRA? What are the default dates on each? Does the Barclaycard show as being closed?
It is useless disputing data with the CRAs, and even worse talking to the so-called free credit reports . You have to dispute errors with the lenders.
What do the three statutory credit reports show? I don’t care if you like other reports, check the statutory credit reports for all three credit reference agencies – links in here https://debtcamel.co.uk/best-way-to-check-credit-score/
Geoff says
Default Barclaycard is September 2021 and PRA is October 2021.
Sara (Debt Camel) says
Does the Barclaycard show as being closed?
Have you looked at the statutory credit reports?
Geoff says
Looking at Statutory reports. No reference to Barclaycard on TransUnion and PRA showing defaults for Dec 2023, Jan and Feb 2024. ClearScore shows 2 defaults (Barclaycard and PRA) with different dates (September and October). Equifax shows Barclaycard as settled and PRA in default starting 2005. Interesting that they have the same date of October 2021. It is so confusing.
Sara (Debt Camel) says
Equifax shows Barclaycard as settled and PRA in default starting 2005. Interesting that they have the same date of October 2021.
Both Equifax records have the same date? That’s odd because ClearScore reports on Equifax data.
What does experians statutory report show?
John says
Hi Sara.i had a credit card debt with Lloyds about 10 years ago. I was struggling to pay it at the time. I approached them for help which they didn’t give me. Even tho I sorted it out with the bank manager at the time. From that day to this I never paid a penny..I had a letter from a company called intrum saying my account will now be managed by a company called ( resolvecall )..who are asking for 5608.01 do I have to pay this back to these people after all this time ? Who I haven’t even corresponded with in over 10 years?
Sara (Debt Camel) says
Does this debt still show on your credit record?
Look at your 3 statutory credit reposrts, see https://debtcamel.co.uk/best-way-to-check-credit-score/ for how to do this.
It seems possible that this old debt is statute barred – too old to be enforced in court. You can talk to National Debtline on 0808 808 4000 about this – they have a template letter you can send Intrum. But NDL may well ask you if the debt shows on credit records, so it’s good to have checked that first
John says
Hi Sara..I checked those site you asked me to check. And I couldn’t see anything on them at all .
So where do I go from here then please ? John
Sara (Debt Camel) says
ok so phone National Debtline on 0808 808 4000 (or use their very good webchat). tell them about this old debt and ask if its likely to be statute barred – if they think so, they have a template you can email to Intrum and copy to Resolvecall that says this.
In many of these cases this will resolve the problem easily
PS also see the comment below…
Rob says
Hi,
I had a debt with Lloyds bank for an unsecured loan back in 2005 which defaulted until coming off my credit report in 2013 with no CCJ’s ever reported.
Today I have recieved a letter from Resolvecall acting on behalf of Intrum UK stating they have taken over the debt.
Lloyds is referenced on the letter as too is the amount however with no communication since the 11 years in which this was removed from my report, am I still liable to be taken to court for this debt?
From reading many comments I was under the impression the time in which action can be taken or even passed on to a debt agency to collect has long gone.
Thank you in advance.
Sara (Debt Camel) says
It sounds like Intrum has bought a bunch of old debts from lloyds – see the comment above this one. And as that says call National Debtline about whether this is statute barred.
Rob says
Thank you for the response Sara. I’ll give them a call and hopefully clear this up as quickly as possible.
Just one more question if your wouldn’t mind answering please.
Since this has been removed from my credit report and I’ve taken the time to build this up to excellent in preparation for a mortgage, is there any risk of another default being added now this company has brought the debt?
Sara (Debt Camel) says
No, that should not happen.
Rob says
Hi Sara,
I thought I’d share an update on some communication I recently received.
Using the National Debt website, I made use of the statue barred template which I sent off to resolvecall a week ago.
Today I received a response stating they will be closing the account and to expect no more communication from them.
I haven’t received anything from Intrum however I’m hopeful this is one step closer to being concluded once and for all.
Rob says
Thanks so much Sara and have a lovely Easter weekend.
Rosie says
I had a credit card with Aqua which defaulted with a balance of around £2.5k in 2018. This was sold to Cabot while a complaint to the FOS was ongoing re unaffordable credit limit increase. My complaint was partially upheld by the FOS resulting in the balance being reduced to approx. £1.1K. My current credit record shows that Cabot has recorded a default against this debt in Nov 2018. However they haven’t been in touch re the debt since then, therefore I haven’t been making payments. I recently received a letter requesting payment and saying “You might have noticed we’ve been trying to get in touch with you a lot over the last few weeks. We’ll continue our efforts to contact you until we hear from you” This is the first time I have heard from them since 2018. Should I respond in any way to them or are they simply trying to get a payment before the 6 year default falls off ?
Sara (Debt Camel) says
what date was your affordability complaint settled?
what are the rest of your finances like at the moment?
Rosie says
Affordability complaint was settled around Sep 2019. Finances aren’t great at the minute. Still juggling some debts and trying to reduce balances.
Sara (Debt Camel) says
The debt falling of your credit record is nice for you but doesn’t actually affect Cabot’s ability to take you to court for a CCJ. This wont be statute barred until 6 years after the affordability complaint, so late 2025 not this year.
If you could save up enough for a settlement offer, they may accept that. If not you may have to set up monthly payments – the debt will still drop off your credit record later this year
Ricky says
Hi,
Hope you can help!
Back in 2022 I “defaulted” on my Halifax loan which was then sold to PRA group.
So I missed January 22 payment paid feb, March then missed April then paid May, so missed two payments in the 5 months, I didn’t receive a default notice, but was told it was sent… I only realised it had default when I rang because they didn’t take the June payment.
I’ve since paid off the PRA in full within one year even though it was 13k, I’ve tried to explain I was in a difficult position as my partner was on maternity leave and then the energy prices went through the roof all at the same time.
I was really shocked that Halifax defaulted me at the time for two miss payments, is that normal?
I’m now really struggling to get a new mortgage and have gone back to them to ask why it was such a quick decision.
Sara (Debt Camel) says
have you asked them for a copy of the default notice?
you could point out that the SCOR rules on credit reporting say
“this [a default being recorded] may occur when you are 3 months in arrears, and normally by the time you are 6 months in arrears”
you have a current mortgage? who is the lender? do you just want a new fix?
Ricky says
Hi Sara,
Thanks for taking the time to respond!
I’ve spoken to Halifax today and will be making a complaint, when they say 3 months in arrears does that mean time only or missed 3 payments?
My current mortgage is also with Halifax but my credit score is terrible because of the default!
Also like to mention on my credit report it only ever shows as one month in arrears.
It’s says
Equifax-
january 1 , February 1, March 1, April D, May S
Experian –
January 1 , February 1 , March 1 , April 1 , May D, June S
Sara (Debt Camel) says
Do you just need to get a new fix on your current mortgage, everything else stays the same? Or do you want to change lenders, borrow more or make some other change?
Ricky says
Looking to move to a bigger house, do you think there is grounds to remove the default as they didn’t wait for 3 months of arrears?
Sara (Debt Camel) says
yes but it is still going to be hard to get a mortgage at a halfway ok rate with arrears followed by a payment arrangement.
Ricky says
Hi Sara,
How do I go about getting the default removed and do you think I’m reading the three months arrears as consecutive Payments in a row right rather than one payment missed and not paid back in over three months?
I’ve spoken to PRA group who are doing a complaint on my behalf back to Halifax and I was also going to do the same. Any other help would be greatly appreciated.
Sara (Debt Camel) says
Write (email / letter / message) to Halifax an complain. point out you were never in 3 months of arrears.
Ricky says
Hi Sara,
Thank you I’ve already called them now to make a complaint, have you ever heard of people being successful in this?
And if my default was recorded as May 17th 2022 when do you think they started the process before that?
Sara (Debt Camel) says
This is an unusal case, I don’t recall one quite like it.
You can ask them the date they sent the Default Notice to you – I can’t guess.
Ricky says
Okay thank you, I was hoping it was common!
Thanks for all your help
R smith says
Hi Sara,
So I’ve got my final response from Halifax and as expected they declined my complaint on the grounds although I missed only one payment they are saying the payment was not paid after 3 months even thou I made all other payments.
But also on the final response they have made several mistakes! Getting my arrears figure wrong, what date the default notice was sent and also other dates… I’m taking it to the FOS but if there’s mistakes on the response does this also go in my favour?
Sara (Debt Camel) says
You could ask for compensation of say £100 for a poorly handled complaint, but this sort of error won’t change FOS’s mind about what the correct default date should be.
Ricky Smith says
Thank you, it was more they based their decide to default me on waiting 3 months after 1 missed payment to issue the default notice but they sent me this in March not April.
It just feels like they haven’t really even looked at the case.
Sara (Debt Camel) says
you may win the complaint at FOS. But you will win it if FOS thinks adding the default was wrong, not because of the sloppy way the lender replied to your complaint.
Ricky Smith says
Fingers crossed! And thanks again
Julie says
I disagree that the amount that a debt collector paid for is irrelevant. It is relevant because if they bought a debt for say £5 pounds and the original debt was £1200 and they ask you fit £1200 then they are obviously going to be earning money from purchasing that debt and by law no one can’t earn money from purchasing a debt, which is exactly what they are doing if they bought a £1200 debt for £5. The debt collectors wouldn’t even exist if they wasn’t earning money from people’s debts. This is why some of these debt companies send you an offer with a percentage off the debt because they are still earning money from the debt even with a discount that they offer people.
Sara (Debt Camel) says
by law no one can’t earn money from purchasing a debt,
what law is this against?
Jay says
Hi There,
I’ve been receiving emails from Lowell regarding a few very old debts to Orange and BT etc which I think are over 6 years old. I can’t remember anything about them, can’t find anything on my credit file or old letters/emails etc – but if I email Lowell back and say prove they aren’t statue bared, will this reset the timer?? What am I best doing as I don’t want a CCJ but I also don’t want to pay a debt if it’s been purchased from over 6 years ago! Many thanks in advance
Sara (Debt Camel) says
Do you think you did owe these debts? If you don’t, send them a prove it letter and add a sentence in saying that to the best of your knowledge you have never had a contract with orange or BT that you missed any payments on.
If you think you probably did but are hoping this is now statute barred, read https://debtcamel.co.uk/statute-barred-debt/
John says
Hi Sara..can you help or advise me please. Over 10yrs ago I had a loan of 10.000 from welcome finance using my house that me and my partner was buying together at the time. We made a few payments off it then couldn’t afford the rest as we were struggling really bad. We fell out and are selling the house..welcome finance passed the debt of to carboot. They are chasing me for the debt now like I was saying from well over 10 years. Is the debt statue barred now ? Or do I have to pay it ? .. if I have to pay it back does my ex partner have to pay half back too with me ? As it was against the house which we both had to agree on with it being both our names. But me that had the loan for us both, ?
And if I do have to pay it back .? Would I be able to claim ppi back from off it ?
I would be very grateful for your advice and whatever help you could give me please.
Kindest regards john
Sara (Debt Camel) says
This is a secured loan – it will not become statute barred.
It is possible that you may be able to make a claim for PPI, not against Welcome, who went under in 2011, but against the Financial Services Compensation Scheme. See https://www.fscs.org.uk/making-a-claim/failed-firms/welcome/
Your partner agreed to the loan. How you choose to split the equity in the house after it has been sold and the mortgage and secured loan cleared is between the two of you.
John says
The house is being split equal. But I,m asking has she got to pay half towards the loan we both had on the house between us. But the loan is in my name . Do I have any rights to ask her to pay half legally ?
Sara (Debt Camel) says
I think you need to talk to a solicitor.
John says
Also if you don’t mind me asking Sara how would we stand with carboot ? Can the take the money what is due to us before the sale of the house ? And can we get it at a reduced rate there offering before they take the whole amount they was asking for.
Kindest regards John
Sara (Debt Camel) says
I assume car boot is Cabot.
Talk to your conveyancing solicitor. If the house sale completes, the solicitor will settle the secured debts – the mortgage and this secured loan.
You can try to settle the debt before the sale completes at a reduced rate. But if Cabot know you are selling, they are unlikely to accept less.
John says
Hi Sara. Is there a template people can use to claim back from vanquish credit cards please ?
Thanks john
Sara (Debt Camel) says
Vanquis? Read https://debtcamel.co.uk/refunds-catalogue-credit-card/ and think if you have a good affordability complaint against them
John says
Hi Sara where do you have to write off to please and find the template please that people use to claim back there ppi please for vanquish card
Thanks again John
Sara (Debt Camel) says
I don’t think Vanquis ever used PPI. Are you looking to make n affordability complaint?
John says
Yes sorry that’s what I meant..
Sara (Debt Camel) says
See https://debtcamel.co.uk/refunds-catalogue-credit-card/ and that page has a link to the page with the email addresses to use
soapbabe says
Hi, i defaulted on a credit card years ago, i was paying a monthly amount to the company., which they were happy with.
Recently they have sold it on to a debt collections agency.
This has affected my credit score by 15 points on total money.
It also states that i defaulted in Feb 2020, i now that i defaulted earlier than this.
What should i do?
Is it right that it has affected my credit score now?
Sara (Debt Camel) says
Selling a debt doesn’t change your credit score.
15 points is a tiny change, it could be almost anything, not worth worrying about
When do you think you defaulted? A default should be added when you are 3-6 months in arrears, not the first time you missed a payment.
Have a look at this and think if you could win an affordability complaint against the lender: https://debtcamel.co.uk/refunds-catalogue-credit-card/
Dominic says
Hi. My credit card debts that I have been paying on a DMP have been sold to a loan company. If I ask for my CCA on these card debts and they are unable to provide I intend to stop paying the DMP. If that happens when will the debt drop off my credit rating? Will it be 6 years after my last DMP payment, 6 years after the debt was sold, 6 years from first default to the credit card company or something else?
Sara (Debt Camel) says
debt drop off 6 years after the default date on the credit record, wehther they have been piad in full, sttled partially, are still being paid or are not being paid.
If there is no default date (check!) then one will be added when you have stopped paying and it will drop off 6 years after that. (You could ask the original lender to back date a default to speed this up. But that is all a long way off.)
Geoff says
Sarah – wondering if you can guide me. I had a Barclaycard that defaulted Oct 2021 and was sold to PRA Group in November 2023. Using ClearScore I noted 2 defaults listed against me for Oct 2021 and Nov 2021 so I complained. ClearScore blamed Experian for the 2 defaults and I should complain to them. So I did. Experian provided my credit report and the while Barclaycard default was listed as Nov 2021, my credit history showed a default in Oct 2021 and Nov 2021 which clearly ClearScore treated as 2 defaults. Experian blamed the credit provider(s) and I should complain to them so I did. Both stated the data was correct, the default was Nov 2021 and Experian was wrong in the history. PRA and Barclaycard said complain to the FCA so I did arguing that Barclaycard had erred. The FCA agreed that there were 2 defaults listed on ClearScore and my Experian history report was wrong but despite that, the data in the report was correct and found in favour of Barclaycard that they had acted appropriately and if I was not happy to appeal. So I did and I am currently waiting for the outcome but expect it to find in the FCA’s favour. I went back to Experian, based on all findings, but they still refuse to update my report and state complain to the FCA. I am getting dizzy going round in circles. What should I do? How can I force Experian to fix my credit history and then fix my ClearScore report? Which is all I want.
Sara (Debt Camel) says
I assume you meant FOS, the Ombudsman service, not the FCA.
Clearscore has nothing to do with Experian, it reports on Equifax data not Experian data. Nothing Experian do can affect your Clearscore report in any way.
Barclaycard are listing the default date as October 2021 and PRA as November 2021?
Do you agree the default date was October 2021?
Geoff says
Hi Sarah. Yes you are correct sorry for the error. Barclaycard and PRA both state in writing the default is Nov 2021 but ClearScore list two defaults – Barclaycard Oct 2021 and PRA as Nov 2021.
Sara (Debt Camel) says
ok then Barclaycard should be reporting that date to Equifax. Nothing to do with Experian at all.
is this your only problem debt?
Geoff says
Yes my only problem. Barclaycard state they told Equifax the default was in Nov 2021 but Equifax still reporting October and November 2021 for the same default. Barclaycard believe they have done nothing wrong and have nothing to fix. Equifax believe they have done nothing wrong and have nothing to fix but show two defaults in my credit history. ClearScore believe they have done nothing wrong and have nothing to fix but still report 2 defaults on my account, 1 for Barclaycard, one for PRA Group and acknowledge it is the same debt. The best part is the FCO don’t believe anyone has done anything wrong. What can I do?
Sara (Debt Camel) says
ok have you checked the Equifax statutory credit report? https://www.equifax.co.uk/Products/credit/statutory-report
Geoff says
Yes. The statuatory report shows the history with the two default dates. I sent the statuatory report to the FCO highlighting the two default dates. They acknowledged the two dates but still concluded no fault.
Sara (Debt Camel) says
OK and this FOS (not FCO – I am sorry to be picky but when you don’t have an easy case to argue it really helps to accurate and clear about names) case is now with an Ombudsman for a final decision? Or is it still with the adjudicator/investigator?
Geoff Callaway says
Appreciate your support. So I complained to the FOS and the investigator, Mr N Cochran, reviewed it. His findings didn’t align with the facts and ignored the credit history from Equifax even though a full copy was provided and did not uphold my complaint. I have escalated the complaint to the Ombudsman with additional information awaiting a final decision. I am happy to show you all documentation if anything needs clarification
Sara (Debt Camel) says
Have you checked how Barclaycard are reporting the default on Experian and TransUnion?
Geoff Callaway says
Barclaycard are reporting Nov 2021 for the other agencies. It is only Equifax. It is only the credit history. I believe Barclaycard initially incorrectly reported it to Equifax which was recorded and then they corrected it but the history has not been corrected. I want the history corrected but can’t get anyone to acknowledge the history is wrong and correct it.
Sara (Debt Camel) says
OK then I suggest you write a short note and ask your investigator to make sure the ombudsman sees it. In it say:
– there now doesn’t seem to be any dispute that Barclaycard should be reporting the default as November 2021 to Equifax, which is how they are reporting it to Experian and TransUnion
– this error is harming you because when a debt is reported by a lender and by the debt purchaser, only one of the defaults is counted for credit scoring as it is only one debt. But at the moment because the default dates differ, it looks like 2 different debts so your credit record is harmed
– you don’t know whether Barclaycard are currently reporting this wrongly or whether Equifax are not processing the current report from Barclaycard correctly, but it is unreasonable that you should be harmed because of this
– suggest that two possible ways to resolve this are (1) for Barclaycard to delete the record completely, leaving the PRA report remaining or (20 for Equifax to “suppress” reporting of the Barclaycard debt as it is incorrect.
– say you do not mind what happens providing the problem is resolved.
[use the word “suppress” – see https://debtcamel.co.uk/correct-credit-records-lender-administration/ for another situation where this happens.)
Geoff Callaway says
Thank you for your advice. I will get this done
Sam says
Hi Sara,
I complained to Barclaycard a while ago that they should not have sold my debt on to PRA group due to mental health issues they were aware of. Barclaycard after speaking to me admitted they never should have sold it, they refused to waive the debt but said they’d buy it back from PRA. When Barclaycard sold the debt to PRA they marked my default with them as satisfied and PRA set up a new one.
PRA group contacted me 6mths ago to say the debt had gone back to Barclaycard, they removed the default they had registered presumably so Barclaycard would start reporting it again.
After 6mths I haven’t heard a thing from Barclaycard, I have made no payments and heard nothing to say the debt is back with them. The default they marked as settled when they sold it to PRA is still there and still showing as settled but in reality it isn’t as I still owe almost £1k (default is due to drop off in about 6 months).
It’s almost as if the debt has been completely forgotten about by Barclaycard after they bought the debt back from PRA. What I am wondering is is it worth contacting Barclaycard in order to make some repayments on it OR do I just leave it and hope that it has been lost somewhere and I won’t ever hear from them again? I can afford to do a F&F on it at the moment but in my mind I am thinking what is the point if there’s a chance the debt has been forgotten about?
Sara (Debt Camel) says
What did you want to happen when you complained to Barclaycard? If you wanted to make a F&F it would have been better to make the offer to PRA.
When did you last make a payment to this?
Sam says
PRA wouldn’t entertain a F&F at all.
I last paid to it about 8 months ago
Mandy says
Hi i am wondering if anyone can help i had a letter off lowell about a debt I last paid in 2018 on my credit file states 2019. I am just stuck as to what to do next I sent a template status barred letter but they got back and said I last paid 2023 so not status barred.. Any idea what to do next please
Sara (Debt Camel) says
did you make a payment in 2023?
what sort of debt was this?
Mandy says
Hi No I didn’t make a payment in 2023 last payment was 2018 it was a credit card
Sara (Debt Camel) says
Well you can dispute that you ever made a payment in 2023. But I am not sure whether this debt was statute barred by the time you told them it was… talk to National Debtline on 0808 808 4000 and see what they say
Mandy says
Thank you so much I will do that
Lukas says
Hi Sarah – i need your help, I contacted local council regarding debt from 2014-15 this is their respond:
Please let me know what I can do and bailiffs coming to my home and asking me to pay something that I don’t even remember.. I told them that this debt is statute barred and this is their respond:
——-
On the matter of statute barred debts; Council Tax can be statute barred after 6 years if the local authority doesn’t issue a Summons before the end of 6 years from the date of issue of the demand notice.
As the Summonses for this debt were issued 11.02.2015 for the demand notice dated 13.11.2014 and 03.06.2015 for the demand notice dated 20.03.2015, respectively, the debts are collectable and are not statute barred.
With regard to providing a copy of the LIability Order Notice, the Authority is not required to provide a copy. A notice was issued following each court hearing for your records as required.
Neither notice was returned undelivered and therefore they are deemed to have been delivered.
The court hearings are a matter of public record which you can confirm independently if required.
The debt remains outstanding and I would request that you contact Excel Limited to arrange repayment at your earliest convenience.
Sara (Debt Camel) says
Council tax debts do not become statute barred after a liability order has been issued.
I suggest you talk urgently to a debt adviser about this. If you cant get an appointment quickly with your local Citizens Advice, I suggest you talk to National Debtline on 0808 808 4000
Sophia says
Hi, can I get some advice regarding a debt with link financial please? The amount owed is between £7-£8k. Haven’t made a payment at all since the default in 2021, received a letter today saying that they’ll be sending someone to visit me at home in the next 7 days. What steps do I take please? Original lender was Halifax, stopped paying due to financial situation changing because of COVID and relationship breakdown with daughters dad. Still only working part time, have no assets (live in rented accommodation) and about £600 in savings which I doubt very much would be accepted as settlement? Do I need to request CCA? I’ve had absolutely 0 communication with them to acknowledge the debt (buried my head in the sand)
Debt originally a loan with halifax
Sara (Debt Camel) says
Is your only problem debt? Are there others you are still paying?
D says
Hello,
Thank you for your help with a successful overdraft affordability claim. I highly recommend this website.
I have a question about a debt I have that has been sold though.
A CCJ was issued for a partial sum of my total debt owed. I paid this off in monthly instalments. While I was doing this, the owners of my debt paused any letters or emails.
After paying the court ordered sum I received an email from the solicitor stating that a warrant of control had now been requested and granted and that the balance of my debt had increased to reflect these new costs and that a bailiff will be attending. This increase negates almost half of what I have paid back and felt like real progress.
Is this fair and legal considering the fact that the CCJ did not request the full amount to begin with?
Many thanks
Sara (Debt Camel) says
Why was the CCJ for a partial amount? What sort of debt was this?
D says
Honestly I don’t know and without any knowledge of these processes I didn’t question.
I am better at facing these things now though, and this is why I am asking as I am going to contact the solicitor for the first time shortly, and this seems a very logical thing to question in the effort of having them remove this increase from the balance of my debt.
It is an old klarna debt currently held by lowell.
Sara (Debt Camel) says
Unless the debt in question was over 10k, you will be charged by a solicitor. (Over 10k a no win no fee arrangement may be possible)
I suggest instead you talk to National Debtline on 0808 808 4000. Or Business Debtline if this debt relates to your business. https://businessdebtline.org/. Both free.
D says
Ok, thank you very much for your help…sorry for the double response, your reply and mine were not showing in my browser. Really appreciate it.
Sarah says
Hi Sara
I’m looking for advice on a debt matter
I’m unsure where I stand or if you can offer advice I’m hoping you can point me in the right direction if not.
So to start
Sara (Debt Camel) says
What sort of matter?
sarah Harrison says
I made an order for a pay monthly carpet with a company called pay as you go carpets.
26th July 2024
They came measured up and they asked for a deposit which I paid via card of 120.00.
There was then a direct debit set up for £80.00 on 28th of each month for a balance of £490.
Starting August 2024
Arrangements where made for the carpet to be laid on the 28th August 2024.
After numerous telephone calls the fitters turned up carpet laid.
16th June 2024 carpet was laid
20th June 2024
Email from go card less for 2 separate amounts of £80.00
I contacted them to ask why there was 2 direct debits and they replied saying that it was a mistake and they would cancel and it would be sorted.
20th July 2024
Again two emails from go card less for to separate £80.00.
I tried ringing no answer so I messaged asking why.
Again replied its a mistake and it will be sorted.
During this time my mum died and my finances changed. I contacted them saying I wasn’t able to make payment.
They said they would put a hold on the account and that I should contact them in a month’s time to discuss the situation.
I tried numerous times to make contact via email and fb messenger.
sarah Harrison says
I received a hand delivered letter from the company January saying that they were going to apply the court litigation team to get an order to recover the goods. Then if I wish to stop this to ring with the number.
I rang no answer at the same time I seeked debt advice with step change and entered into breathing space. I forwarded this to them.
They said they weren’t on this and are continuing with the court litigation action
Step change asked for account details which I asked for numerous occasions no response
I contacted financial ombudsman due to step change saying they can’t do anything until they have account details.
They got back to me saying they will asign a case handler.
I’ve emailed pay as you go carpets with this email and I’ve had I reply and phone call. They said I can’t complain to the ombudsman or step change as they aren’t willing to accept any token payment. They can recover the goods and basically bullied me into setting up a payment.
My question is are they right in I can’t complain as I am willing to pay and that has never been the case their lack of communication and bullying tactic have now become the issue
Sara (Debt Camel) says
The credit agreement you signed. was it a HP agreement?
sarah Harrison says
Hi no just a buy now pay later? Agreement
The carpet was laid I paid 121.00
Deposit then the rest was to be paid off monthly at 80.00 a month. Balance was £480
Thanks Sarah
Sara (Debt Camel) says
Then I don’t think they can recover the goods – I suggest you talk to National Debtline on 0808 808 4000