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Posted

I would have thought that the burden is on THEM to prove that you owe the money and NOT on you to prove that you don't.

Ask then to show you their evidence mate.

Posted

Steve,

Experian and Equifax (credit ref agencies) will give you certain information and only hold some details on file. We use them at my Bank before allowing folks to have a credit card. However, you should bear this in mind (from Equifax):

There are some misconceptions about the information held on individuals. Personal information, such as details about current accounts is one such misconception - this information does not appear on your credit file. The following are also NOT part of your credit file.

Current Account details

Saving account details

Employment records

Student loan information

Pension details

Salary details

Property status

Credit rating/score

Council tax payments

Criminal records

Child support agency information

The information on your credit file will include electoral roll information from local authorities and details on your existing and previous credit agreements from UK lenders (called Insight information by Equifax). In addition, where applicable, County Court Judgments and bankruptcy details will be shown.

Electoral roll information is used by lenders to verify the name and address you have provided on your credit application and to help distinguish you from other members of your family with the same surname.

Information such as County Court Judgments, Scottish Decrees, Northern Ireland Enforcements and Bankruptcies are used to provide an indication of an applicant's previous financial history.

Payment history information shows a record of your financial agreements (called Insight information by Equifax), such as credit card and loan repayments, and is supplied by our customers (banks, building societies, retailers, etc). Your credit report will show details of your existing and previous credit agreements. It is used to help support responsible lending decisions.

The different types of information will be held on your credit file as detailed below:

Searches - Equifax keeps this data on your credit file for 1 year

County Court Judgments/Court Decrees - 6 Years after Judgment

Home Repossession Register - 6 Years after repossession notification

Gone Away Information - 6 Years after first notification

Notice Of Dispute - Stays until you ask for it to be taken off, or the dispute is resolved

Notice Of Disassociation - Until such time as there is contradictory evidence or you request to have it taken off.

Individual Voluntary Arrangement - 6 Years

Bankruptcy - 6 Years

Administration Orders - 6 Years

Payment Performance - 6 Years after the lender has closed the account.

The letter may or may not be true. It is an awfully long time since you had the debt, and as they haven't chased you for some time, then seems dodgy. None the less, read through the above, and have a good think.

Feel free to ask any further questions - if I can help, I will.

Posted

I absolutely agree- If they cannot even tell you what you owe them money for, and where their records are from, then how are you to believe them? Keep a record of their correspondence, and ask them to send written evidence of why you owe them money, and keep a record of all letters you send to them (registered post may be a good idea). I would go to CAB or to a solicitors firm and get professional advice if this is really distressing you. Incidentally, where did you get the phone number from to call them? From the letter they sent you or from the website?


Posted
I absolutely agree- If they cannot even tell you what you owe them money for, and where their records are from, then how are you to believe them?  Keep a record of their correspondence, and ask them to send written evidence of why you owe them money, and keep a record of all letters you send to them (registered post may be a good idea).  I would go to CAB or to a solicitors firm and get professional advice if this is really distressing you.  Incidentally, where did you get the phone number from to call them? From the letter they sent you or from the website?

The number was on the letter.. although the phone number is in a different colour ink. But this may be done on purpose for different departments.

They did state where the so called debt was from and the account number of the debt. I got in store credit one xmas and I know i paid them. But the receipts i do have do not prove it was paying that actual loan.. So that is no solid proof.

She went on and said "did you not save the receipts"... I said "do you keep your receipts for 8 years?"

If the CAB turns round to me and tell me that I dont have no leg to stand on then those idiots will get £1 a month standing order. Let them struggle for their money.. but i tell you there is no way I am paying anything until the last moment.. thats just admitting the debt

8 years I find very hard to remember anything apart from really weird times with women and booze! :winky:

Thanks to everyone for your help.

Posted
I absolutely agree- If they cannot even tell you what you owe them money for, and where their records are from, then how are you to believe them?  Keep a record of their correspondence, and ask them to send written evidence of why you owe them money, and keep a record of all letters you send to them (registered post may be a good idea).  I would go to CAB or to a solicitors firm and get professional advice if this is really distressing you.  Incidentally, where did you get the phone number from to call them? From the letter they sent you or from the website?

The number was on the letter.. although the phone number is in a different colour ink. But this may be done on purpose for different departments.

They did state where the so called debt was from and the account number of the debt. I got in store credit one xmas and I know i paid them. But the receipts i do have do not prove it was paying that actual loan.. So that is no solid proof.

She went on and said "did you not save the receipts"... I said "do you keep your receipts for 8 years?"

If the CAB turns round to me and tell me that I dont have no leg to stand on then those idiots will get £1 a month standing order. Let them struggle for their money.. but i tell you there is no way I am paying anything until the last moment.. thats just admitting the debt

8 years I find very hard to remember anything apart from really weird times with women and booze! :winky:

Thanks to everyone for your help.

They still sound retarded to me, coming after you after so many years. I don't think they really have a leg to stand on given the circumstances. Good luck with it all mate, hope it gets sorted profitably.

Posted

I started thinking

If this was the case that means any company could come after me claiming i owe money.

Surely a copy of the signed agreement would be needed?

Posted
I started thinking

If this was the case that means any company could come after me claiming i owe money.

Surely a copy of the signed agreement would be needed?

Well usually some form of contractual evidence is needed- signed credit agreement etc. It just seems that they really don't have much proof of the outstanding debt. And I think that is their biggest weakness if it ever came down to a legal battle. It's like me phoning someone up and saying they owe me 2 million quid, but i lost the piece of paper which they signed to prove it. Sounds like utter crap to me!

Posted

Does anyone in chester know this road??

The Grange

1 Hoole Road

Chester

UK CH2 3NQ

Is it a house or a office??

Posted

I'm in dispute with a forwarding company....

when prolex started my first shipment came in and i had to send of a load of cash for them to process & deliver it.........this I did (by cheque)..........goods came no problem.........cheque cleared.........that was June............in Sept got a invoice through for same amount.....called them............did not know what i was on about....asked me to fax invoice off............this I did............heard nothing........last week got a pre court letter ! going through same process again.................worrying thing is they can get a CCJ against you without you appearing at the County court :sick:

Posted
letting agents are based at 1b hoole road, chester mate and there are a lot of hotels on the same road. so it seems to be a fairly commercial road, but number could be a flat or something, you'd think it would be 1a tho really?

Posted

Steve - if you use postcode to search on Google you get business type properties ( estate agents, curry house etc. ).

Above the premises is

Northwood Chester,

1b Hoole Road,

Chester,

CH2 3NQ.

Tel: 01244 320999

Fax: 01244 320909

E-mail: Chester@NorthwoodUK.com

Might be worth a call with a 141 in front and ask them afew questions about downstairs ;)

Good luck anyway ...

Posted

I just had a thought- you mentioned the phone number was taken from the letter- may be an idea to call up the head office mentioned on their website and try and track it down to see if they actually have staff by that name or that telephone listed under their company.

Posted

They seem to have two addresses in Chester, they are an international company with offices in many companies so it seems a bit strange. Not a back street in N*****a type place. Have you tries contactinf the high street company to see if they still think you owe the money, or if it was not in-store finance the finance company themselves?

Posted

shes trying it on with you.

their a pack of liars and i wouldnt trust them as far as i could throw them.

take them all the way to court and let them show the proof that you havent paid.

Posted
shes trying it on with you.

their a pack of liars and i wouldnt trust them as far as i could throw them.

take them all the way to court and let them show the proof that you havent paid.

have you heard of them?? :unsure:

Posted

Calm down, don't worry about it. CCJs cannot be applied like clicking your fingers anyway. Im in the process of filing for a CCJ against a former employer of mine who dismissed me unfairly and its not as easy as you think.

I have to prove I won my employment tribunal, thus meaning "Evidence", no probs, i've got the court hearing and final written decision. All im trying to say, is that they need proof and as of such not passing this onto you will be unfair. Let them call your bluff.

For £300 or their abouts, I don't think they would bother!! Bollox to them!!!

Posted

no i havent heard of them but i know the type believe me ive dealt with enoough of them .

if their above board and proffesional they will be more than happy to provide all the documentary evidence for you, what they want to do is exactly what the police do. they want to show that the evidence is overwhelming and that you have no other choice than to pay the debt before they need to take legal action against you.

it costs thousands for the police to bring court proceedings against someone but if they admit the offence early it costs far less and its easier to deal with.

the same applies here. it will take time and money for them to take you to court, in excess of the debt owed probably.

so like i said if they want you to pay up then will have to give you the overwhelming proof so you dont have a choice but to pay, until then sit tight

Posted
I think that a creditor has 6 years in which to start proceedings to recover a debt.

Try the CAB...

Seems a scam to me

Coming from a person who is studying LLB Hons in Law, Mr Prolex is absolutely right.

Any creditor has a legal period of 6 years to make you appear physically in court to answer any debt claims. If they do not manage to do this within the 6 year period then the forfeit their right to the debt LEGALLY!!!!

Tell them to F :tsktsk: off!!!!!

Posted

Steve,

Firstly before anyone would involve the court civil or otherwise, I think they must be pretty dam sure they would win it.

Secondly, if they haven't given you sufficient information as to how the debt came about, then how on earth can they expect anyone to find proof of payment?

Thirdly if they were to take you to court that means they would have to and explain to the court that you owe money? Think about it. If they can’t tell you, then how are they going to explain it to the court? If they do manage to explain to the court that you have had an outstanding debt for so long but they didn't tell you how the debt came about, don’t you think that this just a little unfair? In other words how can you prove you paid a debt that you are unaware of?

Posted

I guess it is not illegal to request money like this though?? or is it?

Posted

Will go to CAb on monday

I have seeked some advice from a lawyer but it was quick advice as it was a freebie.

True about the 6 years.. Lawyer asked me to get them to send a statement to me. reckons they are trying it on too.

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