Getting myself out of debt

[Dottir]

If a DN is needed then they would need to produce one in order to win in court. I believe that now unfortunately, after the appeal court ruled a reconstituted version would suffice and the supreme court refused leave to appeal. https://www.lpc-law.co.uk/news/case-...-ewca-civ-957/

I am not an expert and think there may be some kind of debts where a DN is not needed, for example a loan that has reached its contractual end date- but as I said, I am not an expert.

[debrag]

Do DCA's need to have a copy of the default notice or just the original creditor?

[Dottir]

I have been following DC for a while now. I do not agree with everything she says for example 'you borrowed it so repay it' but she does argue well about affordability complaints i.e. my records show I could not possibly afford it so you should never have lent it to me.

[debrag]

This might be of interest

https://debtcamel.co.uk/safetynet-ta...n-off/#respond

Thank you. I was thinking that being with CRS was going to be an issues. Will look more into getting that email sent then 'suppression', I don't see IML doing anything at this stage.

[Dottir]

This might be of interest

https://debtcamel.co.uk/safetynet-ta...n-off/#respond

[debrag]

According to your history, the last time you made a payment was Sept 2019. What is the default date on your credit file?
EDIT - just found it - 30th June 2023.

Copied from my recent post on another thread -

It seems that the general guidance is that a default should be recorded after an account has been in arrears for at least three, and up to six months. See here (section 4) -
https://secureservercdn.net/160.153....n-2a-final.pdf

Some hints on what you can do if a default looks wrong here -
https://www.experian.co.uk/consumer/.../defaults.html

I think you have a prima facie case to challenge the default date.


Further EDIT: Did you know that SafetyNet went into administration around a year ago?
Further info here - https://imladmin.co.uk/

See also - https://ico.org.uk/for-the-public/credit#file

"What should I do if my credit file is inaccurate?

If your credit file is inaccurate, you can raise your complaints with the relevant CRA you obtained your file from. However, the problem may lie with the original lender or organisation that supplied the CRA with the information so you will need to contact them instead.

If you have contacted the CRA and the original lender and there is an obvious inaccuracy which they are unwilling to correct then you may wish to make a complaint to the ICO. Please note that it's not our role to decide on financial disputes.

Who is responsible for the information on my credit file?

It is easy to see why people assume the CRAs are responsible for all the information that appears on their credit file. However, in reality, the lenders and telecoms and utility companies who passed the information to the CRA in the first place also have responsibilities for the information that appears on your credit file.

As a general rule, if the entry you are looking at has the name of a company on it, it’s likely to be that company who is responsible for that entry. The CRAs cannot amend this data without the permission of that company.

Having said this, we still expect the CRAs to take reasonable measures to ensure the information that is reported by lenders via their credit files is accurate.

The information that is generated by the CRAs and for which they are responsible, includes financial links, linked addresses and alias information."

The lender being in administration will likely complicate getting the default date amended.

Yes I know they have gone into administration, it's been talked about on here many times. I was just wandering with CRS chasing the debt if that would change things?

Didn't think there would be an hope of a default date change but I suppose a settled default is better than nothing.

[Still Waving]

So I now know why CRS have been hounding me. Received an email today from Indigo Michael saying:




CRS don't own the debt and it is still under SafetyNet on my credit file. So am I looking at a partially settled default from around May/June time or will CRS continue to chase and claim it's still owed?

I'm going to assume I've no chance of them correcting the default date though lol

According to your history, the last time you made a payment was Sept 2019. What is the default date on your credit file?
EDIT - just found it - 30th June 2023.

Copied from my recent post on another thread -

It seems that the general guidance is that a default should be recorded after an account has been in arrears for at least three, and up to six months. See here (section 4) -
https://secureservercdn.net/160.153....n-2a-final.pdf

Some hints on what you can do if a default looks wrong here -
https://www.experian.co.uk/consumer/.../defaults.html

I think you have a prima facie case to challenge the default date.


Further EDIT: Did you know that SafetyNet went into administration around a year ago?
Further info here - https://imladmin.co.uk/

See also - https://ico.org.uk/for-the-public/credit#file

"What should I do if my credit file is inaccurate?

If your credit file is inaccurate, you can raise your complaints with the relevant CRA you obtained your file from. However, the problem may lie with the original lender or organisation that supplied the CRA with the information so you will need to contact them instead.

If you have contacted the CRA and the original lender and there is an obvious inaccuracy which they are unwilling to correct then you may wish to make a complaint to the ICO. Please note that it's not our role to decide on financial disputes.

Who is responsible for the information on my credit file?

It is easy to see why people assume the CRAs are responsible for all the information that appears on their credit file. However, in reality, the lenders and telecoms and utility companies who passed the information to the CRA in the first place also have responsibilities for the information that appears on your credit file.

As a general rule, if the entry you are looking at has the name of a company on it, it’s likely to be that company who is responsible for that entry. The CRAs cannot amend this data without the permission of that company.

Having said this, we still expect the CRAs to take reasonable measures to ensure the information that is reported by lenders via their credit files is accurate.

The information that is generated by the CRAs and for which they are responsible, includes financial links, linked addresses and alias information."

The lender being in administration will likely complicate getting the default date amended.

[debrag]

Debt: SafetyNet Credit

Opened:	October 2017
Type:	OD style loan
Current Balance:	£1214
Last payment:	September 2019
Last fill payment:	September 2019
Arrangement:	None
Status:	Arrears/Dormant October 2019

2020
November - installment reminder/hold email received
November - affordable arrangement email received

2021
February - arrangement set up email received
February - installment reminder email received
February - affordable arrangement email received
May - set up plan email received x 3
May - NOSIA notice of sums of arrears email received

2022
April - affordable arrangement email received
July - cost of living/help email received
July - affordable arrangement email received
August - monthly statement email received
August - please log onto your dashboard email received
September - monthly statement email received
October - monthly statement email received
October - NOSIA notice of sums of arrears email received
November - monthly statement email received
December - monthly statement email received

2023
January - monthly statement email received
January - administration email received
February - monthly statement email received
March - monthly statement email received
April - monthly statement email received
May - monthly statement email received
May - Arrears letter + email arrived
June - email & text to tell me to set up a payment plan - account now on hold for 14 days.
July - statement email
July - email to tell me fro 4th august phone line and live chat will stop working.
August - statement email
September - statement email
October - recovery instruction letter received by email from Credit Resource Solutions ltd.
December - 25% discount offer email. will ignore

2024
January - last personal message from CRS
February/March - phone calls from a CRS, not answered
March - email from iml admin

So I now know why CRS have been hounding me. Received an email today from Indigo Michael saying:

We are writing to let you know that collections for outstanding SafetyNet and Tappily loans will cease after 9th April 2024. No scheduled payments will be attempted and any Standing Orders will bounce and should be cancelled. If you still have an outstanding balance at this point, this will be marked as partially settled on your credit file to reflect that you did not fully repay your loan..

CRS don't own the debt and it is still under SafetyNet on my credit file. So am I looking at a partially settled default from around May/June time or will CRS continue to chase and claim it's still owed?

I'm going to assume I've no chance of them correcting the default date though lol

[Pat]

Now received a 25% discount offer, they can go and jump.

As this debt has a completely wrong default date, how do I clean up my file once it has become SB (if it does). Should I just leave it alone til the default date they have? I of course don't want to acknowledge the debt at any point. I have 2 years left or 5+ years according to them. Is SB from default date or last payment/acknowledgement?

I think you need to remember that a Default date reported to a CRA is not the same as a S87 (1) DN. They can report it to the CRA long before (or after) they send the official default notice. Therefore the date on the CRA should not be used for the Limitations Act calculations

Roger is correct that 6 years from the date the CRA has recorded as the default date it should disappear from your file

[Roger]

I assume its being reported with the CRA's in which case there is a 6 year limit on there reporting!
Seems the intent is cause you as much Credit damage as they can! But a picture does emerge of a CLOSED Account sic 25% offer plus those NOSIA by EMAIL?
The CCA 74 is to my understanding still a Snail Mail Act old Cases allowed for time in the Post for delivering and recieving Statutary Notices.


A Default Notice threatens to close an Account UNLESS arrears are paid!
But if the Account has already been closed and without prior issuing a Default Notice well my understanding is they can't remedy this.

Just continue to ignore and have no correspondence with them

[debrag]

Debt: SafetyNet Credit

Opened:	October 2017
Type:	OD style loan
Current Balance:	£1214
Last payment:	September 2019
Last fill payment:	September 2019
Arrangement:	None
Status:	Arrears/Dormant October 2019

2020
November - installment reminder/hold email received
November - affordable arrangement email received

2021
February - arrangement set up email received
February - installment reminder email received
February - affordable arrangement email received
May - set up plan email received x 3
May - NOSIA notice of sums of arrears email received

2022
April - affordable arrangement email received
July - cost of living/help email received
July - affordable arrangement email received
August - monthly statement email received
August - please log onto your dashboard email received
September - monthly statement email received
October - monthly statement email received
October - NOSIA notice of sums of arrears email received
November - monthly statement email received
December - monthly statement email received

2023
January - monthly statement email received
January - administration email received
February - monthly statement email received
March - monthly statement email received
April - monthly statement email received
May - monthly statement email received
May - Arrears letter + email arrived
June - email & text to tell me to set up a payment plan - account now on hold for 14 days.
July - statement email
July - email to tell me fro 4th august phone line and live chat will stop working.
August - statement email
September - statement email
October - recovery instruction letter received by email from Credit Resource Solutions ltd.
December - 25% discount offer email. will ignore

Now received a 25% discount offer, they can go and jump.

As this debt has a completely wrong default date, how do I clean up my file once it has become SB (if it does). Should I just leave it alone til the default date they have? I of course don't want to acknowledge the debt at any point. I have 2 years left or 5+ years according to them. Is SB from default date or last payment/acknowledgement?

[debrag]

I knew the answer was yes lol I don't know why i even asked.

[Pat]

Will doing the affordability complaint show I've acknowledged the debt?

If you think about it, hey lender, that money you lent me, you shouldn’t have because it was unaffordable.

I know that sounds a tad sarcastic, not intended to be. Pretty certain it acknowledges the debt especially if you put it in writing.

[Roger]

Will doing the affordability complaint show I've acknowledged the debt?

Well, yes.

With Statute Bar it best to be a pessimist! Worse Date and then SILENCE let the months/years roll on

[Still Waving]

Will doing the affordability complaint show I've acknowledged the debt?

Well, yes.