New DCA?

[alangee]

Just received an NoA from JC International Acquisition LLC/Circuit Financial Solutions regarding a Monument debt. Completely unenforceable of course, but just wondering if anybody has had dealings with these people before?

Alan

[Never-In-Doubt]

Re: New DCA?

Just received an NoA from JC International Acquisition LLC/Circuit Financial Solutions regarding a Monument debt. Completely unenforceable of course, but just wondering if anybody has had dealings with these people before?

Alan

Nope but the fact that it's Monument says it all

Wait and see what they say next.....

[alangee]

Re: New DCA?

One issue that may come up with this, is that I had an arrangement to pay when it was with Barclays, but stopped paying shortly after it was assigned to Raphaels Bank/Compucredit, because I found it was UE.

However, this account has never been given a default marker with any of the CRA's, and I have never been sent a default notice. It has always been marked as an arrangement to pay - even though I wasn't paying anything. The original arrangement was made back in 2005 - what if JCIA try to default me now?

Alan

[Never-In-Doubt]

Re: New DCA?

Well the thing is, they can default you at any point but if they haven't then I doubt they will now. When did you stop paying, roughly?

[alangee]

Re: New DCA?

Three or four years ago.

Isn't there something about being in a worse position if you had an arrangement rather than a default? I seem to remember something in ICO literature, I must look it up - just in case.

Alan

[Never-In-Doubt]

Re: New DCA?

Yea you're right cos in essence the late payments (or in your case the AP) will remain for a 6yr rolling period so lets assume that you DID default on 1st jan 2007; by 1st Feb 2013 your credit file will be clear.

However with the AP's, lets assume it stays like this all the time from 2007 - 2013 well after the 6yrs, the AP's stay for another 6yr rolling period so in essence the AP's will be seen by anyone searching you and they'll be visible until 2019 if you see my point?

The only way to avoid it is to stop paying and get defaulted, as they've not defaulted you unfortunately you're kinda fucked, sorry to be so blunt!

Not much you can do as they are under no obligation to default, although OFT Guidelines state they should do it within 1-3 months, they haven't and unless you want a fight with the risk of pulling it out of SB there aint much you can do....

[alangee]

Re: New DCA?

Thanks, Niddy

So if JCIA decide to default me in the near future, then I would have a case with the ICO to have the default backdated. Do you agree?

Alan

[Never-In-Doubt]

Re: New DCA?

Thanks, Niddy

So if JCIA decide to default me in the near future, then I would have a case with the ICO to have the default backdated. Do you agree?

Alan

No mate, you would have no leg to stand on as they can default you at any time, it's only "guidelines" that they should do it within 3-6 months.

However yea, if they say default you on year 5 month 10 then you'd have a good argument to the ICO and FOS that they're abusing the system and should have defaulted you 5 odd years ago but at this stage, they have done nothing wrong, but for the same respect they have done little right.

Basically the rules regards issuing defaults within 3-6 months is from 2010 and not retrospective.

[alangee]

Re: New DCA?

I actually defaulted on the agreement prior to making an arrangement, in August/September 2005.

Alan

[Never-In-Doubt]

Re: New DCA?

I actually defaulted on the agreement prior to making an arrangement, in August/September 2005.

Alan

ahh forget the default of the agreement as being linked to the CRA default - they are totally separate.

I don't agree with the system, I am just telling you how the system works and you really don't wanna be confusing a CRA default with the actual s.87/s.88 default.

They should update CRA's within 3-6 months of the account being in default, that means defaulted with the creditor however if a lender sells it to a DCA after say month 4 and the dca decide to accept your £1 per month offer or whatever the DCA may decide NOT to mark the CRA with a default but with AP even though the actual account has defaulted at that point. The only exception to this is when they formally default you (or the account) via s.87 & s.88 then the default date on the s.87 must match the default date on the CRA or you can ask for it to be amended.

Yes the ICO can tell the lender/dca to fix the data but they will not, statistics show they tend to sway toward the banks point of view.

Thus I did say at the end of the 6yr period we can utilise the ICO & FOS at the same time, so don't worry for now - we'll come back to it as and when the time arises. There is things we can do, but it's not guaranteed - basically you're reliant on an already shitty system.

[Never-In-Doubt]

Re: New DCA?

Have a read here, tried explaining similar earlier ---> This is snudgerchops fault. - Page 2 - allaboutFORUMS

That tells you that when they add a [D] to the CRA data it HAS to match the actual default date or you can request removal however if they have never defaulted you then they will usually leave it as [S] or [Zzzz] or even as [AP] if this was the last option before you stopped paying.

Make sense...... It must be dodgy Default day today

[alangee]

Re: New DCA?

As you say, Niddy, it is all if's, but's and maybe's, so I will wait and see what comes from JCIA.

Alan

[Never-In-Doubt]

Re: New DCA?

Here you go - see the attached document for full details!

[alangee]

Re: New DCA?

I was looking through that technical guide on defaults and at section 21 - an arrangement to pay, on page 11, the point is made that:

"If a customer fails to return to contractual payments after an ‘arrangement to pay’ has expired, then the lender can file a default immediately, as long as this would not place the customer in a worse position than they would have been in, had they not made the arrangement." (my emphasis)

I do not know if this has been added to the updated version of the technical guide, or whether it has always been there, but possibly a point to emphasise, should a default marker be placed.

It also states at section 24 - Low repayment levels:

"If the payment set out in the DMP is at a level that represents only a token sum in repayment, because that is all the customer can afford, the account should be recorded as a default."

- my DMP was actually CAB, but it was a token sum. So on that point, it would appear that Monument should have defaulted me anyway, and marked the default with an arrangement to pay.

Alan