Letter confirming no cca or default could be found ????

[kewns]

I need help ?? The creditor sent me letter back saying it could not provided the cca agreement or default notice and as such closed the account and no longer
pursue the existing debt. I thought great but they said nothing about the default so I sent them a letter to ask about removal of the default notice from my account as they could not provided the relevant documents. They have sent me a letter saying:

The fact that the documentation is not available in this case is a separate issue to that of the registration of the default. Aktiv kapital has an obligation as data controllers to provide this information to the credit reference agencies. As this is a legitimately defaulted account it is reported as such.

And they go on to say that they our satisfied with default as it’s a true reflection of the account in question and therefore cannot agree to remove it????


So can anyone help me with this matter please??? Am not too sure what to do next really
Any help I will be most grateful.


Kindest Regards,

Stephen

[kewns]

can you put this one with my other thead please ???

Hello,

I have 3 outstanding defaults on my credit file,
which i mantain low monthly payments for though cccs,
i have recently done a credit search thought both companys experian and eqailfax and they both have the above debts but eqilfax have two other debts which i do not kno0w about and have not been paying them,

one being a carphone warehouse contract taken out in 2002 and everything single month is red with 4 payments missed up untill the last two months of may 2005 were it says the account defaulted? Is this legal right as this account should of been defaulted back in 2002 and i have never had a contract from carphone warehouse in my life. i have contact eqauilfax about this and am waiting a reply on that matter.

the other debt is an old 3g contract from years ago 2004 and i spoke with roxbrough today and ask them for confirmation of debt as i do not recall it and how much was outstanding, they told me £328.46 with the charges as on my credit file it says £194, they wanted me to pay 224 there and then and would remove the it from my file < which i know they cant do >

they also said to me that as of 10/1/2011 the debt would be over the 6 years and as i have accpted the debt by phone call- they would need some can of payment fast or they would have to take court action due to it being close to time frame to being sate barred or soming along the lines

my qestion on this debt should i leave it or should i right to them aking them to prove the debt was and is mine ????



also final qestions i have capital one cards and vanquis cards which i keep up to date and pay them perfectly like £60 a week but at least 40% off that is going to them in intrest now i would like a better credit card but i cant get one

if i pay these debts off and marked them as satified would that help me in getting a better rated card so i can shift my debt ?? or should i just wait for them all to drop over which will be july 2012 the last one ??


Thank you for your time and any help with these matters,

ps i have started my offers to of the creditors at 10% i know it get rejected but just waiting to what they will come back with them knowing time is running out !!!

stephen

[Never-In-Doubt]

Re: can you put this one with my other thead please ???

Hello,

I have 3 outstanding defaults on my credit file,
which i mantain low monthly payments for though cccs,
i have recently done a credit search thought both companys experian and eqailfax and they both have the above debts but eqilfax have two other debts which i do not kno0w about and have not been paying them,

Hiya & welcome ya

one being a carphone warehouse contract taken out in 2002 and everything single month is red with 4 payments missed up untill the last two months of may 2005 were it says the account defaulted? Is this legal right as this account should of been defaulted back in 2002 and i have never had a contract from carphone warehouse in my life. i have contact eqauilfax about this and am waiting a reply on that matter.

The term legal does not come into things, this is consumer related meaning the correct term is lawful

However, a default *should* be placed within 6 months of the account being defaulted, which in layman is one full payment late. So if you stopped paying in January, by July the account should be defaulted. In theory, most lenders do this - others, especially in the case where you've "gone away" (i.e. moved or ignored letters) will leave the account in a late payment status and default you at a later date - point is, in this instance the default will be gone by June so i'd save your energy fighting the CRA's as it is time consuming and tiresome, especially as removal of this default will not affect your credit file either positively or negatively whilst you have the other ones.

the other debt is an old 3g contract from years ago 2004 and i spoke with roxbrough today and ask them for confirmation of debt as i do not recall it and how much was outstanding, they told me £328.46 with the charges as on my credit file it says £194, they wanted me to pay 224 there and then and would remove the it from my file < which i know they cant do > they also said to me that as of 10/1/2011 the debt would be over the 6 years and as i have accpted the debt by phone call- they would need some can of payment fast or they would have to take court action due to it being close to time frame to being sate barred or soming along the lines..

Try and stop ringing people, there is no proof of anything should things progress so deal in writing, also the fact you verbally spoke to them DOES NOT acknowledge the account so the statute date (clock) is still valid meaning on 10.01.2011 it would be statute barred - up their arses! However, if they attempt court now, we'd defend it in plenty of time so it was still not dealt with after the Statute limitation date meaning the case would have to be dropped - don't worry about that, its a silly threat with no substance let alone form!

my qestion on this debt should i leave it or should i right to them aking them to prove the debt was and is mine ????

Ignore it, ignore roxborough - and whatever you do, stop ringing people!

also final qestions i have capital one cards and vanquis cards which i keep up to date and pay them perfectly like £60 a week but at least 40% off that is going to them in intrest now i would like a better credit card but i cant get one

wait til your defaults drop off, as long as they are there you'll struggle to get ANY credit whatsoever, you need to be patient....... If you're paying £240 per month then you must have high balances?

if i pay these debts off and marked them as satified would that help me in getting a better rated card so i can shift my debt ?? or should i just wait for them all to drop over which will be july 2012 the last one ??

If you can afford to pay them off then do it - however do not close the accounts, keep them live with a £0 balance which will help you once the defaults go - as this will show a credit history which you need, in roder to get better products. Being honest, would you lend to you right now?

3 defaults is a sign of bad management (money wise) ergo, lenders will never give you the best deals/rates....

ps i have started my offers to of the creditors at 10% i know it get rejected but just waiting to what they will come back with them knowing time is running out !!!

Sorry? What offers to what creditors? And why would you do this? Please elaborate exactly what damage you've done with this.....

Niddy gh

[Never-In-Doubt]

Re: Letter confirming no cca or defulat could be found ????

I need help ?? The creditor sent me letter back saying it could not provided the cca agreement or default notice and as such closed the account and no longer
pursue the existing debt. I thought great but they said nothing about the default so I sent them a letter to ask about removal of the default notice from my account as they could not provided the relevant documents. They have sent me a letter saying:

The fact that the documentation is not available in this case is a separate issue to that of the registration of the default. Aktiv kapital has an obligation as data controllers to provide this information to the credit reference agencies. As this is a legitimately defaulted account it is reported as such.

And they go on to say that they our satisfied with default as it’s a true reflection of the account in question and therefore cannot agree to remove it????


So can anyone help me with this matter please??? Am not too sure what to do next really
Any help I will be most grateful.


Kindest Regards,

Stephen

They are correct. After McGuffick (v RBS) a default can and will be registered if it is a true reflection of the account - really you need to be making a proper post with specific details, unless i've already answered this in my last post above....

[kewns]

Re: Letter confirming no cca or defulat could be found ????

Hello, and thank you ya ya ya ya

I am sorry I put the information the wrong way round,

What I would like to say is I would like to maybe try and pay them off, if they remove the deafults from my credit file. I just think over the last two years I have had 2 credit cards one, a university loan and the other a tmobile account. I have never misssed a paymnent on any of theses accounts the perferct, which will be perfect when they have gone lol

I just think another 2 years is a pain! As I have abeen paying the debts.

I understand that your advice is too leave them to fall off? However this would be july 2012 when they should been removed from all files.

Thanks for your help and your site is great. Also would it be possible to use some of the templates from here?


Regards,

Stephen

[Never-In-Doubt]

Re: Letter confirming no cca or defulat could be found ????

Hiya

They will not remove defaults if you make an offer - why bother? The mobile contract and uni loan will have little bearing on your credit file, you need many years history to get the best deals, credit wise.

What you describe, with 2yrs history will not get you anywhere near a grade a product. You'd struggle to get a sub-prime aqua card - sorry, but it is true.....

[kewns]

Re: Letter confirming no cca or defulat could be found ????

Cheers for your reply mate,

I see what your saying I was just looking at your f&f templates
But your advising me to not bother with the small amount of time left on debts

I thought that having 2 years good history with Capital one and Vanquis cards would be good for my file once the defaults have gone ??

Shall I carry on paying these debts ??? As am not seeing any reason too really but I surpose it stops them getting further action and it's only minmal per month that I pay them.


I like to thank you for your help and it's such a Shame there's was nothing we can do I properly just wait till 2012 then


Kindest regards,

Ste

[kewns]

Re: Letter confirming no cca or defulat could be found ????

sorry forgot tosay i got another letter from roxbrough today saying they have added £12.50 charge to the account for none payment ??

this is the debt which gets barred next years as i have never had anything to do with it,

should i just leave this letter then ??

Kindest regards

Stephen

and sorry for going on lol

[Never-In-Doubt]

Re: Letter confirming no cca or defulat could be found ????

Hiya

Ok, simple terms:

Any live accounts that you are up to date with and not in arrears - Continue to Pay these as the history will assist you long term, in getting better credit deals.

Any defaulted/arrears accounts should be ignored until the defaults drop off/statute barred date occurs

Make sense?

[Never-In-Doubt]

Re: Letter confirming no cca or defulat could be found ????

sorry forgot tosay i got another letter from roxbrough today saying they have added £12.50 charge to the account for none payment ?? This is the debt which gets SB'd next years as i have never had anything to do with it, should i just leave this letter then ??

Yep, just ignore it - they can add £10k to it, you aint paying are you?

gh

[kewns]

Re: Letter confirming no cca or defulat could be found ????

yes thanks very much for your advice i just leave them and wait till 2012 for better credit if i need it,

as i have decided to pay off my cc as am going uni next year and need to cut my bills down badly lol

thanks again for your advice

ste

[Never-In-Doubt]

Re: Letter confirming no cca or defulat could be found ????