Two Defaults for the same account

[Never-In-Doubt]

Re: Two Defaults for the same account

^^^ yep which is why my years working on the cra systems paid off. You learn a thing or two

[CabotEggd]

Re: Two Defaults for the same account

Hi

So sorry for the confusion I have caused, it wasn't meant.

Anyway, I have followed Never-In-Doubt's advice and have emailed Credit Expert/Equifax. Hopefully they will do the right thing and get rid of the spurious entries.

Is there anything more I can do to get rid of this debt. I have made a Full and Final Offer to Cabot using one of your templates as the basis but they didn't even respond to it.

As I say they are threatening litigation now.

ALL help will be gratefully received.

[CabotEggd]

Re: Two Defaults for the same account

Hi

So sorry for the confusion I have caused, it wasn't meant.

Anyway, I have followed Never-In-Doubt's advice and have emailed Credit Expert/Equifax. Hopefully they will do the right thing and get rid of the spurious entries.

In your reply you state that I must complain to the ico first, not the FOS but only if the cra's refuse to remove them. Sorry for being dumb but what is the ico.

Is there anything more I can do to get rid of this debt. I have made a Full and Final Offer to Cabot using one of your templates as the basis, but they didn't even respond to it.

As I say Cabot are threatening litigation now.

ALL help will be gratefully received.

[ScabHunter]

Re: Two Defaults for the same account

Hi

So sorry for the confusion I have caused, it wasn't meant.

Anyway, I have followed Never-In-Doubt's advice and have emailed Credit Expert/Equifax. Hopefully they will do the right thing and get rid of the spurious entries.

Is there anything more I can do to get rid of this debt. I have made a Full and Final Offer to Cabot using one of your templates as the basis but they didn't even respond to it.

As I say they are threatening litigation now.

ALL help will be gratefully received.

The first step to take is to send a scan of the reconstituted agreement you have to -

agreements@all-about-debt.co.uk

to see if it is enforceable. Only the forum administrator is able to see it, so don't alter it or remove any content. Put your user name in the subject line so he knows who it is from.

Once the situation is clarified, we can work out the best way to approach it.

SH

[Never-In-Doubt]

Re: Two Defaults for the same account

So sorry for the confusion I have caused, it wasn't meant.

No worries, I understand perfectly well what is wrong - no confusion on my part.

Anyway, I have followed Never-In-Doubt's advice and have emailed Credit Expert/Equifax. Hopefully they will do the right thing and get rid of the spurious entries.

Good give them a few days and let us know how they respond.

In your reply you state that I must complain to the ico first, not the FOS but only if the cra's refuse to remove them. Sorry for being dumb but what is the ico.

The ICO deal with the regulation of fair and accurate processing of personal data - you don't complain to them yet - only if the CRA's refuse to remove the duplicated entries. When they respond, let us know here and we'll advise what to do with regards to ICO at that time.

Is there anything more I can do to get rid of this debt. I have made a Full and Final Offer to Cabot using one of your templates as the basis, but they didn't even respond to it.

If you want to settle, the default will remain but you can always try and request removal. What is the balance and how much can you afford to settle?

As I say Cabot are threatening litigation now.

They normally do, make threats that is.

[CabotEggd]

Re: Two Defaults for the same account

Hi

The CCA was looked at by Niddy some time ago and was deemed to be enforceable then so not much point in sending it again.

As I say i have a great deal of doubt about its authenticity as the date on it is only a little before the start of the first statement they sent me and that doesn't show a zero balance. I believe my signature was also cut and pasted onto it, which I understand is now admissable in court.

I will wait to see what the CRA's do and then take it from there.

Thanks to you all - at least we had a debate going on.

Kind regards

[gravytrain]

Re: Two Defaults for the same account

Yea I get what you're saying but it wasn't modified.

It's a simple duplicated entry error. They see loads of them daily.

You obviously were able to gain that from the limited information of the OP's first post, i would have needed more information, hence the question.

I am sure you are correct.

[gravytrain]

Re: Two Defaults for the same account

Ahh but the OP is confusing things with the assignment which doesn't play any part in the entries being duplicated. Cabot have right to update the entry to reflect they are the account owners.

See simples really

I think the OP is looking at unenforceablity isnt he, the assignment may be relevant

[gravytrain]

Re: Two Defaults for the same account

Hi

The CCA was looked at by Niddy some time ago and was deemed to be enforceable then so not much point in sending it again.

As I say i have a great deal of doubt about its authenticity as the date on it is only a little before the start of the first statement they sent me and that doesn't show a zero balance. I believe my signature was also cut and pasted onto it, which I understand is now admissable in court.

I will wait to see what the CRA's do and then take it from there.

Thanks to you all - at least we had a debate going on.

Kind regards

Sorry been out just catching up

[Never-In-Doubt]

Re: Two Defaults for the same account

You obviously were able to gain that from the limited information of the OP's first post, i would have needed more information, hence the question.

I am sure you are correct.

No no - I know the OP and have been emailing as well.... sorry, should have said.

[gravytrain]

Re: Two Defaults for the same account

Hi

The CCA was looked at by Niddy some time ago and was deemed to be enforceable then so not much point in sending it again.

As I say i have a great deal of doubt about its authenticity as the date on it is only a little before the start of the first statement they sent me and that doesn't show a zero balance. I believe my signature was also cut and pasted onto it, which I understand is now admissable in court.

I will wait to see what the CRA's do and then take it from there.

Thanks to you all - at least we had a debate going on.

Kind regards

Just a couple of additional points that occurred to me, if the commencement of the agreement date is in error and you started with a CC transfer, perhaps you could confirm this with a statement from the other account.
If this is an Egg agreement it may be as well to have it checked again, I believe some that we thought to be unenforceable a couple of years ago turned out to be not so.

[Never-In-Doubt]

Re: Two Defaults for the same account

If this is an Egg agreement it may be as well to have it checked again, I believe some that we thought to be unenforceable a couple of years ago turned out to be not so.

I agree, things change so much from year to year what with new case law, all older agreements that were checked a year or two ago should be re-checked as you never know....

BUT, if settlement can produce default removal, then that might change things slightly unless the OP has several defaults, then I'd suggest not settling as removal of one Default won't change things really.... it depends on their overall state of affairs really.

More info please CabotEggd....

[CabotEggd]

Re: Two Defaults for the same account

Will do, but tomorrow if that is OK, as my wife and son are Ill and I have to look after them.

Thanks again

[CabotEggd]

Re: Two Defaults for the same account

Hi

Sorry for the delay in responding but all the family had influenza and I had to look after them.

Anyway, the response from Experian is that they are not going to remove the duplicate entries- see their response below in italics, although they make no mention that the account is actually recorded three times, twice as default and once as satisfied.

Our Ref: EXP/44936175

Dear Mr XXXXX

Thank you for your email, which we received on 06/12/2012.

*Egg Banking (Account started 19/04/01)
*Cabot Financial (Account started 19/04/01)

The entry recorded by Egg banking shows the name of the company that the debt was originally owed to. The second entry recorded by Cabot Financial shows that the debt has now been sold to another company to collect.

Although the debt is now being recorded twice, only the entry recorded by the debt collection agency will have an effect on your credit rating.

Both entries will be retained on your credit report for six years from the default date.

Kind regards

Lekshmi Kumar
Customer Service Representative
Customer Support Centre
Experian


Any advice on what I do now?

Thanks.

[mgfboy]

Re: Two Defaults for the same account

Hi

Sorry for the delay in responding but all the family had influenza and I had to look after them.

Anyway, the response from Experian is that they are not going to remove the duplicate entries- see their response below in italics, although they make no mention that the account is actually recorded three times, twice as default and once as satisfied.

Our Ref: EXP/44936175

Dear Mr XXXXX

Thank you for your email, which we received on 06/12/2012.

*Egg Banking (Account started 19/04/01)
*Cabot Financial (Account started 19/04/01)

The entry recorded by Egg banking shows the name of the company that the debt was originally owed to. The second entry recorded by Cabot Financial shows that the debt has now been sold to another company to collect.

Although the debt is now being recorded twice, only the entry recorded by the debt collection agency will have an effect on your credit rating.

Both entries will be retained on your credit report for six years from the default date.

Kind regards

Lekshmi Kumar
Customer Service Representative
Customer Support Centre
Experian


Any advice on what I do now?

Thanks.

If what they say is correct and only one default is counted isn't that basically correct???