Default removed, but then...

[Never-In-Doubt]

Re: Default removed, but then...

If you continue paying it never becomes statute barred.

Cessation of payments is up to the user. Definitely no mistake here, however if its their only debt I would agree - is that "really" worth trashing a credit file over? If you can't pay and that's that then not much more you can do cos the bank will default you anyway so why pay?

[Spent2much]

Re: Default removed, but then...

I Know it is no use crying over spilt milk, but this was a mistake IMO,

Lack of a CCA never is enough reason to stop paying an affordable repayment plan(especially 25p a week)
It just gives them the opportunity to enforce.

Still hindsight is a wonderful thing unfortunately.

so this is still ue ?

[gravytrain]

Re: Default removed, but then...

I've only ever paid £1pm since 2006 but stopped when the DCA ignored my CCA and your letter about the UE of the 'agreement' they sent me, which I emailed to you. I haven't paid for about 3 months or so.

I Know it is no use crying over spilt milk, but this was a mistake IMO,

Lack of a CCA never is enough reason to stop paying an affordable repayment plan(especially 25p a week)
It just gives them the opportunity to enforce.

Still hindsight is a wonderful thing unfortunately.

[cardiac arrest]

Re: Default removed, but then...

Hi Niddy. The creditor is Sainsbury's Bank..this is my only default and was the only CRA entry on my file.Initially they used Blair Oliver and Scott, from 2008 when they issued the DN, they had it until 2010 before it was sold to Hillesden (DLC). I've only ever paid £1pm since 2006 but stopped when the DCA ignored my CCA and your letter about the UE of the 'agreement' they sent me, which I emailed to you. I haven't paid for about 3 months or so.

The o/s amount should be around £6,700 now. The original DN didn't give the required days to remedy, but this was never 'revealed' and I'm not sure they ever knew this, although that looks like it may be sorted if they decide to issue a new DN .

The OC gave me two lots of 6 months reduced payments from Nov 2006 to Nov 2007 and no interest or fees were added.From Nov 2007 to Jan 2008 they added interst and fees, and then after my complaints they did offer a new reduced payment period, for 6 months, but again added charges...but then defaulted me half way through. My ongoing complaint was about the the charges from Nov 2007 to May 2008, and finally they wrote to me saying these were wrong and should not have been applied..hence the refund....and the compensation they gave me.

[Never-In-Doubt]

Re: Default removed, but then...

yes, I'm sure they will be seeking to get their £1300 back..so I expect they will be aiming to add interest etc when they next contact me. They will have to unravel the UE thru' non compliance with CCA...and hopefully Niddy will plot a way though this given the history of what has happened here...they do already know I am unable to pay more than a token amount but just for now I'm enjoying a Xmas with no CRA entry on my file.

I knew I was never going to 'win', and I don't regret what has happened, but they can't get blood out of as stoney broke debtor..well not much hopefully. I did put in a plead for 'compassion' given my health and wealth circumstances, but in true Scrooge fashion, they just said bah humbug !

Can you remind us, who is the creditor and do you have other debts or just this...?

[gravytrain]

Re: Default removed, but then...

I see, any way put it out of your mind and enjoy the holidays.

GT

[cardiac arrest]

Re: Default removed, but then...

Just a point worth remembering. They do not have to give you your card back if they re-instate your account(they can cancel your facility to draw down irrespective of default), personally I would not run the risk of falling into arrears again if the account has been put in the black so to speak, again personally I would want to know how much I still owed , when the minimum payment was expected and sum. (I am sure they would relish the opportunity to issue new legitimate charges to the account and re-issue a default).

yes, I'm sure they will be seeking to get their £1300 back..so I expect they will be aiming to add interest etc when they next contact me. They will have to unravel the UE thru' non compliance with CCA...and hopefully Niddy will plot a way though this given the history of what has happened here...they do already know I am unable to pay more than a token amount but just for now I'm enjoying a Xmas with no CRA entry on my file.

I knew I was never going to 'win', and I don't regret what has happened, but they can't get blood out of as stoney broke debtor..well not much hopefully. I did put in a plead for 'compassion' given my health and wealth circumstances, but in true Scrooge fashion, they just said bah humbug !

[gravytrain]

Re: Default removed, but then...

Sorry Nidd, (note to self read previous posts), I seem to have duplicated ,most of what you said

[gravytrain]

Re: Default removed, but then...

Just a point worth remembering. They do not have to give you your card back if they re-instate your account(they can cancel your facility to draw down irrespective of default), personally I would not run the risk of falling into arrears again if the account has been put in the black so to speak, again personally I would want to know how much I still owed , when the minimum payment was expected and sum. (I am sure they would relish the opportunity to issue new legitimate charges to the account and re-issue a default).

[cardiac arrest]

Re: Default removed, but then...

Thanks Niddy.

I can confirm that the interest, late payment fees and over limit fees that were charged before the OC issued the DN, amount to several hundred more than the arrears stated on the DN. I do understand that the payment due is calculated as a % of the balance, so maybe this is tricky ground. I can prove the amounts however as I have the statements from the time, and a copy now of the DN issued back then.

I should maybe add that at the time of the DN the OC had assured me of a 6 month reduced repayment plan, which I kept to...but after 3 months of this they defaulted me without telling me why they terminated the temporary payment plan. I have the letters from the time on file.

I know I've gone a bit for the OC, they really messed me up when all I needed was some support back then...they could, and should have helped me more..the fact they chose not to....well, as they say, don't get angry , get even...and £1,350 refund plus a bit of compensation makes me feel a bit better, I just hope I haven't loused everything else up ..

I will sit tight and see what happens....if nothing else, it's intruiging...

thank you

[Never-In-Doubt]

Re: Default removed, but then...

To end, do nothing and wait and see what happens over the next month!

We need to evaluate things later. Pointless guessing cos we don't have a clue right now what they're upto.

[Never-In-Doubt]

Re: Default removed, but then...

Hi

Ok let's try and go through the parts that matter, one by one.

1. The refund & charges covering arrears isn't that important unless the bank agree to recreate the account so its in a live status which they will do; by applying the reclaim monies but that doesn't mean they'll issue a card or give available spending. It'd become a repayment debt that simply gets repaid. (Using the 3% min payment or whatever - I don't mean demand full repayment - not unless you default/they terminate)...

2. A bank needs no justification not to issue a card. They can close an account at any time and request repayment. Think about it; when a card company sells up etc - they can stop the credit facility and make it repayment only at any time.

3. The CCA is not a full argument in itself. We'd have to push that so don't worry about that right now. If its your only default then obviously look to maintain payments. If not then don't worry too much at this stage (about the cca).

4. SB is not affected by THEM adding the reclaim as its kinda backdated to inception. Similarly the default at the CRA must see out its 6yrs now afterwhich it can never be defaulted again. The bank will try this trick from time to time to stop it going +6yrs of default / default removal.

5. I'm never annoyed

6. Gravy has a point about reversing things but we need to be clear - these are charges NOT ppi so the monies owed would not be affected by any reclaim (as if it were ppi) because those charges were retrospectively paid as a gesture if goodwill. Unless you can prove they outstripped the arrears then you can forget that - regardless they won't reissue a card.

To clarify, if you had calculated a grand of charges upto the date of default which showed an arrears value of anything LESS then they'd have to put things right (but no new card). If however the arrears exceed the reclaim of charges at the point of default then forget this avenue.

Make sense...?

[cardiac arrest]

Re: Default removed, but then...

When I receive the demand for payment from the collections dept, I will post up what it says.

I know Niddy is getting a bit annoyed with me, but I hope you will continue to help me, and maybe compose a reply when the time comes. The issue with the OC has been going on for years, and maybe I should have been clearer when I put this in my diary several weeks ago. The fact it has dovetailed into the DCA issue is mainly because the OC refused to pay me the refund directly.

It doesn't change the fact that the account is UE though, as neither the DCA nor the OC have satisfied the CCA request. Where is the signed agreement, which is exactly the same position I was in before the OC bought back the account.

I hope to have some support for the fact that the refund should remedy the arrears though, or already has..so unless I get the credit card back pronto, then can someone explain what the contractual position is with regards to that ?

If gravytrain is right, and the OC recognises the DN is remedied...how long before they should put everything back in place, as per the supposed agreement ...and if they don't ?

Sorry to be a pain, I have followed the guidance given on here, its just this refund has raised a few questions.. Not least, will a new DN set the 6 year clock running again......

[cardiac arrest]

Re: Default removed, but then...

Was the account still in arrears when the redress was made due to the PPI ?

Was it the case that after redress the account should not have been defaulted and this is why they removed the default marker ?
The refund of charges and interest (not PPI by the way)more than cover the arrears, although the OC pointedly said the refund would be applied to the outstanding balance...if that makes any difference.

If so they should not reinstate the marker at all, it may be that they are now expecting you to make you normal contractual minimum payments.
To do this I presume I could expect them to give me my card back I presume, otherwise, what is their legal justification for not doing so...

If no section 87 default has been issued(or was invalid due to incorrect service or remedy sum) then the account must be live IMO.

That is what I thought, but what happens from there...assuming that 4.5 years of CRA entry have followed from both a defective DN and as a result of £1,300 of admittted wrong charges..but meanwhile a CCA request has been totally ignored too...where is the signed copy of the agreement ??

[gravytrain]

Re: Default removed, but then...

Was the account still in arrears when the redress was made due to the PPI ?

Was it the case that after redress the account should not have been defaulted and this is why they removed the default marker ?

If so they should not reinstate the marker at all, it may be that they are now expecting you to make you normal contractual minimum payments.

If no section 87 default has been issued(or was invalid due to incorrect service or remedy sum) then the account must be live IMO.