Default on disputed account

[DEBTFREE1DAY]

Long story short -

back in 2009/10 following advise on here and MSE, I CCA'd all my pre07 debts. One of the companies wrote back saying they had lost my paperwork and whilst they may pursue the debt they wouldn't take court action....blah blah blah

didn't pay a penny

2011 - debt collector1 wrote to me - told them I awaited a CCA and to get stuffed

2011 - debt collector2 wrote to me - told them I awaited a CCA and to get stuffed

Last week checked credit file, and found, despite writing back to me saying they would be taking no further action, debt collector2 has registered a default in late 2011 against the debt

can they do this? can I have removed? how?

Thanks

[diddlydee]

Re: Default on disputed account

Please see the following thread for a bit more info on defaults: http://forums.all-about-debt.co.uk/showthread.php?t=17

Now basically the CRA is showing a default on an unenforceable account. You have defaulted on that account. Therefore the entry is correct.

IF they don't have paperwork, that's great as it means they won't be able to persue you through the courts, but what it doesn't stop them doing is writing to you for payment or accurately reporting the status of the accounts, ie. in default.

Sorry

[DEBTFREE1DAY]

Re: Default on disputed account

Thank you diddlydee, I ask not because I am looking to take out more credit, but as I am due to be interviewed for a role in a Financial services company (IT type role) and I suspect this may be an issue

However, I am loathed to start paying thousands of £s on debts which are unenforceable when the default will remain on the record - even if the debt is now shown as satisfied

aaaaaaaaaaah!

[SA Gold]

Re: Default on disputed account

Thank you diddlydee, I ask not because I am looking to take out more credit, but as I am due to be interviewed for a role in a Financial services company (IT type role) and I suspect this may be an issue

However, I am loathed to start paying thousands of £s on debts which are unenforceable when the default will remain on the record - even if the debt is now shown as satisfied

aaaaaaaaaaah!

Are they going to credit search you? If so, you could say that you have written to them for a copy of the agreement and are awaiting to hear from them

[DEBTFREE1DAY]

Re: Default on disputed account

thanks - and it is the true I am waiting for a CCA 4 years now!

I also have 2 other blemishes on my file

1 - open debt to Halifax, who have stubbornly refused to sell the debt on!, for the 1st two years adding as much interest as my £100 a month payments paid off!, and then for the last 2 years just accepting token payments. Even now when I am off work and haven't made a payment for 6 months they have with an 'internal DCA'

They are willing to settle for 75%, which I have but not sure if its dead money

2 - loan debt which defaulted in may 2008 and apart from an annual statement I have never been chased for, and I haven't paid a penny since oct 08 nor corresponded against. I am again loathed to pay this one off now when next year will be the 6th anniversary....

Re credit searching me. They haven't mentioned it, but interview is later this week. Basically I will be an independent contractor employed on a 6 month contract, but I am led to believe by an ex employee they treat contractors same as internal employees for credit / reference checks etc etc

[Never-In-Doubt]

Re: Default on disputed account

Read this --> Credit reference files and partial settlements - allaboutFORUMS

And this --> Do they require Proof of delivery that default notice was sent? - allaboutFORUMS

And this --> Removal of Default Notice - 1st Credit - allaboutFORUMS

They will not remove it and do not need to, however that said the OC entry must be satisfied and also, the original default date must be the same they cannot add another....

The three threads above spell it out

[SA Gold]

Re: Default on disputed account

Re credit searching me. They haven't mentioned it, but interview is later this week. Basically I will be an independent contractor employed on a 6 month contract, but I am led to believe by an ex employee they treat contractors same as internal employees for credit / reference checks etc etc

Might be an idea to clarify this is what is going to happen and then sign up for Experian for 30 days so you can see what they will be looking at to make your plan
Good luck!

Edit: Just thought, when you say contractor, if you are trading as a limited company, they may search the company rather than you?

[DEBTFREE1DAY]

Re: Default on disputed account

ooooh missy - that's a very very interesting point. I have just been on to inland revenue and companies house and do intent to send invoices in as a LTD country

I never considered that - and presumably on the basis I am just forming this week, I will be blemish free!

[SA Gold]

Re: Default on disputed account

ooooh missy - that's a very very interesting point. I have just been on to inland revenue and companies house and do intent to send invoices in as a LTD country

I never considered that - and presumably on the basis I am just forming this week, I will be blemish free!

lol. its just a thought mate.

[ken100464]

Re: Default on disputed account

1 - open debt to Halifax, who have stubbornly refused to sell the debt on!, for the 1st two years adding as much interest as my £100 a month payments paid off!, and then for the last 2 years just accepting token payments. Even now when I am off work and haven't made a payment for 6 months they have with an 'internal DCA'

They are willing to settle for 75%, which I have but not sure if its dead money

Had the same experience with these guys they just would not default us. Its been maddening.

Its eventually got to the point where this one account was starting to go outside the envelope of all we were trying to achieve so settling it up became more important to us than UE.

But even settled its left a nasty stain which will be the last one off our files.

From a pure OC's point of view they have got what they wanted and I cant say they were particularly nasty either. Indeed there just isnt really much we could complain about as they reported the account as we serviced it, they chose not to default and throw us to the wolves, they stopped interest for a set period before starting again so could say they were helping us.

All in all if it wasnt us at the end of it I would probably say they played a blinder and stuffed us lol.

But a very different tactic to the bark no bite type of attack. Very subtle.

[SA Gold]

Re: Default on disputed account

Method in their madness do you think then Ken?

[ken100464]

Re: Default on disputed account

Not sure tbh.

They got what they wanted out of us but they have only done it by doing something very different to the rest of them.

We didnt treat this one any different than the rest and yep each one is different but Halifax have kept it in house have dealt with us havnt gone out of their way to trash us or our credit record just recorded what we did.

Look back and it dont read very clever but besides the fact we were in up to our eyeballs Halifax havnt been out and out horrible. They just wanted their money back and seemed patient enough to wait.

Eventually the mess that 2008 and 2009 was starts to recede and you start to get back on your feet.

And then you realise you have one live account that despite our best efforts hasnt defaulted then it starts to become clear if they do default you then this is going to be the only bad mark left. But wont go when all the other crap goes but probably 4/5 years after the other stuff.

It therefore becomes time to sort

[SA Gold]

Re: Default on disputed account

Not sure tbh.

They got what they wanted out of us but they have only done it by doing something very different to the rest of them.

We didnt treat this one any different than the rest and yep each one is different but Halifax have kept it in house have dealt with us havnt gone out of their way to trash us or our credit record just recorded what we did.

Look back and it dont read very clever but besides the fact we were in up to our eyeballs Halifax havnt been out and out horrible. They just wanted their money back and seemed patient enough to wait.

Eventually the mess that 2008 and 2009 was starts to recede and you start to get back on your feet.

And then you realise you have one live account that despite our best efforts hasnt defaulted then it starts to become clear if they do default you then this is going to be the only bad mark left. But wont go when all the other crap goes but probably 4/5 years after the other stuff.

It therefore becomes time to sort

umm... i wonder if they know this is exactly what some people will be treading carefully over and use this as their ace card. wouldn't like to play the tw@ts in poker thats for sure!

[DEBTFREE1DAY]

Re: Default on disputed account

yeah its weird. most companies within 6months to 12 months were chasing bigger payment, threatening defaults, selling debts on, but Halifax just kept piling on loads of interest

eventually, I thought enough is enough so instead of £100 a month I reduced payments to about £15, they then stopped adding interest (of around 90 a month) so the debt begun to come down, but very slowly....something like 30 years to pay!

even now they haven't got to the stage others got to in 6 months. They certainly have had and if I settled at even 50% will have far more in % terms than any of my other creditors

guess they play the long game!

[DEBTFREE1DAY]

Re: Default on disputed account

thanks all, having read the links from Niddy, there is little point in trying to get the defaults removed. I think I have to accept they will be there for 6 years.......I just wish I had got Halifax to default me several years ago, but cant turn the clock back so I am where I am

and what will be will be

Thank you