Hello! Help in removal of defective default from credit record

[kraygerson]

Hello everyone,

I found this forum courtesy of a link from NID's profile over on MSE. Having browsed as a visitor for a while, I realised it is exactly where I need to be.

Doubtless like many of us, I was not always careful or sensible with my finances years ago. Yes, I have certainly made mistakes along the way.

But I finally turned the corner properly about 4 years ago and have been fighting the uphill battle back to financial stability and credit-worthiness since. Thankfully I never took on the most serious financial commitment of all (aka a mortgage!) otherwise my situation could have been far more serious.

I have played fair with those creditors who have played fair with me and have played hard-ball with others. Now there is but a single blemish on my credit record - a default, registered by a relatively unknown (yeah, right!) company whose name begins with a 'C', ends in a 't' and sounds a little like 'Craprot'.

And so here I am, seeking guidance as to how I might have said default removed, as I strongly believe it is invalid. I hope to learn from my experiences and, when I feel sufficiently confident, will gladly attempt to assist others in future.

Now, if you will excuse me, I have a little (perhaps a lot) more reading to do!

[Never-In-Doubt]

Re: Hello! Help in removal of defective default from credit record

Hi & welcome

So Cabot defaulted you? When and in relation to what creditor?

[kraygerson]

Re: Hello! Help in removal of defective default from credit record

Hi,

Yes, it was Cabot.

According to my Experian record, the agreement started 01/11/2005, and the default was registered on 28/09/07. I'm fairly sure the default date is after the agreement was terminated. I.e. Cabot have been a little loose with the facts, in an attempt to prolong the matter.

The original creditor was Vanquis.

I have previously communicated with Cabot, (about a year ago) requesting a true copy of the CCA. They responded, eventually stating that they were unable to supply it.

I believe this makes the debt unenforceable.

What I propose is to contact Cabot, requesting a copy of the default notice - which, hand on heart, I do not recall ever having received. I seriously doubt they will be able to comply.

Does this seem sensible?

I am a little hazy as to what happens from there, but I'm still reading!

[Never-In-Doubt]

Re: Hello! Help in removal of defective default from credit record

They do not have to comply. No need for them to send another if they have a system note confirming one was sent.

As this is the only default, with 2 years left it's not going to cause toouch harm if you apply for credit. So personally whilst it's unenforceable; I'd just let it go. After 3yrs data is not as important so don't worry about one default so long as your current liabilities are all up to date.

[kraygerson]

Re: Hello! Help in removal of defective default from credit record

Really? Would I just have to take their word that they followed the correct procedure, then? I was under the impression that I would have had to receive a default notice, and that it would have to contain certain information for it to be valid before they could register a default with the CRAs.

As this is the only default, with 2 years left it's not going to cause toouch harm if you apply for credit. So personally whilst it's unenforceable; I'd just let it go. After 3yrs data is not as important so don't worry about one default so long as your current liabilities are all up to date.

That's a very surprising revelation. It seems to have been enough to cause an application for a credit card (MBNA) to fail in July last year. All my liabilities are up to date and have been for the last 4 years - I have gone from being rather careless to being borderline obsessive when it comes to keeping control of my finances.

I can think of no other reason why that application would have failed.

See, I am seriously considering purchasing a car and naturally, am concerned that my finance application will fail.

[Never-In-Doubt]

Re: Hello! Help in removal of defective default from credit record

Really? Would I just have to take their word that they followed the correct procedure, then? I was under the impression that I would have had to receive a default notice, and that it would have to contain certain information for it to be valid before they could register a default with the CRAs.

That's a very surprising revelation. It seems to have been enough to cause an application for a credit card (MBNA) to fail in July last year. All my liabilities are up to date and have been for the last 4 years - I have gone from being rather careless to being borderline obsessive when it comes to keeping control of my finances.

I can think of no other reason why that application would have failed.

See, I am seriously considering purchasing a car and naturally, am concerned that my finance application will fail.

The process is quite simple, if they can confirm that they did send one to you, ie by way of a computerised annotation somewhere, then they do not need to provide another DN - no. That is unfortunately factual. However usually you'd receive it, so if you said (in court) you never and they produced a system generated note confirming one was sent, then the court would believe one was sent - it's easy for anyone to lie and say "I never got one" ergo the cases get thrown out, if you see what I mean.

Regards to your credit app to MBNA - they score quite harshly, consider more sub-prime, obviously as things stand with the economy even the best risk borrowers are being declined and/or given lower limits. Its not you, but MBNA are notoriously hard at the moment, unless you have a squeaky clean file and little debt.

Try somewhere more easy like barclaycard and use their pre-app checker to give you an idea of likely success, if this knocks you back then you have problems on one of your credit files, bear in mind you have Equifax, Experian & Call Credit so the info each holds, varies.

Most lenders search 3 years, ergo they'll ask as part of an application "please provide previous address if less than 3 years" as this is their credit search criteria, however if something bad showed up in those 3 years the system auto diverts to a full 6 year search, its all done in split seconds lol - not like you'd know or notice!

Make sense?

[Never-In-Doubt]

Re: Hello! Help in removal of defective default from credit record

For instance we know that M&S (issued by HSBC) only do a 2 year search as they only need your last 2yrs address history! Amex used to ask for 5 years but mainly, its 3 years!

Some catalogues ask for one year, others ask for 3 years.....

[kraygerson]

Re: Hello! Help in removal of defective default from credit record

Yes, that makes sense.

It might be worthwhile testing the ground by applying for another credit card. I've had a Capital One card for a good few years and never had a missed or late payment recorded.

I'll certainly give MBNA a miss, based on what you've said. Of course, it would be good to get one with a balance transfer incentive.

As far as you know, are there any others who are particularly harsh with their credit scoring?

[Never-In-Doubt]

Re: Hello! Help in removal of defective default from credit record

Basically try your bank first (who do u bank with and is it a basic or full account)? Then try barclays, sygma bank (flybe credit card) & m&s are all easy.

[Never-In-Doubt]

Re: Hello! Help in removal of defective default from credit record

M&S will be upto £2k limit whilst sygma bank flybe card comes with max of £5k but starts at £1k usually then you can get a 33% increase every 3 months if you ring them.

[kraygerson]

Re: Hello! Help in removal of defective default from credit record

I bank with Nationwide. I have a Flex account, which initially started as a basic account with just a cash card, but as they seem to have revamped these, now has a debit card also.

So, I'm not 100% sure whether it's regarded a basic or full account now.

I'll give it a go with Nationwide today. Nothing to lose, eh?

[Never-In-Doubt]

Re: Hello! Help in removal of defective default from credit record

Is it a blue visa debit or purple visa cashcard+?

Don't try NW - they are hard especially if you don't have a full account (blue card)...

[kraygerson]

Re: Hello! Help in removal of defective default from credit record

Ah ... it's purple. So I guess that means I still have a naughty account.

Bottoms.

[Never-In-Doubt]

Re: Hello! Help in removal of defective default from credit record

Yep it's a stage 2 account. They credit risk you and it goes from cashcard to basic to full even though all offer similar features.

I'd look to open a new full bank account somewhere before worrying about credit cards. Try barclays or Lloyds for ease.... I hate them both but they are easiest so I'm not recommending them but I'm saying they are easiest to get a bank account with.

[kraygerson]

Re: Hello! Help in removal of defective default from credit record

I took the plunge - applied online for the flybe card.

Rejected.

If these guys are one of the easier, that definitely can't be good. It seems that for me, that single default is still going to prove pretty damning. There really isn't anything else adverse.

I don't think I'll try any others.

If I can't get this thing removed, there's probably no chance of getting significant (if any) credit until September 2013.