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  • DEFAULT HELP AND ADVICE NEEDED!!!!

    Where do I start? When credit checking my files, I discovered that i had a default from 4.5 years ago from Capital one and my partner has 4 defaults from Barclayloan, Egg, RBS and Style Financial, all from 2007.

    I requesting all the necessary information from the companies, CCAs, default notice copies and so on. I began by appealing against my own Capital One default. They wouldnt issue me a copy of the default as I no longer owe the debt (I spread the payment via a third party collection agency and cleared it all quite some time ago). I also pointed out that a large chunk of the debt was made up of unfair charges which they eventually credited to the account and cleared the remaining debt. I appealed to their better nature by requesting the documents again, but they refused and stated it was their final response on the matter. The complaint is now with the ombudsman - having only just discvered the wealth of knowledge offered by Never in Doubt!!! What are your thoughts on the default removal chances in this case?

    With regards to my partners, I have obatined the CCA's etc, some have sent default notice copies, some havent, some have sent a template of default notices with no actual names, addresses etc on. I have not taken these any further at this point but want to approach it all in the best possible way. All defaults occured when my partner switched to a DMP with the CCCS. The 2 I have most hope of removing are Egg and Barclayloan. The reasons being Egg was applied after only 2 months of arrears, although small payments were still made, it also refunded chunks of unfair charges after the default. The Barclayloan defaulted at around £7500, after the default the ombudsman found in our favour that the PPI had been unlawfully applied and reduced the debt by around £3,000. The RBS and Style ones I think may be more complex as there were arrears but they also refunded PPI and unfair charges. all of these debts eventually agreed to the sums under DMP and ceased to charge interest. My partner is continuing to pay and probably has less than 12 months to being debt free. However, his credit is shot with the defaults, although his payments under dmp have been settled and regualr and increasing. I however am sitting on a fair credit rating with no other issues except for this awful Cap Obne Default. Any ideas????????????

  • #2
    Re: DEFAULT HELP AND ADVICE NEEDED!!!!

    The default will not be removed, plus it'll be gone in less than 18mth so don't waste your energy with the Ombudsman (I presume you mean FOS?).....

    Regards to the sight of default notice, you simply send a SAR - this covers it.....

    Defaults explained here: ---> viewtopic.php?f=55&t=38

    SAR Template/Request ---> viewtopic.php?p=2312#p2312

    Regards to your partner, if he was in arrears then the defaults will stand..... you need to accept this and move on, an unlawful default can be removed but do not bank on this happening...... as for your credit file, most lenders go back 3yrs - you'll struggle to get credit (whereas usually you'd be fine after 4.5yrs) due to a link with the partner (I presume)......

    But usually if your credit file is 3+ years old and clean then anything after 3yrs is ignored and not searched. If there is anything bad though, then they search a whole 6years.... if you're being refused basic credit now then i'd presume you're financially linked to the partner....
    I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

    If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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    • #3
      Re: DEFAULT HELP AND ADVICE NEEDED!!!!

      Thanks for the advice. The only link to my partner on my file is a joint bank account, although this account has never been in arrears etc, do you think that would still create a problem.

      A search was done when I was trying to arrange a mortgage. I had explained my credit history to my financial advisor and he didnt anticipate a problem, although when Santander search I was turned down on that result, hence trying to work on some of the issues on the file.

      I have seen a lot of stuff on the site with regards to 'unenforceable contracts/default removal', as all of the credit agreements were before 2007 is this worth checking on any of them, would that make any difference? Also is there any differences because the defaults all occured when my partner started his DMP. I am not trying to dispute paying back all of the balances in full, only that atleast 2 of his defaults do not seem fair. Do you think any of my issues with the defaults would be worth pursuing?

      Thanks again, its great to finally get some input.

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      • #4
        Re: DEFAULT HELP AND ADVICE NEEDED!!!!

        ANY link causes a problem as it shows you're erm, linked! So if you're in debt and he isn't - being linked mean you BOTH are in debt.......

        Your IFA is a nonce, even I know it will cause a problem - cos it will, due to the financial link created by the joint bank account. If you consider UE then you'll get defaulted on each account, it is not a way to get out of paying your debts but moreso a way to gain breathing space and get back on your feet - ergo, if you're looking for a quick escape then UE is not for you - regards to defaults, in layman it is simple - was he at least one payment late on the account? If so then the lender has a right to issue a default notice in line with their terms so that cancels out what you and I consider to be fair/unfair.....

        There is set guidance on this, factual account data is classed as fair - hey, for the record, I hate lenders and defaults but I am telling you the way it is - not the way I feel.....

        See this ---> viewtopic.php?f=48&t=48
        I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

        If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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        • #5
          Re: DEFAULT HELP AND ADVICE NEEDED!!!!

          Wow, really can learn fast when you ask questions to the right people. Well, thanks again for that, but it has triggered yet more questions in my mind.

          Firstly, if I close the offending linked account, obviously there is still an historical link - any ideas on how that may or may not reflect on my file in the immediate future? Cant believe the IFA never advised on it, as I was open and honest about our finances and even after failing the credit score, wouldve hoped for some practical advice on moving forward, as I have a lovely deposit just waiting for a house, but cant get one yet due to the credit file.

          Secondly, I dont expect to be told that everything will be rosy - I appreciate your honest opinions! Nor do we expect to pay a penny less to the creditors than what is owed, so I dont want to buy time or anything as we are almost in the clear debt level wise. It is just that once you start reading that there are various ways to remove a default, and to be honest, a fair few of them also openly admit that there were arrears and account problems, it just makes you think that there isnt much to lose by asking and writing a few letters. I have seen 'success stories' where people admit arrears but say they didnt get a correct default notice or there wasnt a correct agreement in place and wondered whether this was over riding of the fact that there was a small amount in arrears. Also, having read the ICO's guidelines for issuing defaults, I thought that Egg particularly may well have issued a 'questionable' default as it was placed on the account before the advised minimum period of arrears and lower payments had also been made in those months and they had been contacted by the CCCS regarding the debt management plan so we hadnt kept them in the dark! They had also irresponsibly increased the credit limit on the account in the first month of arrears without my partner requesting an increase! My other main issue is with the Barclayloan, as I discussed the PPI was a huge issue and made up almost 50% of the sum defaulted on. They also issued an immediate default but recorded it on my partners file in May and sent a letter (of which they have just furnished me a copy) in June saying I had until the end of June to recitify the problem???

          Sorry to be a pain in the bum to you, but it is nice just to get some practical advice. And just to reiterate, I am not looking to get out of paying any of what still remains - it is almost done now anyway. Just really wanted to know whether there was anything to lose by pursueing it with the creditors and or the FOS/ICO, or whether to just grin and bear it all until they 'drop off' the files.

          Any other advice on improving my credit rating in the meantime would be greatly appreciated. I can now only assume the link is creating a problem on mine as opposed to one default that is 4.5 years old!

          Looking forward to your response x

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          • #6
            Re: DEFAULT HELP AND ADVICE NEEDED!!!!

            Read this - it answers everything to do with CRA's - in the first post links etc are all explained! ---> viewtopic.php?f=48&t=48
            I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

            If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

            Comment

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