whats the best way to pay a debt off with triton

[CleverClogs (RIP)]

Re: whats the best way to pay a debt off with triton

ps. in your case, the markers from JANUARY onwards are actually wrong - not from April onwards..... but they have 6 months to record a default, lets not forget that as well...

Whilst agreeing with your other points, can you see anything that might excuse those idiots marking a settled and closed account as 'default'?

[Never-In-Doubt]

Re: whats the best way to pay a debt off with triton

* my site updates just aint happening are they?

[Never-In-Doubt]

Re: whats the best way to pay a debt off with triton

ps. in your case, the markers from JANUARY onwards are actually wrong - not from April onwards..... but they have 6 months to record a default, lets not forget that as well.....

As I say, fight the incorrect entries from the AP start date - you have more chance of success this way

[Never-In-Doubt]

Re: whats the best way to pay a debt off with triton

I had missed the payments for December and January, as I had more important expenses - I needed a new microwave oven in December and a new computer in January - but, as far as I can recall, those were the only payments I'd missed.

Thus, their markers for April, May and June 2011 are utterly wrong.

Ok that answers it, so at worst they should have defaulted you in December the month you 'broke' the agreement.....

However they did do it within 6 months, so mate unfortunately this is a fight you're likely to lose if you play on the angle of current events, you need to focus on the errors from outset until now which should revert it back to AP with removal of all derogatory markers.

i.e. hoping that by doing this, it fails the december missed payment marker and omits the default altogether....

make sense?

[CleverClogs (RIP)]

Re: whats the best way to pay a debt off with triton

Ok, but if over the last 6 months prior to that you'd breached the agreement of the AP then they can add a default the same day - this shouldn't be forgotten mate...

I had missed the payments for December and January, as I had more important expenses - I needed a new microwave oven in December and a new computer in January - but, as far as I can recall, those were the only payments I'd missed.

Thus, their markers for April, May and June 2011 are utterly wrong.

[Never-In-Doubt]

Re: whats the best way to pay a debt off with triton

In my case they will have even less chance of excusing themselves, as the account balance on 8 March 2011 was £14.71 in credit.

Ok, but if over the last 6 months prior to that you'd breached the agreement of the AP then they can add a default the same day - this shouldn't be forgotten mate.....

I would be more concerned about the actual reporting of inaccurate data for several years

[CleverClogs (RIP)]

Re: whats the best way to pay a debt off with triton

In my case they will have even less chance of excusing themselves, as the account balance on 8 March 2011 was £14.71 in credit.

[Never-In-Doubt]

Re: whats the best way to pay a debt off with triton

oooh that took 9 minutes to write - I must be slacking

[Never-In-Doubt]

Re: whats the best way to pay a debt off with triton

Ok, Groundhog - here is your template to send to the DCA (Try-it-On)... you also need to download and print pages 10-16 of the attached pdf document and attach those as this forms part of your claim of irresponsible reporting of inaccurate data to the CRA's - you also need to send a copy of the page from within your SAR that confirms the original default period (i.e. that statement that shows the default date of 25.07.2006)

now i did just see something on the statments - Default notice fee 25/07/2006

So here's the main template - this gets sent to Try-it-On and send it Recorded Delivery so you have proof:

Dear Sirs

Account No/Reference No: XXXXXXXX

I write with reference to previous communication regarding an outstanding balance on the above mentioned account and wish to clarify a few errors that you seem to have overlooked.

In particular I am concerned to note that you have registered late payment entries against me for several years now even though this account was formally defaulted back on 25.07.2006 - attached with this letter is proof of that, due to the default fee showing on my statement. Ergo, these late payment entries are in fact unlawful and I demand all are removed and replaced with the actual default entry using the original default date which is sometime in 2006 - not even in 2007 as suggested by this fee!

The ICO have clear guideance on the reporting of defaults which also takes into consideration arrangements to pay and their associated markers. In my case I made an agreement to pay back in 2006 and ever since then I have kept to this agreement thus meaning had you not registered a default back in 2006 then the worst you'd be able to do is to report the fact I am in an arrangement - the ICO guidelines state that you may only default me after breaking any agreed arrangement to pay - I have proof that I made the following payment sequences;

14/11/2006 - £35pm up to
15/09/2008 - £40pm up to
15/12/2009 - £47pm up to
14/05/2010 - £50pm to date

Thus as I have not missed a single payment, let alone three successive payments, you have no right to record derogatory data against me. I am paying on time, as agreed by us, thus marking my credit file with a late default entry marker is unlawful within the ICO guidelines.

We both know you can only be defaulted once per lifecycle of account and you did this back in 2006. I attach with this formal complaint copies of the guidance in question and draw your attention to the points within these pages, in particular;

Section 21 - An arrangement to pay
This involves a temporary, short-term (up to six months) arrangement where the lender agrees to accept reduced payments.

The account will be marked by an ‘arrangement to pay’ marker (which distinguishes the account from one where the customer has behaved less responsibly).

Where such an ‘arrangement to pay’ breaks down, a default may be filed when the total value of the arrears is equivalent to three monthly payments under the original terms.

If a customer fails to return to contractual payments after an ‘arrangement to pay’ has expired, then the lender can file a default immediately, as long as this would not place the customer in a worse position than they would have been in, had they not made the arrangement.

As is clear from the points above, nothing is relative to my own case and thus these late payment entries are a direct breach of my Data Privacy.

Similarly, the ICO uses the following example within this guidance which directly reflects my own case, and thus you ought to bear the facts in mind as I will use this against you when I bring further action - the below is a direct quote

1. If a customer makes an ‘arrangement to pay’ at a reduced rate but breaks that arrangement by making no payments for three months, the lender should only automatically file a default if

• the total value of the arrears is equivalent to three monthly payments under the original terms, and
• the lender would normally file a default at this stage in the arrears process.

So no default should be filed if the lender normally records defaults when accounts are six monthly payments in arrears and the customer has not yet reached that level of indebtedness, even though he may have missed payments under the ‘arrangement to pay’.

2. If a lender accepts an ‘arrangement to pay’ as an alternative to filing a default, and the customer fails to make any of the agreed repayments, then a default can be filed straight away.

What the above means is that as I have not broken my arrangement, you have no right to mark my credit file with anything other than the fact I am in an arrangement which is usually identified by the AP/AR marker associated with such an agreement.

Please treat this as a letter before action as if you do not correct the entry not only will I consider seeking legal advice but I will also formally complain about this to the ICO, the FOS and the OFT.

I expect a suitable response confirming that you've reverted back to the original default date in 2006, within the next 21 days.

Yours faithfully,

Sign Digitally
(see here for details on signing digitally)

[Never-In-Doubt]

Re: whats the best way to pay a debt off with triton

In the response to the SAR, I would expect to find a copy of the silly threat-o-gram they sent me a little over a year ago. In that letter, they demanded the outstanding balance of £235 to be paid at once, or they would pass the account to their solicitors who would:

• send a statutory demand with a view to commencing bankruptcy proceedings, or
• get an attachment order for the bank to be paid directly from [my] earnings, or
• get a charge imposed on [my] property that would allow the bank to take possession of [my] house

Please note that in none of the above threats was there the slightest hint that they'd first need to obtain a County Court Judgement in their favour.

That's why I'd like to barbecue those buggers.

Ahhhh, I like your style - a SAR it is then

We'll get your £10 back - just for the fun of it

[CleverClogs (RIP)]

Re: whats the best way to pay a debt off with triton

why? No need, the cra entries confirm you paid on time (albeit reduced) - but if you want to SAR then no probs, however I'd not bother myself as the proof is in the reading of the CRA entry.....

I need to ensure that I have the correct dates, and I also want to find other instances of inaccuracies.

And then there's their silly threat-o-gram.

[CleverClogs (RIP)]

Re: whats the best way to pay a debt off with triton

In the response to the SAR, I would expect to find a copy of the silly threat-o-gram they sent me a little over a year ago. In that letter, they demanded the outstanding balance of £235 to be paid at once, or they would pass the account to their solicitors who would:

• send a statutory demand with a view to commencing bankruptcy proceedings, or
• get an attachment order for the bank to be paid directly from [my] earnings, or
• get a charge imposed on [my] property that would allow the bank to take possession of [my] house

Please note that in none of the above threats was there the slightest hint that they'd first need to obtain a County Court Judgement in their favour.

That's why I'd like to barbecue those buggers.

[Never-In-Doubt]

Re: whats the best way to pay a debt off with triton

I'll first submit a Subject Access Request, to make sure I have enough evidence to hang those cu runts.

why? No need, the cra entries confirm you paid on time (albeit reduced) - but if you want to SAR then no probs, however I'd not bother myself as the proof is in the reading of the CRA entry.....

They had NO right to add late payment markers. None, whatsoever.

[CleverClogs (RIP)]

Re: whats the best way to pay a debt off with triton

I'll first submit a Subject Access Request, to make sure I have enough evidence to hang those cu runts.

[Never-In-Doubt]

Re: whats the best way to pay a debt off with triton

New thread regards this here: ---> Defaults - CRA Data & Default Guidelines