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

Any update here Cloggy....?

Alas not, as it was rather low priority - I simply forgot.

[Never-In-Doubt]

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

think i might just give up and pay off and then deal with what ever the CRF says for the next few years

Did you end up doing what you said or are you still fighting with it....?

[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.

Any update here Cloggy....?

[Never-In-Doubt]

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

Why don't I just amend the letter a little and then consider sending it, see what that does?

Just trust me here.... worth a shot for £1.20 postage, right?

[Never-In-Doubt]

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

think i might just give up and pay off and then deal with what ever the CRF says for the next few years

Well if you are going to pay it off then you may as well haggle and get the lowest deal available - I know it's awkward and annoying that they can do this but you will struggle and once the default hits 3 years most lenders ignore it anyway - the only thing you would not get is a mortgage (highly unlikely) as they do search back a full 6yrs.

[Groundhog]

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

think i might just give up and pay off and then deal with what ever the CRF says for the next few years

[Groundhog]

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

Triton are about as straight as a knotted corkscrew - and about as much use.

so i have found out many times over

[CleverClogs (RIP)]

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

Triton are about as straight as a knotted corkscrew - and about as much use.

[Groundhog]

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

sorry im not the best at explaining this stick with me

i had a Current Account with natwest which was about £1500 O/D with a large chunk made up of charges and interest this is the account the default was placed, on my CRF there is no sign of this account ever exsiting

as for my loan its the same as i have said apart from the default, the screen print i sent you was the only thing on my CRF showing from natwest,
also triton store my payments in my C/A for how ever long the choose before paying it into my loan

i hope this helps more
sorry

[Never-In-Doubt]

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

what?

ok, back peddle - what bank account? I thought this was for a loan?

[Groundhog]

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

right just to put a spanner in the works, the statement that shows the default date of 25.07.2006 was on my current account which has been paid off but there is no evidence on my CRF about my "current account default"

as for my loan there never has been a default notice etc, also when i have been paying my "arrangement to pay" that has been going into my current account then every so offten they move the money to pay part of the loan off

my loan statments they sent me show

29-sep-2006 was the last loan payment before I messed up £150
13-jun-2007 a credit of £35 called "PR"

now from the 13-jun-2007 my loan stays at the same amount till at least (i dont have any more statments) 15-jun-2010,

when i say stays the same I mean it dont even drop a penny

[Groundhog]

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

Ok, Tilley - 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)



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)

you sir Deserve A Knighthood.


I'll let you know how I get on,

thanks again

[Never-In-Doubt]

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

I'll stop distracting you, then, and let you get back to playing with your widget.

Now Now

[CleverClogs (RIP)]

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

* my site updates just aint happening are they?

I'll stop distracting you, then, and let you get back to playing with your widget.

[Never-In-Doubt]

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

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

I see what you're saying - obviously I missed the fact you'd paid-up by the time they defaulted you. So in essence, they "should" have defaulted you in December when you broke the agreement, as they never & you cleared the debt by March, their default is illegal based on the debt being settled at that point.

That's their own fuck-up then, cos they could have (and should have) if they wanted to "hurt" you - add it in December, but they missed that boat by a good continent