Defaults with NO CCA

[ali82]

Hi, I have just discovered this forum after folling a trail from MSE!

I have 3 defaults that I would like to get rid of, I have previously reclaimed all charges but I believe the outstanding balance now if all interest.

They all have unenforceable CCA’s as they are just application forms all opened pre 2007, one is an overdraft (balance approx. £1000), one is a credit card (balance approx. £300) and one is a store card (balance approx. £200). Please note these were all defaulted after reclaiming my charges.

I am going to send out new CCA requests this week, do I send the requests to the original creditors or the DCA? I would like to know what are my chances of getting the default removed and which option should I go for?
1. Making a settlement offer of a reduced final payment on the grounds that they remove the default.
2. Making a case for unfair relationships and seeking readdress as there is no CCA how can they apply a default with the CRA.
3. Contact the CRA under the DPA for removal

I also have another default that does have a valid CCA, for a loan again the credit is paid off but I am not paying off the interest I would like to make a settlement offer and get this changed to satisfied, How do I go about doing this?

Thanks in advance

[Never-In-Doubt]

Re: Defaults with NO CCA

Hi

After mcguffick the default will stay sadly. Nothing we can do as the court already ruled that so long as the data is accurate they can add it. So if you were a payment late they can (and will) default you. It's their only mechanism to say up yours back at the consumer.

Sorry but you're stuck with them.

Your 3 questions:

1. Why? They've already proved they're UE so re-applying allows them to reconstitute in line with Carey (v HSBC)
2. No chance. Forget it. Sorry but you've not a hope in hell.
3. See above. The cra will not remove them as the lender will authorise they remain and the ico/FOS will back them based on mcguffick and the fact it was accurate of how the account was handled.

Finally as you've got defaults it's pointless trying to settle one as the others will go against you. 1 default can be as bad as ten defaults.

[Never-In-Doubt]

Re: Defaults with NO CCA

Case law in reference is here --> allaboutFORUMS

[ali82]

Re: Defaults with NO CCA

Really??!

Becasue I wanted to try and get on the property ladder and needed the defaults off my file

[Never-In-Doubt]

Re: Defaults with NO CCA

Really??!

Becasue I wanted to try and get on the property ladder and needed the defaults off my file

Sadly, it won't happen. Yea you will see stories online where a lender may promise removal of default, hell I have had success myself doing this but it's few and far between - really you can try and haggle it for a F&F if it's your only default, if you have a few though forget it cos you'll end up paying over the odds to get one removed whilst the others all say sod-off.

Sorry - just telling you it from experience. You've no hope of removing them, best to see them out for the 6 years.

[ali82]

Re: Defaults with NO CCA

Thanks, but I think I'm going to try anyway, I have nothing to lose and dont want to put my plans on hold for a futher 3 years, if the works came to the worst I will pay them off at a reduced rate and get them changed to satfisfied.

The worst a judge could say is no then I am back to the stage where I am now so no diffrence really at least I would have tried. My CCA's are appaling, my credit card consists on 1 tick box with a large barcode stuck over the text. The O/D and CC are linked (both from barclays and on the same form) the store card I will pay off.

[swanfan]

Re: Defaults with NO CCA

And you should put any monies towards a mortgage in the future, you really are wasting your time trying this. Even a satisfied default is little if no different to a default

[ali82]

Re: Defaults with NO CCA

To be honest I'd rather waste my time than sit doing nothing.

I have read that judgment before from what I remember the OC eventually found the agreement.

The last time 2 times I went to court the judge disregarded a precedent one set by charges and one by tenancy deposit schemes and I won. Sometimes judges go by their own opinion on the case.

As I said, what’s the worst that can happen, if I pay of the debt (60%) and get a settlement, I can't get a CCJ.

[swanfan]

Re: Defaults with NO CCA

Well ok if you wanna go down the settlement route that's fine. Is there any PPI to claim back firstly? As for settlements i would start at 10% of the balance owed...

[Never-In-Doubt]

Re: Defaults with NO CCA

Thanks, but I think I'm going to try anyway, I have nothing to lose and dont want to put my plans on hold for a futher 3 years, if the works came to the worst I will pay them off at a reduced rate and get them changed to satfisfied.

No it won't work like that, McGuffick is the case law precedence and banks and DCA's religiously stand by it they will not concede and they will not remove the defaults. As for being satisfied, does not matter no mortgage company will touch you with any form of default whether satisfied, outstanding or 5 years old. That's the punishment sadly.

The worst a judge could say is no then I am back to the stage where I am now so no diffrence really at least I would have tried. My CCA's are appaling, my credit card consists on 1 tick box with a large barcode stuck over the text. The O/D and CC are linked (both from barclays and on the same form) the store card I will pay off.

Judge? Only if they have taken legal action and even then, he will utilise case law precedent which is McGuffick v RBS.

Regards the CCA's that only affects enforcement, but the fact there may or may not be a sticker is irrelevant to your quest in removing defaults.

I've been fighting this myself for almost 6 years now (hence I run this forum) - I still have defaults now, and I like to think I am smart enough to handle these things. But the facts are the facts, I was late hence the derogatory status will stay - I accept it now.

[ali82]

Re: Defaults with NO CCA

I'll keep you updated. Thanks

[Never-In-Doubt]

Re: Defaults with NO CCA

To be honest I'd rather waste my time than sit doing nothing.

Unfortunately your hands are tied - you'll end up having them hassle you the moment you try and do right. Best advice, use these 3 years to save for a bigger deposit cos you aint gonna get a mortgage - sorry but speaking bluntly may help you listen.

I have read that judgment before from what I remember the OC eventually found the agreement.

The agreement is irrelevant in what you are trying to do, the fundamental issue remains - he was late with payments hence he got defaulted as it was a true reflection of how the account was handled.

The last time 2 times I went to court the judge disregarded a precedent one set by charges and one by tenancy deposit schemes and I won. Sometimes judges go by their own opinion on the case.

Ermmm, I doubt any judge will disregard Justice Flaux and McGuffick v RBS - I doubt that very much. That is the only relevant case-law useful to you right now.

As I said, what’s the worst that can happen, if I pay of the debt (60%) and get a settlement, I can't get a CCJ.

Good luck, start at 10% though and remember they will not remove the default even though our templates have a part built in to request default removal, the lender often refuses.

See template for offers here ---> allaboutDEBT | Our Templates | Creditor Offer Templates

[vint1954]

Re: Defaults with NO CCA

And you should put any monies towards a mortgage in the future, you really are wasting your time trying this. Even a satisfied default is little if no different to a default

Indeed Swanfan. Satisfied or not, it is still a default.

[ali82]

Re: Defaults with NO CCA

I spoke with a shared ownership mortage broker a few weeks ago and was told even if you have a bad credit rating this doesn't mean you cannot get a mortage, it just means you have to pay more at first.

[Never-In-Doubt]

Re: Defaults with NO CCA

I spoke with a shared ownership mortage broker a few weeks ago and was told even if you have a bad credit rating this doesn't mean you cannot get a mortage, it just means you have to pay more at first.

Nonsense, tell them to come here and I'll prove them wrong. Shared ownership is not a traditional mortgage and if you're looking for that then clearly you're not ready for one anyway.

I know of one firm that will do it, and we have 3 mortgage brokers here as users, and even then 2 defaults is like a 70/30 chance (against you) with 1 default being 60/40 against you however a 50% + deposit 'MAY' help your case....

Point is, no lender will take the risk - you were lied to or misled. Read posts here, I don't make it up - a few people have tried and all been told the same.

You're trying everything to come back with a reason, you need to accept that unfortunately you're stuck with these defaults and if you're happy to get into debt via a mortgage that charges more for the sake of a default then you're clearly not ready to get a mortgage at all. Point is, save for the remainder and pay a better deposit, statistically you're gonna be better off doing that than paying a higher APR. What happens if say you get a mortgage now at lets say 7% - then in a year the rate goes up, then some more and some more.... can you really afford to keep paying more? My point is, your mortgage keeps rising but you're stuck cos no other lender will touch you with the defaults - best advice is to wait until the defaults are gone then get your mortgage at a normal rate and be on par with other mortgagees.

That's my opinion, best of luck whatever you do.