newbie,, multiple defaults, had my head in the sand

[MrsD]

Re: newbie,, multiple defaults, had my head in the sand

nae bother big man

[dryburgh]

Re: newbie,, multiple defaults, had my head in the sand

i'm maybe being foolish, but if the creditor cannot produce the agreement, then surely it is invalid, and should be removed from the CRA'S? is there no letter i can follow up with to push for removal?

[MrsD]

Re: newbie,, multiple defaults, had my head in the sand

fraid not, only a court could do that and you definitely don't want to go that route. Not saying it's fair or sensible but it is how the CRAs operate here.

[Deepie]

Re: newbie,, multiple defaults, had my head in the sand

a dinny ken how yae ken im scottish

nae bother big man

Queens English please ................

[The Tech Clerk]

Re: newbie,, multiple defaults, had my head in the sand

Wassay???????????

[Never-In-Doubt]

Re: newbie,, multiple defaults, had my head in the sand

i'm maybe being foolish, but if the creditor cannot produce the agreement, then surely it is invalid, and should be removed from the CRA'S? is there no letter i can follow up with to push for removal?

As said, only a judge can do that.

[pipsaholic]

Re: newbie,, multiple defaults, had my head in the sand

I heard people on another forum getting defaults removed due to distress and causing future financial hardship.

[Never-In-Doubt]

Re: newbie,, multiple defaults, had my head in the sand

I heard people on another forum getting defaults removed due to distress and causing future financial hardship.

No you never - that's inaccurate to suggest. A default rarely gets removed unless you well, did not default. Why should it be removed cos of stress? Actually, you tell a DCA you're stressed they're more likely to insist the default stays on!!

My point is, yea a select few may have had a default wiped for whatever reason but it's not normal and they have no legal right to demand removal. If a creditor or dca agrees to your request then great but don't buy this nonsense that they readily remove them if you're stressed - that's utter bollocks.

If however you're referring to POST COURT (after you've beaten them and had it declared UE by a judge, then and ONLY then would you have any legal redress for damages etc. so as previously said, only a judge can order removal - but first you'd need to beat the creditor in court.

[dryburgh]

Re: newbie,, multiple defaults, had my head in the sand

can i get clarification, a cc debt in Scotland is statute barred after 5 yrs, but 6yrs in England? does the scottish debt then leave your credit report after 5yrs?

can i also refer to my earlier post in this thread #11, where 1st credit marked an account satisfied after i requested the signed agreement, prior to civil procedures, pre action protocols, don't ask me what that is, i just read it somewhere as a possible approach! i'm guessing the suggestion i am going to take them to court, marking the account satisfied was the simpler solution? i certainly be interested in all opinions on this

[dryburgh]

Re: newbie,, multiple defaults, had my head in the sand

re last post the 1st credit account default date on my report was feb 2012, account opened 2004

[MrsD]

Re: newbie,, multiple defaults, had my head in the sand

it is possible that Ist credit have sold the debt on, therefore marking it satisfied for them but whoever they've sold it to will then assume the default on it's original date.

as I said the CRAs will show the debt for 6 years, shouldn't be like that but it is but it is extinguished as far as Scots law is concerned so no one can take you to court.

Scottish court procedures are very different from the English system so the letters to worry about would come from a Scottish solicitor not the DCA.

as said previously, lie low, don't look at the CRAs as you know when it will be SB and everytime you go on there and confirm your details, you are telling everyone who looks where you are.

Our debts were SB in August 2015 and I still haven't looked at any credit reports, not really that interested and like to keep a low profile

[dryburgh]

Re: newbie,, multiple defaults, had my head in the sand

thanks Mrs D, I uploaded my CCA from egg/barclays to check enforce ability, has anyone had a chance to take a gander?