thought this was unenforceable but default??

[chunkymunkey]

Re: thought this was unenforceable but default??

Also, can they only default you more than once on the same account? What would happen if I had missed several payments in 2007 then paid once and them missed several more? Would this count as a totally seperate default?

[Never-In-Doubt]

Re: thought this was unenforceable but default??

Also, can they only default you more than once on the same account? What would happen if I had missed several payments in 2007 then paid once and them missed several more? Would this count as a totally seperate default?

That is what I suspect has happened in which case you win, they can only have one default per account so as you missed payments in 2007 the default date should be in 2007 especially as you've confirmed it was a credit card. They must do it within 6 months - you have a good fight with this.

Ok, next question - have you at any time applied for your credit report in the last 3 years - if so roughly when?

Cheers

[Never-In-Doubt]

Re: thought this was unenforceable but default??

Oh, okay, that is really useful. It was a credit card.

Excellent, thus they need to register within 6 months - ideally.

Is it generally easy to get them to change the date of the default? Or again very hard?

Very hard - but if you have proof that it's a duplicate etc then quite easy, once you provide the proof of duplication to the CRA's....

What happens after six years? It comes off your file in total and has no bearing on your credit rating, despite if it was settled or not?

Yes, exactly.

Sorry for all the questions, I appreciate your help.

You're welcome

[chunkymunkey]

Re: thought this was unenforceable but default??

I haven't had my credit report in the last 3 years.

I so have access to credit info online at annualcredireport, I signed up last year, though realise that this isn't the real thing.

Should I do that asap?

[chunkymunkey]

Re: thought this was unenforceable but default??

Very hard - but if you have proof that it's a duplicate etc then quite easy, once you provide the proof of duplication to the CRA's....

How do I go about this? I have done a SAR and have a paper copy of my none payment two months in a row in 2007? Is it a case of sending this info off to the CRA's?

[Never-In-Doubt]

Re: thought this was unenforceable but default??

How do I go about this? I have done a SAR and have a paper copy of my none payment two months in a row in 2007? Is it a case of sending this info off to the CRA's?

Hiya

You already did a SAR? If so look through it and specifically look for something headed "Default Notice served under s.87 of the Consumer Credit Act 1974"

Then post back here with confirmation that such a document does or does not exist within the SAR pack.....

If you have not done a SAR, please clarify.

No need to get annualcreditreport thing - that won't help right now.

[chunkymunkey]

Re: thought this was unenforceable but default??

Sorry for the delay. Yes, I have done a SAR.

There is no default notice anywhere in the SAR pack - either when I actually did default or when the default was added to my file. Nothing mentions default anywhere within the paperwork.

[chunkymunkey]

Re: thought this was unenforceable but default??

... one more thing that may be worth mentioning, is that the account was originally a marbles credit card, which was then taken over by halifax. I therefor did the SAR with halifax, but default is under marbles?

[Never-In-Doubt]

Re: thought this was unenforceable but default??

... one more thing that may be worth mentioning, is that the account was originally a marbles credit card, which was then taken over by halifax. I therefor did the SAR with halifax, but default is under marbles?

Ok, based on the data you have available...

1. Date you last paid ANYTHING to anyone for this account (ie the date you last paid Marbles, progressive, HBOS, a DCA etc)
2. Date of the default on your credit file
3. Who is the default in favour of on the credit file (ie what bank name added it)
4. Have you moved addresses since last payment until default date?
5. Do you have other debts or just this one?

Thanks

[Never-In-Doubt]

Re: thought this was unenforceable but default??

... one more thing that may be worth mentioning, is that the account was originally a marbles credit card, which was then taken over by halifax. I therefor did the SAR with halifax, but default is under marbles?

Actually Marbles was taken over by SAV Credit which is a derivitive of HBOS, who then went to Progressive Financial

So you'll find the new owner is now called Progressive

Old Owner ---> marbles | Sav Credit

New Owner ---> Progressive Credit Limited

[chunkymunkey]

Re: thought this was unenforceable but default??

Date you last paid ANYTHING to anyone for this account (ie the date you last paid Marbles, progressive, HBOS, a DCA etc)
Last paid a DCA April last year

Date of the default on your credit file
mid december

Who is the default in favour of on the credit file (ie what bank name added it)
Marbles

Have you moved addresses since last payment until default date?
No

Do you have other debts or just this one?
I have other debts, but paid down greatly from what they were. No other defaults/CCJ's

[chunkymunkey]

Re: thought this was unenforceable but default??

... six weeks after I made last payment, and said I wasn't going to make anymore because no CCA the SAR ino says "write off P&I" followed by the balance amount.

What might this mean do you think?

[Never-In-Doubt]

Re: thought this was unenforceable but default??

... six weeks after I made last payment, and said I wasn't going to make anymore because no CCA the SAR ino says "write off P&I" followed by the balance amount.

What might this mean do you think?

it means they have written it off as a business loss......

Ergo they've sold the rights by all accounts to a DCA, or simply decided it aint worth pursuing. Why not just leave it, forget it - you can't do much to be honest.

The thing is, the default may well be eligible to remain, if they can justify things however lets assume you paid a DCA until last April - by the time you missed a payment (May) and the time they updated things (June) means a default 6 months later is when? December.

My point is, you're arguing over a few weeks, it really isn't worth the fight - I would just forget it, don't write to them and see what happens. It aint worth the hassle and upset, trust me.

Wait a couple of years and this default won't affect much, other than the mortgage....

[chunkymunkey]

Re: thought this was unenforceable but default??

So, you are saying do nothing and let it stay on there for six years from last month? Or argue that I first defaulted 2007, and try and get the date moved back to then s it will only remain fr one and a half more years?

Thanks for all your help

[AhhWell]

Re: thought this was unenforceable but default??

Wait a couple of years and this default won't affect much, other than the mortgage....

I agree with that.

From having a zero credit score when all my dog doo hit the fan circa 2 and a half years ago to now i have a whopping 683 points credit score.

Still crap, but it is growing, and i got a naughty boy Credit Card from Cap One that i use to buy shopping on and when it shows on my statement i pay it off via internet banking.

BTW i have a circa £10k with Cap One that is in no mans land at the moment.

This man knows his stuff