thought this was unenforceable but default??

[Never-In-Doubt]

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

you didn't default in 2007 though did you - weren't you paying the dca from 2007 till last April?

[Never-In-Doubt]

Re: thought this was unenforceable but default??

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.

Bear in mind this score is a random number generated from a similar style machine to this: ---> RANDOM.ORG - True Random Number Service

Please, save your cash that score means nothing - nothing whatsoever!

[AhhWell]

Re: thought this was unenforceable but default??

Bah.

Was well chuffed when i saw it.

How does a credit score work then

[chunkymunkey]

Re: thought this was unenforceable but default??

Yeah, when it went over to robinson way, I was making regular payments again, but before it was referred there I missed loads of payments when it was credit card (hence it going to a DCA i guess), in 2007 I missed three in a row, then paid a month then missed a further.

Does that not count as the beginning of the original default if I then go back to regular payments with a DCA?

[chunkymunkey]

Re: thought this was unenforceable but default??

... Also, one final question then I promise to leave you in peace

.. since they didn't send a letter of notice, could I not write a letter saying they didn't and get them to send one and when they do just pay in full before the notice period is up? Would that not get it removed? Clutching at staws, I know.

[Never-In-Doubt]

Re: thought this was unenforceable but default??

Bah.

Was well chuffed when i saw it.

How does a credit score work then

Sorry to disappoint, it is usually the CRA's perception of how a lender would score you. best way to clarify this, how would Experian know your score when each lender uses their own scoring methods? They wouldn't - otherwise all Experian staff could fiddle the system and get perfect scores with the highest limits.....

Its a well guarded secret but basically a lender is the only person that scores you and the way they do it varies from lender to lender. Rule of thumb, they combine personal details, past history with that bank, past credit history, current credit history, cifas, n hunter (ie fraud prevention) data etc.... your age, address etc don't come into things.. They are not scored based on demographics, but instead scored on likelihood to fail based on past applicants that are categorised and scored accordingly.

Scores are a well guarded secret.

You get sub-prime and prime lenders so whilst Vanquis will lend to high risk people, Barclaycard may well not. Thus Barcklays APR may well be 6.9% whilst Vanquis is 39% - i.e. the higher the risk, the higher the rate and lower the limit.

Its too complex to explain but that's about the size of it.....

[Never-In-Doubt]

Re: thought this was unenforceable but default??

Yeah, when it went over to robinson way, I was making regular payments again, but before it was referred there I missed loads of payments when it was credit card (hence it going to a DCA i guess), in 2007 I missed three in a row, then paid a month then missed a further.

Does that not count as the beginning of the original default if I then go back to regular payments with a DCA?

Unfortunately no, they were well within their rights to not default you after 3 months, the moment you paid you could have brought it out of default etc - point is, you paid thus you kinda messed up. They can default between month 3 and month 6 remember...

You need to forget this and see what happens in time, serious - you're trying to stop the Titanic from sinking - too late, already happened I'm afraid....

[Never-In-Doubt]

Re: thought this was unenforceable but default??

... Also, one final question then I promise to leave you in peace

.. since they didn't send a letter of notice, could I not write a letter saying they didn't and get them to send one and when they do just pay in full before the notice period is up? Would that not get it removed? Clutching at staws, I know.

why would you want to do this if you have other debts?

Are you 100% sure that no DN was issued? if not then you complain to the FOS and demand they allow you the 14 day remedy period to settle the debt - the FOS may be able to tell the bank to do this, as after all you are entitled to 14 days to bring the account out of arrears within s.87/s.88 CCA1974.

[AhhWell]

Re: thought this was unenforceable but default??

Sorry to disappoint, it is usually the CRA's perception of how a lender would score you. best way to clarify this, how would Experian know your score when each lender uses their own scoring methods? They wouldn't - otherwise all Experian staff could fiddle the system and get perfect scores with the highest limits.....

Its a well guarded secret but basically a lender is the only person that scores you and the way they do it varies from lender to lender. Rule of thumb, they combine personal details, past history with that bank, past credit history, current credit history, cifas, n hunter (ie fraud prevention) data etc.... your age, address etc don't come into things.. They are not scored based on demographics, but instead scored on likelihood to fail based on past applicants that are categorised and scored accordingly.

Scores are a well guarded secret.

You get sub-prime and prime lenders so whilst Vanquis will lend to high risk people, Barclaycard may well not. Thus Barcklays APR may well be 6.9% whilst Vanquis is 39% - i.e. the higher the risk, the higher the rate and lower the limit.

Its too complex to explain but that's about the size of it.....

Makes sense i suppose

Thanks for heads up and lesson learnt

[Riz]

Re: thought this was unenforceable but default??

If they issue you with a default notice on the account which isn't rectified, then that is a clear and undeniable indicator that a default should be registered with the CRAs.

If they haven't done this when they should have then this may be cause for a compliant.

Otherewise, where that hasn't happened and you've entered into various payment arrangements, then the "indicators" of a default become much more subjective.

In general a default should be recorded when the relationship between you and the creditor has "broken down". But how you define that exactly is the hard part.

- If you have not paid and not made an arrangement for 3 months or over, that is a fairly clear one.
- Or if arrears mount up to over 3 months worth of contractual payments. That is another fairly clear one. Although one not often adhered to.

When you are starting and stopping payments, coming to an arrangement and then not, it all gets very muddy.

Perhaps the best thing you can do is give this a careful read.

ICO - Technical Guidance Note - Filing defaults with credit reference agencies

That explains under what circumstances the ICO thinks it is fair to record a default, how long creditors should wait etc.

It's a confusing read at time, but if nothing else it will give you an idea why this can be such a grey area.

If after reading that you can say "from that they should have defaulted me by xx/xx/xxxx date" then you may have a case for going forward with a complaint. But unless you post the entire detailed payment and negotiation history, then you are probably the only one who can make that call.

[Fribourg]

Re: thought this was unenforceable but default??

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.....

How important is if the default notice doesn't show at all on the SAR papers received??

[chunkymunkey]

Re: thought this was unenforceable but default??

why would you want to do this if you have other debts?

I just thought that right now if I could save a default from going on my file it would be a priority over other debts.


Is a resolved default much better if trying to get a mortgage or just as bad really? If just as bad, guess may as well focus on other debts before any of them further mess up my credit

[Never-In-Doubt]

Re: thought this was unenforceable but default??

In general a default should be recorded when the relationship between you and the creditor has "broken down". But how you define that exactly is the hard part.

Hmmm I forgot about this, as a result s.10 would kick in "

• The account has been referred to a collection agency or in-house debt collection department."

Thus as it had been sold, in essence the default should then be the same month as that.... However we then look at s.11 which goes into timeframes and we see

• " Accounts should normally be filed as being in default where those payments due have not been received for six months"

So it all depends on the payment history...

Thanks Rizzle, good thinking

[Never-In-Doubt]

Re: thought this was unenforceable but default??

How important is if the default notice doesn't show at all on the SAR papers received??

only that they cannot enforce. That's it.

[Never-In-Doubt]

Re: thought this was unenforceable but default??

I just thought that right now if I could save a default from going on my file it would be a priority over other debts.

Is a resolved default much better if trying to get a mortgage or just as bad really? If just as bad, guess may as well focus on other debts before any of them further mess up my credit

a default is a default, paid or not. However if we can find errors then it'll be easier to negotiate F&F for default removal - so have a read through the SAR tonight and post rough dates you made payments, for example like this:

• 2008 - Paid Jan, Feb, May, Oct & Dec
• 2009 - Paid May, Oct & Dec

That way we can establish the true default date....