tom-rad's unenforceability diary

[tom_rad]

Type of account- Catalogue (shop direct group)

Date commenced- December 2006

Approx balance- £911

Date last paid - Jan 2010

i was making payments on arrangement up until recently but stopped paying around 2 months ago

Status- (defaulted on 20/6/2012 by lowell who never even sent me any statements/ letters until 10/07/2012!)

Account owner- recently started receiving letter from Lowell

unsure weather to send cca request first any help greatly appriciated, i have had 2 letters from lowell stating we can help you, debt outstanding etc

[Undercover Elsa]

Re: tom-rad's unenforceability diary

Well done, Tom...was this taken out online?

[tom_rad]

Re: tom-rad's unenforceability diary

Well done, Tom...was this taken out online?

cheers shep, yes it was taken out online, Lowell had the cheek to include the last 3 things i ordered last 1 being nov 2009

[Undercover Elsa]

Re: tom-rad's unenforceability diary

OK..I have to go as I've got to cook Sunday dinner, but others will be along shortly. I've flagged it up for attention...

Catch you later,

Shep x

[MrsD]

Re: tom-rad's unenforceability diary

Hi Tom

welcome to AAD

is this your only debt?
and have you a default from the muppets?

[tom_rad]

Re: tom-rad's unenforceability diary

Hi Tom

welcome to AAD

is this your only debt?
and have you a default from the muppets?

Hi evenless no this isnt my only debt but the others i am still using and have no missed payments etc, yes they defaulted me on the 20th of june this year according to my credit report but i had never even heard of lowell until about 2 weeks after that when they sent me a letter stating they now had the debt and for me to set up a payment plan.

[MrsD]

Re: tom-rad's unenforceability diary

Ok Tom

you understand that that default will trash your credit record?
it will make it difficult to get any more credit and any credit you have will probably hike the interest rates, just so that you are aware.

So had Shop Direct (aka the muppets) not defaulted this previously?
Can you remember when you originally defaulted, ie didn't pay at least the minimum asked for?

What I'm try to establish is that the default was lawfully issued, ie it wasn't a mistake or a cockup by the muppets.

[tom_rad]

Re: tom-rad's unenforceability diary

Ok Tom

you understand that that default will trash your credit record?
it will make it difficult to get any more credit and any credit you have will probably hike the interest rates, just so that you are aware.

So had Shop Direct (aka the muppets) not defaulted this previously?
Can you remember when you originally defaulted, ie didn't pay at least the minimum asked for?

What I'm try to establish is that the default was lawfully issued, ie it wasn't a mistake or a cockup by the muppets.

yes i remember checking my credit record in late 2009 which was around the last time i made a full payment and shop direct group had defaulted me however theres no record of this on my account today only the debt which is owned by lowell which states they issued me with a default in 2009. i dont no wether the shop direct default is gone or wether its just not displayed on this current credit check i used checkmyfile.com

[tom_rad]

Re: tom-rad's unenforceability diary

yes i am very aware that the default will hinder me in the future im just as upset about that than having to possibly find a spare £900 dont understand how they can give me a defualt so long after credit agreement got cancelled this is one of my main reasons for looking into the unenforceability issue as i read somewhere that lowell have cancelled accounts aswell as defaults in the past

[MrsD]

Re: tom-rad's unenforceability diary

Ok, the Westcot default should be the same date as the muppets one, so that's according to process.

i would suggest as a first step that you send off a CCA request

Our Templates | Unenforceability Templates | CCA Request

just so that you understand that using UE is not a fast process, if this comes back as UE, you will have to fend the creditor off for 6 years/5 in Scotland before it becomes statute barred.

You should have a wee read around the diaries just so that you are aware of the full implications.

Also no chatting to anyone who phones about this, everything in writing from now on in. When they send something back, come on and let us know.

Good Luck

[MrsD]

Re: tom-rad's unenforceability diary

Hi Tom

it's the same default, they've passed it on to Westcot and they've assumed the default but it should still be dated 2009, unfortunately because you were in an arrangement, those three years don't count towards SB.

With that in mind, personally if you can pay this off, it would probably repair your credit quicker than looking at UE, depends on your circumstances. Going for UE won't help for at least 6 years.

[tom_rad]

Re: tom-rad's unenforceability diary

Hi Tom

it's the same default, they've passed it on to Westcot and they've assumed the default but it should still be dated 2009, unfortunately because you were in an arrangement, those three years don't count towards SB.

With that in mind, personally if you can pay this off, it would probably repair your credit quicker than looking at UE, depends on your circumstances. Going for UE won't help for at least 6 years.

Ok thanks for all the help still a little unsure about this default though to be honest mate it clearly says default date june 2012 and reported until 2018, is it possible for them to do this? Another thing is if i send a cca request and they coudnt send me my details wouldnt that be grounds to have this recent default removed? again thanks for your time

[Susie]

Re: tom-rad's unenforceability diary

I think you need to separate the default and the CCA request, as you have defaulted in that you did not pay the minimum balance you will have the default registered as it shows the true status of the account, however once it is put on your credit file it must keep the original date and cannot be added twice, it can be transferred to whoever owns the debt if its sold on. If the date gets changed you can get it changed back to the original date though.

The CCA request is to see if the original agreement is enforceable, if its not you celebrate and if it is you play them as long as possible and see what happens!

[MrsD]

Re: tom-rad's unenforceability diary

ok

in one of your previous posts you said the default from lowell was dated 2009 as it should be.

is this what is showing on your credit report, the paper default may be different but the default that affects your credit record is on the CRAs?

Even if it shows up UE, the best you can hope for with a default is to have it correctly dated, ie 2009, they almost never remove defaults, you didn't make the required minimum payment so in fact you defaulted.
sorry but that is unfortunately the way things work.
whether or not the account is UE has no bearing on the default and it won't make them remove it
if it went to court(unlikely for this amount but not entirely unknown) and the default notice was bad, then it could have some bearing but generally not in a court situation it is very rare to have default removed, they would need to have messed up big time.

[tom_rad]

Re: tom-rad's unenforceability diary

ok

in one of your previous posts you said the default from lowell was dated 2009 as it should be.

is this what is showing on your credit report, the paper default may be different but the default that affects your credit record is on the CRAs?

Even if it shows up UE, the best you can hope for with a default is to have it correctly dated, ie 2009, they almost never remove defaults, you didn't make the required minimum payment so in fact you defaulted.
sorry but that is unfortunately the way things work.
whether or not the account is UE has no bearing on the default and it won't make them remove it
if it went to court(unlikely for this amount but not entirely unknown) and the default notice was bad, then it could have some bearing but generally not in a court situation it is very rare to have default removed, they would need to have messed up big time.

ok thanks again