George Washing UE Diary

[Deepie]

Re: George Washington UE Diary

After 7 days they responded acknowledging letter and saying they will respond asap.

NEXT STEPS
Advice would be appreciated!

Just wait and see what they send

[George Washing]

Re: George Washington UE Diary

Does anyone have any idea why not all of my debts and defaults show up on my experian credit report.
I have credit card debts in my name (not joint) with natwest, mbna, capital one, but only my natwest overdraft shows.

Was sent default notices for the debts so am confident the defaults must be registered somewhere. Anyone else had a similar experience. Might the debts and defaults how up on different CRA?

thanks GW

[SXGuy]

Re: George Washington UE Diary

Default notice they send, and a Default on your credit file are two different things.

They dont have to add a default marker if they issue you a default notice, some may not have added it yet, others may have used equafax instead.

[Never-In-Doubt]

Re: George Washington UE Diary

Does anyone have any idea why not all of my debts and defaults show up on my experian credit report.
I have credit card debts in my name (not joint) with natwest, mbna, capital one, but only my natwest overdraft shows.

Was sent default notices for the debts so am confident the defaults must be registered somewhere. Anyone else had a similar experience. Might the debts and defaults how up on different CRA?

thanks GW

At this stage in the process you really need to forget the CRA's, unless you are literally referring to them for clarity on accounts held - the thing is for the next 3-4 years you can rule our any form of credit, so save your money on wasted CRA reports...

That said, if you're trying to establish a list of debts by the info on a credit report you will never get it right as certain lenders report to certain CRA's whilst some don't report at all whilst others report to maybe two of them, not all 3.

So in essence, it's a nightmare! Best to just send for a CCA for the debts you know you have and await threats from those you don't remember, at which point you send a CCA...

If you owe them money it won't take them long to start writing with the typical bull shit threats.

I did get your agreement, bear with me - will try and check it out later/first thing in morning.

[gravytrain]

Re: George Washington UE Diary

Indeed and sometimes they can place a record on your credit file without sending a section 87 CCA Notice.

The ICO guidelines recommend that a warning notice is sent 28 days before they notify the CRA
They can do this as soon as they consider your account to be in default.

Sometimes the ICO notice is included in the section 87 notice though and this is where i believe the confusion stems from.

[Never-In-Doubt]

Re: George Washington UE Diary

The egg agreement is sadly enforceable as it was a tick-in-the-box online application taken after April 2007

[George Washing]

Re: George Washington UE Diary

Thanks Niddy. ce la vie. Any advice on next steps with this one? Key think for me is to get a good credit reference as soon as possible, but equally to clear the debt in the most cost effective way.

Assume I should go back to paying them (directly now) the amount I was paying through CCCS? and then try again to get a F&F at some stage?

Thanks

[MrsD]

Re: George Washington UE Diary

or you could blag it for a while???

[George Washing]

Re: George Washington UE Diary

Thanks.

Any other advice for this enforceable load. Should I go back to paying them directly what I was paying on CCCS?

Should I do a SAR or anything else?

Am guessing I want to keep them on side as it is enforceable?

[George Washing]

Re: George Washington UE Diary

Hi all,

Would appreciate some advice please having CCA everyone on 29-10-12

1. Egg Loan - responded with paper work that Niddy says is enforceable. Do I start paying it again (was thinking about doing standing order for same amount we were doing on CCCS, then doing F&F at some stage)?

2. Capital One and Natwest sent signature requests, we responded with Niddys template but they are now sending final demands and moving to DCA.

3. The others have not responded or have said they are on the case - should I sit back or chase?

thanks very much

[ken100464]

Re: George Washington UE Diary

Perhaps a read of Elephant in the Room thread will make things clearer for you as to which way to go on this one?

[ScabHunter]

Re: George Washington UE Diary

Hi all,

Would appreciate some advice please having CCA everyone on 29-10-12

1. Egg Loan - responded with paper work that Niddy says is enforceable. Do I start paying it again (was thinking about doing standing order for same amount we were doing on CCCS, then doing F&F at some stage)?

2. Capital One and Natwest sent signature requests, we responded with Niddys template but they are now sending final demands and moving to DCA.

3. The others have not responded or have said they are on the case - should I sit back or chase?

thanks very much

1. Who is it with now, and what are they doing? Don't lay down your king until it is absolutely necessary.

2. Let them do so. They remain in default of your legitimate request, and this can be pointed out to the DCAs when they begin to harass. There is another advantage in having accounts sold to third parties - they buy them for a pittance, and are therefore more likely to accept a low F&F. Don't be thinking about that now, though, that is a long way off.

3. Sit back and wait. It is rarely a good idea to chase a DCA.

SH

[George Washing]

Re: George Washington UE Diary

• Type of account – capital one CREDIT CARD

• Date commenced - (2004)

• Approx balance
c - £3700
• Date last paid - December 2009 full payment made

• Are you on arrangement or not paying - 
Stopped CCCS payments September 2012
• Status (default notice april 2010 but no record of the debt or default on experian!)
• Account owner Capital one


HISTORY

July 2012 F&F offer made of c£1300 which was rejected

September 2012 – stopped payments on CCCS

29-10-12 CCA’d
7-11-12 signature request sent by Capital one
19-11-12 Capital one wrote asing us to restart direct debit with CCCS
1-12-12 Niddy’s template signature letter sent to Capital one
6-12-12 Capital one wrote to inform us they have instructed Fredrickson International to act on our behalf.
11-12-12 Fredrickson requiring payment in full to avoid further action
24-12-12 Fredrickson send later before action requiring payment within 7 days before immediate action is taken.

NEXT STEPS
Advice please - I am concerned that Fredrickson may try and take legal proceedings regardless of the CCA not being fulfilled and that they could produce valid paper work in court.

UPDATE
Hi there I edited the above post with some more info but wasn't sure if it would flag up as having changed. Bearing in mind that the 7 day deadline Fredrickson gave me has now passed, does anyone have any advice?


Thanks

[ScabHunter]

Re: George Washington UE Diary

UPDATE
Hi there I edited the above post with some more info but wasn't sure if it would flag up as having changed. Bearing in mind that the 7 day deadline Fredrickson gave me has now passed, does anyone have any advice?


Thanks

Freds have sent many letters headed "Letter Before Action" to members of this site, and so far none of those cases have progressed to a court. Where is Bryan "Brain Farter" Carter in all of this, as he is usually the one making the legal threats?

Nevertheless, if it is headed as an LBA it needs to be taken seriously. I would have a read of this post -

allaboutFORUMS - View Single Post - Slickfm UE Diary

and the ones surrounding it, and then compose something which will make it clear to them that their clients are still in default of s. 78. If there is anything else which you can add to the dispute, so much the better.

Crap One agreements of that vintage are rarely enforceable, so I would be prepared to take the risk that whatever they have will not be compliant. I think Freds are bluffing in any case. Look at the date on that letter. This is the second post I have made today in response to a letter dated 24th December, allowing 7 days. These letters are deliberately created to arrive after the deadline to elicit panic in the recipient. Don't fall for their silly tricks, but do give them a nice reply which will leave them nowhere left to turn.

SH

EDIT - I've just noticed one potential stumbling block - the letter outline from Paul mentions "Since you are a firm of solicitors", and obviously Freds aren't, so you'll need to word that paragraph slightly differently. The meaning is still the same, though. They shouldn't be throwing around Letters Before Action without getting their house in order first.

[George Washing]

Re: George Washington UE Diary

Sorry for having gone quiet.

I came across Paul the solicitor and have been working with him to sort by debts out and haven’t had the much time to add stuff to the forum.

Quick update:

Stopped paying and CCA’d back in late 2012 and have either found:
a) debt is enforceable so have set up token payment and will wait and see
b) they are refusing to comply (signature nonsense) – I am not paying until they do comply
c) they have sent through faulty paperwork – I am not paying until they send the right stuff

I have a quick question. My partner has about 6 debts all of which had defaults.

All defaults were from 2010 apart from Natwest overdraft which was December 2011. Complained and got this removed completely.

Am trying to do F&F as don’t want any new defaults (hope to have stella rating by 2016). Natwest have accepted our offer of 1100 F&F on a debt of 1600 but will mark as partially satisfied.
They have refused to mark as settled (despite numerous attempts) unless we pay off full 1600.

I am trying to decide if it is worth another 500 to get settled a better credit rating. Having started with 65k of debts it is peanuts.

I understand partially settled will stay on file for 6 years after the default but there is no default.

Therefore does anyone know how long it will stay on there? Am guessing it will stay on for 6 years from now so will harm my rating until 2019?

Any thoughts would be appreciated.