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  • Vanquis - non-complaint NOSIA

    Hello,

    I would be most grateful for help with a default which is the only blemish on my credit files and I want it gone so I can get a mortgage.

    I had a Vanquis credit card which started in July 2018.

    I had just begun self-employment but this didn’t take off, so I was not able to keep up with the credit card payments.

    I made a few payments but the account eventually defaulted after 8 months of its start date.

    Vanquis sold the account to Lowell a few months later.

    Lowell send letters here and there which I ignore and I do not have any payment arrangements with them but last week they sent me an email with a 50% discount offer.

    It got me thinking that I could negotiate default removal in exchange for the offer but this is unlikely to work from what I’ve read.

    A while back I made a SAR to Vanquis so I looked at the documents again and began researching any failures that could work in my favour.

    I found that Vanquis did not send a compliant notice of sums in arrears (NOSIA) as the contents are not as prescribed.

    I have read this means I was not liable for interest or default sums and that Vanquis could not enforce the account.

    Does this mean Vanquis should not have recorded a default on my credit files?
    And that they should not have sold the account to Lowell?

    If I make complain to Vanquis about this non-compliance with a view to getting the default removed, would they inform Lowell which would prompt Lowell to send me a compliant NOSIA and make the account enforceable again?

    I’m hoping not so that I can get Lowell to remove the default as well as Vanquis, but any help and advice will be most appreciated.

    Many thanks

  • #2
    they have to show a correct entry of facts i.e. default (non payment) default stays until 6 years eng/wales or 5 years scotland. sure others will comment also.
    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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    • #3

      Once a default is recorded on your credit profile, you can't have it removed before the six years are up (unless it's an error). However, there are several things that can reduce its negative impact: Repayment. Try and pay off what you owe as soon as possible.

      a very complicated issue .

      start a diary in the form of:-
      • Type of account (credit card/loan)
      • Date commenced (ideally before Apr 2007)
      • Approx balance
      • Date last paid (approximate date you last made a FULL payment)
      • Are you on arrangement or not paying
      • Status (default/in arrears/up-to-date)
      • Account owner (who is writing to you, a DCA or the lender)
      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

      Comment


      • #4
        I agree with The Tech Clerk
        Setting out a Diary entry will help you and AAD

        If the Account is Irredeemably Unenforcible it can be removed from the Credit Agencies Reports

        Comment


        • #5
          I like the sound of that, Roger.

          Would you by any chance happen to know what it actually takes to get an account removed from CRA reports on the basis of it being irredeemably unenforceable. In particular who would be able to successfully instruct a CRA to do that.

          For example, does a court have to decide that an account is irredeemably unenforceable before a CRA would agree to remove the account.

          This certainly needs looking in to.

          Comment


          • #6
            Originally posted by MisterK View Post
            I like the sound of that, Roger.

            Would you by any chance happen to know what it actually takes to get an account removed from CRA reports on the basis of it being irredeemably unenforceable. In particular who would be able to successfully instruct a CRA to do that.

            For example, does a court have to decide that an account is irredeemably unenforceable before a CRA would agree to remove the account.

            This certainly needs looking in to.
            Curtesy of Colin G Quinn
            I mentioned it here
            https://all-about-debt.co.uk/forum/d...08#post1545008
            ".. There was a recent CASE where if the Debt was UE then the account couldn't be reported! .."

            Found Colin's entry re above

            https://all-about-debt.co.uk/forum/d...87#post1544187

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