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  • XX007
    replied
    Thanks Nightwatch. Yes I do have copies of my credit file showing the old information, it being removed and it reappearing.
    Last edited by XX007; 3 November 2020, 11:30.

    Leave a comment:


  • nightwatch
    replied
    I will see if I can find the letter I sent

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  • nightwatch
    replied
    Do you have a copy of your Credit File, showing the 1st default and date defaulted?

    If so it can be used as proof, to send to Equifax.
    It would show that they are not checking facts.

    it can also be sent to Nwide with a formal complaint about data recording.

    Leave a comment:


  • XX007
    replied
    Well Equifax came back yesterday to say they did not uphold my complaint. They said they would raise a dispute with nationwide to clarify if the data is correct and they have come back with a lightening quick response today to say Nationwide have responded and say the information is correct.

    I know the point you made about not rocking the boat is a good one but I really would like this removed.

    What would be the best tact now in terms of complaining to Nationwide.

    Leave a comment:


  • Joanna Connolly Solicitors
    replied
    Originally posted by XX007 View Post
    Hi Di thanks for the reply. Nationwide did come up with a CCA in the end and I think we decided it was probably enforceable on the basis of it being relatively recent.

    Shoosmiths were serious about getting a Tomlin agreement so I agreed a repayment of 70 ish per month. Around Feb 2019 I could not continue paying so stopped paying.

    Shoosmiths returned it to Nationwide in August 2019. Moorcroft recoveries started sending letters and I agreed a £10 per month payment to them.

    I have complained to Equifax about it. Do you think I should do anything else?

    I remember that now - it was in 2015 when I was PlanB on the forum.

    Nowadays there's more to unenforceability than just the credit agreement. The absence of a compliant Default Notice can sometimes demolish a case even if the credit agreement is compliant which is why I would be hesitant to ruffle feathers about the date etc in case it flags up an error made by Nationwide which they remedy.

    Having said that, Shoosmiths didn't issue a claim when you stopped paying them the agreed amount in February 2019 preferring to give it back to Nationwide so maybe they're not as convinced as they were about the enforceability, or maybe they had other reasons.

    Repayments of £10 per month would take 60+ years to clear the balance so keep your head down in case Nationwide decide to resurrect the legal threats, although you can let me or Colin know if they do

    See what happens next.

    Di

    Leave a comment:


  • XX007
    replied
    Hi Di thanks for the reply. Nationwide did come up with a CCA in the end and I think we decided it was probably enforceable on the basis of it being relatively recent.

    Shoosmiths were serious about getting a Tomlin agreement so I agreed a repayment of 70 ish per month. Around Feb 2019 I could not continue paying so stopped paying.

    Shoosmiths returned it to Nationwide in August 2019. Moorcroft recoveries started sending letters and I agreed a £10 per month payment to them.

    I have complained to Equifax about it. Do you think I should do anything else?

    Leave a comment:


  • Joanna Connolly Solicitors
    replied
    Originally posted by XX007 View Post
    [FONT=Arial][COLOR=#000000]
    Type of account Creditcard - Nationwide
    Date commenced October 2011
    Approx balance £7,040
    Date last paid April 2014
    Are you on arrangement or not paying – I madean arrangement with them to pay £6 per month
    Status default July 2014
    Account owner Nationwide recoveries

    July 2014 Agreed to my payment of £6 per month and defaulted me after I send income and earnings details.

    Around early Feb 2015 they left a message for me to call them back and told me they intendedto take action getting a ccj and putting an order on my house unless I paidthem a lump sum of approx. 70% of my outstanding balance told them I couldn't do this.

    February got a letter giving me 7 days to accept adiscount on outstanding balance without prejustice and to call them
    17th Februarygot a final notice giving me 14 days to get in touch and make an arrangementbefore court action starts
    17th Februarysend a letter asking if I can pay the offer in instalments but not had anyresponse yet

    I would imagine this is enforceable and I will need to make some sort of a further arrangement if I want to stop action. I see this as my urgent area at the moment.

    ^ ^ ^ Is this the Nationwide debt you're talking about?

    I can see that you received a Letter of Claim from Shoosmiths solicitors in March 2015 but I can't see any further updates except they appear to have accepted your offer to pay £6 per month to avoid legal action. Are you still paying them?

    You said at the time you thought this debt would be enforceable but what made you think that?

    Have you ever sent a CCA Request to Nationwide?

    If you make a complaint to a CRA about the Default date they will contact the debt owner which might draw attention to your file which may not be a good thing if it prompts them to issue legal proceedings.

    Or have I got the wrong debt and the wrong end of the stick

    Di

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  • XX007
    replied
    I see thanks Tech.

    I will complain to the CRA in the first instance and see whats said.

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  • The Tech Clerk
    replied
    Moorcroft are only collection agents on commissions if they collect, acting for Nationwide only, they have no powers only the hope you give then monies for which they keep a large % of.

    Leave a comment:


  • XX007
    replied
    Its Nationwide.

    I am making monthly repayments to a credit agency called Moorcroft but they dont appear on the equifax credit report it still appears as being owned by Nationwide.

    Leave a comment:


  • nightwatch
    replied
    Barclays, Nationwide & Lloyds did this to us, got Compensation off Nwide, Barclays couldn't even find the account that was showing as defaulted, so letter of apology and compensation.
    Lloyd's well they are a law unto themselves, experian removed it after I threatened to take them to court.

    Get tat complaint into the CRA's 1st.If it has been showing on your repoer they can see it is the same account, so they are at fault for not checking,
    is it the original owner that has done it, or has it been passed to someone else.

    Leave a comment:


  • Moonmonkey
    replied
    Originally posted by XX007 View Post
    Hello everyone.

    One of my cards had a default date of November 2014 and had recently fell off my credit report.

    It has now reappeared with a default date of december 2019.

    Should i complain about this?
    they shouldn't default you twice on the same account - who is it !! had problems with Creation / Lowell and Nationwide doing similar. Ended up getting compensation and corrected - defo put a complaint in.

    Leave a comment:


  • XX007
    replied
    Hello everyone.

    One of my cards had a default date of November 2014 and had recently fell off my credit report.

    It has now reappeared with a default date of december 2019.

    Should i complain about this?

    Leave a comment:


  • XX007
    replied
    Another couple of my cards have dropped off my file so the light at the end of the tunnel is a touch brighter today. A big thanks to all of the fabulous people who help others on here.

    Leave a comment:


  • nightwatch
    replied
    So is it just extended to Dec/Jan as I am assuming they marked your file Dec 14/ jan 15.
    enjoy your weekend

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