Start of my unenforceabilty journey

[unicorndeva]

Also, why is it good news if no default notice has been issued? The Empire Stores account (now with Arrow) is showing no default and Arrow have admitted that they cannot supply the requested CCA and will no longer chase this debt... does having no default help me?

[nightwatch]

a default should be sent to you so that you have chance to rectify it( pay the arrears) before it is registered on your credit file, one should also be issued before the account can be terminated and sold on,
It also means ( I Think) that if they did not issue a DN they cannot register one on your credit file.

[unicorndeva]

a default should be sent to you so that you have chance to rectify it( pay the arrears) before it is registered on your credit file, one should also be issued before the account can be terminated and sold on,
It also means ( I Think) that if they did not issue a DN they cannot register one on your credit file.

So how would I get this off my credit file? The account with Arrow should have been defaulted back in 2011 but wasn't. It was being paid up until last June when I asked for CCA. So now it's showing as unpaid each month (prior to that it was 'up to date') even though they've confirmed they'll no longer chase it. So essentially I'm in a worse position on my credit file than when I started this... not that I want to get any credit but it would be nice to have it clear.

[Joanna Connolly Solicitors]

If no DN was issued/served before the account was terminated and subsequently assigned to a debt purchaser, then the Claimant (if a claim were to be issued) would have difficulty in enforcing the debt in court.

(This can be slightly different in the case of loans passed their expiry date and overdrafts.)

Di

[unicorndeva]

So how would I get this off my credit file? The account with Arrow should have been defaulted back in 2011 but wasn't. It was being paid up until last June when I asked for CCA. So now it's showing as unpaid each month (prior to that it was 'up to date') even though they've confirmed they'll no longer chase it. So essentially I'm in a worse position on my credit file than when I started this... not that I want to get any credit but it would be nice to have it clear.

Any answers to this please? I'm just a bit concerned that the Arrow debt will stay on my file forever???

[nightwatch]

when you say it was being paid, was it on an arrangement to pay if so with who Arrow or OC

[unicorndeva]

when you say it was being paid, was it on an arrangement to pay if so with who Arrow or OC

It was being paid to Arrow (for 5 or 6 years) on a DMP up until June or July last year, I think (whenever I asked for a CCA). Since then Arrow have admitted that they cannot supply a CCA and will no longer chase this debt. However, just today my credit file changed and my score has gone down because they registered missed payments. I'd really like to be able to sort this one because, as my husband has reminded me, we will need to renew our mortgage soon and with interest rates going up, it would be good if we could shop around.

[nightwatch]

it could be that Arrow have registered the account as an arrangement to pay and when you stopped paying they defaulted it, I think you may need to SAR the original creditor to see if they issued a default, if ththey did you can argue with the CRA's that it should of been registered within 6 months of that date

[unicorndeva]

it could be that Arrow have registered the account as an arrangement to pay and when you stopped paying they defaulted it, I think you may need to SAR the original creditor to see if they issued a default, if ththey did you can argue with the CRA's that it should of been registered within 6 months of that date

Thanks Nightwatch.

It was a catalogue company, Empire Stores. Do they have to respond to a SAR?

[The Tech Clerk]

SAR request they have 40 days to respond if not contact the ICO

[unicorndeva]

Sorry to be a pain but I have a couple of questions re: defaults.
1) Having looked back through my remaining paperwork for Empire Stores I have found a letter stating ' Notice of Default Sums under the Consumer Credit Act 1974' but it seems to relate to an unpaid fee charge. Can that be taken as a notice of default?

2) Do companies have to default an account that has gone into arrears prior to selling it on?

Just thought I would ask this prior to issuing a SAR.

Thanks for taking the time to answer so far

[Roger]

Sorry to be a pain but I have a couple of questions re: defaults.
1) Having looked back through my remaining paperwork for Empire Stores I have found a letter stating ' Notice of Default Sums under the Consumer Credit Act 1974' but it seems to relate to an unpaid fee charge. Can that be taken as a notice of default?

2) Do companies have to default an account that has gone into arrears prior to selling it on?

Just thought I would ask this prior to issuing a SAR.

Thanks for taking the time to answer so far

I suppose you are referring to Diana's Entry of 9th January 2018, 17:43

If no DN was issued/served before the account was terminated and subsequently assigned to a debt purchaser, then the Claimant (if a claim were to be issued) would have difficulty in enforcing the debt in court.

The SAR will show ALL the information that EMPIRE have Or don't have on their records. This will also be the only information available to Arrow which is what you need to know.
You may find that your paperwork is more complete (or incomplete) compared with the SAR!!

[unicorndeva]

I suppose you are referring to Diana's Entry of 9th January 2018, 17:43



The SAR will show ALL the information that EMPIRE have Or don't have on their records. This will also be the only information available to Arrow which is what you need to know.
You may find that your paperwork is more complete (or incomplete) compared with the SAR!!

Sort of but I'm asking for clarification. I really need this debt off my file which (if it was defaulted when it should have been) it would be off by now. But I am also wondering what the legalities behind registering defaults are (including timelines) and whether their use of ' Notice of Default Sums under the Consumer Credit Act 1974' for an unpaid charge is legal? I will be issuing a SAR but what if their was no default issued and if so, how do I get this account off my credit file (I have asked this before but have had no answer... just wondering if anyone knows).

[Still Waving]

Sort of but I'm asking for clarification. I really need this debt off my file which (if it was defaulted when it should have been) it would be off by now. But I am also wondering what the legalities behind registering defaults are (including timelines) and whether their use of ' Notice of Default Sums under the Consumer Credit Act 1974' for an unpaid charge is legal? I will be issuing a SAR but what if their was no default issued and if so, how do I get this account off my credit file (I have asked this before but have had no answer... just wondering if anyone knows).

One step at a time

it could be that Arrow have registered the account as an arrangement to pay and when you stopped paying they defaulted it, I think you may need to SAR the original creditor to see if they issued a default, if ththey did you can argue with the CRA's that it should of been registered within 6 months of that date

Instead of 'what if's, why not get on and issue the SAR to get a clearer picture of what has been issued?

[unicorndeva]

One step at a time



Instead of 'what if's, why not get on and issue the SAR to get a clearer picture of what has been issued?

Which is what I'm doing but wondered if anyone had answers to these questions in the meantime! I'm sorry but I'm sensing a bit of hostility here and apologise if I'm upsetting anyone but thought this was the place to ask questions?