Default removal question?

[iceboy]

Hi;

I just would like to ask a question about default removal.

 

I have a few accounts shows on my credit reports as "defaulted". Some satisfied and some not.

 

As of satisfied accounts, i have no idea how they are satisfied! I havent paid nothing to them and have no idea why they show as "satisfied"

 

My question is, can i request the companies to remove the default from credit reference agencies.

 

This is because, since the accounts was defaulted, the contract i had with those creditors terminated. And so for them to process my data with CRA without my permission.

 

Im not trying to avoid the debts i have with them. I can pay them in monthly instalments. However, i need the default to be removed from CRA first and than i'll start making payments. And they also should not share any info with CRA even after removing default and accepting my token payments.

 

Can anyone give me some advice on this one? Any advice would be appreciated.

 

Many Thanks

[dx100uk]

Hi;

 

This is because, since the accounts was defaulted, the contract i had with those creditors terminated. And so for them to process my data with CRA without my permission.

 

i would be inclined to cca all these people.

 

though i dont understand what you mean by the contract being terminated, by who? them?

 

if you think defaulted means terminated, thats not true, it may have been passed to a dca

 

id start a thread in the debt section too, you'll get more takers there

 

dx100uk

[Hippy-chick]

I agree with dx

 

I'd start a thread here: http://www.consumeractiongroup.co.uk/forum/general-debt/

 

I'm not really understanding what you are saying. Do you think that when you stopped paying and you defaulted your contract ended? Surely not.

 

Why do you need this info to be removed from your file before you acknowledge your debt? You say you are able to make monthly payments. Surely entering into an amicable agreement to pay what you ackknowledge you owe is the best way forward?

 

Can you please post again giving more detail so we can advise you?

[iceboy]

Hi hippy-chick,

Sorry i think i couldnt clearly explained the matter. Im new to this and dont quite have any idea how things work!

 

I thought my contract was ended with them because i no longer have account with them. For example, Abbey took my cards and cheque books back, meaning; they closed my account. And i thought when the accounts is in defaulted and passed to DCA, it means the account was closed with them (thats wat i thought) And thats why i could no longer use those accounts.

 

I just want to remove defaults. If i need to acknowlegde the debt before they can remove the defaults, i will do so.

 

AS YOU SAID: IF I enter into an amicable agreement to pay what I ackknowledge I owe to them, will the default be removed?

 

However, some of the creditors i believe dont have any CCA as i have not signed any aggrements with them (ie. mail order agencies like littlewoods.)

 

 

 

I hope that is more clear than previous one. If not please correct me.

 

Many Thanks

[Hippy-chick]

Hey iceboy

 

Yes, that's clearer.

 

I think this thread needs moving to the Debt Forum so you can get some help from more qualified members. So I'm going to report it and ask that it's moved.

 

xx

[MARTIN3030]

Thread moved here.

Firstly you should ask for copies of your agreements under the CCA. if you dont think you owe them.

Rules on the management of paperwork relating to the 1974 CCA act in particular of agreements were tightened up in mid 2005.Although it IS possible to get copies of these,it is more of a certainty post this date.

You state that you have made an agreement and have paid/are paying off an amount.

If you agreed to pay but were not aware at the time that the account was as a result (or partly) from unlawful penalty charges...you have an arguement to dispute it now,on the basis that media attention has now made you aware of these facts,and that you would not have agreed anything if you would have known at that time.

Its a process of several things that you need to do here.

I have no doubt your questions will be answered in these forums.

[Hippy-chick]

Thanks Martin.

 

Nice to see our mods acting quickly in response to requests.

 

[MARTIN3030]

HC I always act quickly.....ask the Ex what I did when I caught her cheating !!!

[Hippy-chick]

LOL Martin

 

Please start a thread in the BG and tell all.

 

[rory32]

Basically if you look at what a default notice is and what a default means, a default notice informs you of a breach in the agreement and what you can do to remedy it. If you don't recrify the default notice the agreement can be treated as terminated in law.

 

This does not mean they no longer have the right to process your data or pass the debt to a third party. What this does mean, however, is that the creditor can now enforce the agreement by legal action.

I just want to remove defaults. If i need to acknowlegde the debt before they can remove the defaults, i will do so.

As Martin has stated if there are charges on the account there is case law to support that if the amount stated on the default notice is incorrect then the default itself is legally invalid and should be removed.

 

However, you really need to include the default removal as part of any claim for charges rather than treat them seperately. If, for example, you were awarded the charges as an out of court settlement by the creditor the judge may decide that the default notice still stands as being accurate as the judge did not rule on the charges issue.

[rory32]

Please start a thread in the BG and tell all.

 

Please don't

[Hippy-chick]

Please don't

 

Spoilsport.

 

[iceboy]

Hi;

Thank you all for your answers.

 

Martin, i have not made any agreements with any companies YET. And am not planning to do so until they provide me with CCA. If they cant provide me with the CCA, they cant process my info to CRA, am i correct? Only the original debtor can do this and this is only if they have any such agreements.

 

Im happy to pay them back. Im in full time employment and not trying to avoid anything. Only thing i want is them to remove the default from CRA. And if they dont have the CCA, they have to remove the default from my files. I hope im correct on this one.

 

 

Rory, you said : "If you don't recrify the default notice the agreement can be treated as terminated in law" And the creditor can take legal actions to enforce the debt. Can they still do that if they dont have CCA?

 

I think this is the most important thing. I think i should just request CCA from them all and carry on with the proccess afterwords depending they provide it or not!

 

Also on more last thing, is the amount was made up with charges and i request them to refund the charges back and remove the default; can they re-apply a default on my DRA for the correct account they believe? I mean the balance after the charges beeing refunded. Can they re-place default on it?

 

Thank you very much for your responses. I really do appreciate it.

[rory32]

Can they still do that if they dont have CCA?

 

Yes. You would the have to defend it on the basis that they don't have copy of the agreement. Most people are not aware of this so wouldn't do it. If they don't have a copy of the agreement this is a complete defence.

Also on more last thing, is the amount was made up with charges and i request them to refund the charges back and remove the default; can they re-apply a default on my DRA for the correct account they believe? I mean the balance after the charges beeing refunded. Can they re-place default on it?

You can't not acknowledge a debt and ask for the charges back. However I believe I covered this point in my previous post

However, you really need to include the default removal as part of any claim for charges rather than treat them seperately. If, for example, you were awarded the charges as an out of court settlement by the creditor the judge may decide that the default notice still stands as being accurate as the judge did not rule on the charges issue.

If you went to court and the charges are refunded the default would be invalid. They can not simply reapply a default with a new amount.