Yes they can make those searches. It is in the T&C of the original credit agreement. However an unrecorded searches is not visible to lenders when you are applying for other products.

I can't agree with this post. You don't need to put your daughter in the frame. I would re-iterate again, as I said above, that this would only be the case if the debt was not SB. If it is still current you do not need to pay a debt taken out in your name by someone else. And I NEVER told the poster to drop his daughter in it!

You say you have moved - if you write to Cattles/Welcome with your new address or do a credit check and provide your new address it will create a link. Just something to consider..

I was wondering that myself, but didn't want to say anything!

Oh i quite agree. My point would only be relevant if the debt turned out not to be SB - my point was that even if a payment has been made it does not make you liable for a debt someone has taken out in your name without your consent. It is just that you would need to try to prove that.

Under the FSA/OFT rules they must allow you to decline credit limit increases and to opt out of future increases. So yes write to the FOS to complain

Hmm.. don't forget then when you take out a 'doorstep' loan you give consent for them to call and collect. I am not sure that you could then revoke that whilst the contract remains in force. Tell me I'm wrong by all means but I am not sure I am..

If the debt is not yours of course you do not have to pay it, but in your circumstances, I think you would need to put your daughter in the frame. The fact that it is in your name and that you have made a payment does not in itself mean you are now liable. However you would I think need to explain what has happened which I guess you don't want to do?

If the debt is barred then it is barred as the other posters have made clear. You just need to be sure it is. If there have been (a) no payments towards the debt by you, (b) no admission of the debt by you and © no legal action commenced by them for a period of six years then it is barred. It matters not if you started making payments afterwards or made admissions that the money was owed afterwards. As you have all your statements you need to check very carefully that the criteria apply. If they don't then the debt is not barred. Only you can answer that one. If a court summons does turn up then you must deal with it. If you ignore it or do not respond in time you can still get a judgment against you because you have not disputed the claim. They can send a debt collector round to knock on your door but they have no power other than to ask you to pay. They cannot send a bailiff round without getting a court judgement first.

Yes but the poster has a CIFAS flag against their name - that may well preclude a Cashplus card - whilst they advertise the card as available to all the small print will allow them to turn down applications and this might be a circumstance where they do. I don't think there is anything to be done until the flag is sorted out.

That sounds right - wait for the next bill to be generated and see what that says.

The agreement was terminated by the lender yes? In which case that would be the date of default. A copy of the termination notice should confirm that and enable you to put the default date back two years. a default is issued prior to a termination. it gives the debtor 14 days to rectify and after 14 days has elapsed the creditor has up to three months to register a default a termination notice can be issued at any time, an account does not have to be defaulted to be terminated, as long as advance notice has been given an acount can be sold after default without termination also I give up -

ignorence is bliss , so in a sense i agree I dont know what that is supposed to mean. I think I'll give up on this one

Bought April 2008 Agreement terminated in September 2009 Default on Experian March 2011 Car taken Yesterday Almost 3 years to the day. The agreement was terminated by the lender yes? In which case that would be the date of default. A copy of the termination notice should confirm that and enable you to put the default date back two years.

you cannot do a vt and owe nothing with arrears outstanding or it would be a voluntry surender vt- voluntry termination pay 50 % and owe nothing Which is what I said. But neither apply here as the car was repossessed and may well have been with a court order although Catflap doesn't remember getting one. Civil law and it's interpretation is about what the court considers to be reasonable. In this case the lender's representative came to the door, said they were repossessing the car and Catflap (presumably) handed over the keys and didn't instruct them to leave (again, presumably).

Yes it is but we are talking about what happens in real life not what is theoretically correct.

The lender could also require you to pay any overdue amounts even if you did voluntarily surrender the vehicle may i ask what over due amounts you are thinking of???? Well, any instalment due that has not been paid - what else could it mean? If I owed on a hypothetical loan the Jan, Feb and March payments, and I chose to make a voluntary surrender in April because over half the repayments had been made, that would not wipe out the three overdue payments. You cannot 'back-date' a voluntary surrender of a car under an HP agreement. It is true that a car on a driveway or private parking space is technically on private property but in reality, unless it is closed off, I think it unlikely that a court would say that walking onto your driveway to take the car was a serious enough trespass to warrant the repossession itself unlawful. A DJ in a county court makes his or her decision on what they consider reasonable in the individual circumstances and it frequently comes down to the individual Judge rather than the letter of the law.

Yes getting a copy of your credit file from Experian (that is who Santander use) is the first step. That will show the CIFAS flag. Until you know exactly what is there anything else you do is really speculative. Do that now, don't wait.

The default notice is effectively issued whenever the lender considers the agreement to have broken down and if they left it for over three years I would be astonished. That is why I suggest that you need to get hold of all the paperwork and all the correspondence and notes from Black Horse before you decide what to do.

Ok - just to clarify, as this was an HP agreement then Black Horse can recover the car without a court order unless at least 1/3 the whole amount due under the agreement (inc interest) has been paid. That would exclude any default charges etc. Furthermore, as the loan is secured on the asset, as you say, only any shortfall can form part of the bankruptcy. The asset still remains security for the debt, as you home would in the case of a mortgage. In this case it seems that BH have been to court anyway. Additionally, the amount you have paid has no bearing on the default notice, so I am afraid that the OP above is wrong there. If the agreement has been broken, and it clearly has, then BH can issue a default notice. They cannot however issue more than one for the same default. If more than one has been issued the earliest applies. Under HP you can voluntarily terminate the agreement after at least half the amount due has been paid, but you would need to do that yourself - a repossession would not count. The lender could also require you to pay any overdue amounts even if you did voluntarily surrender the vehicle. I don't see that this can apply here. As well as a copy of the credit agreement (CRA) I would also seek a full statement of account and details of all the correspondence sent and received as well as details of phone calls which will be noted on your file. You also need to ask about the date and court location of any CCJ/repossession order. Until you have all the facts to hand I don't think you can decide on a way forward with this..

You should be ok for a savings account but you really need to get to the bottom of that CIFAS flag asap.

If the CIFAS flag is a protective one - ie to protect you, then it should not be affecting your applications other than to require each one to be looked at manually rather than via an automated process. . If the flag is the reason that you are turned down then the bank should, in the broadest terms, explain this to you. If the flag is a protective one there would be no point in you adding any comments either as there is nothing for you to explain. You can get a card based savings account from lots of places such as Nationwide and the Halifax. You can then have funds from earnings or a student loan paid into it. You cannot use it as a bank account so no direct debits, or debit card. However if you do not have a fraud warning against your name then there must be another reason for you to be turned down for a current account, and as such you really need to find out what the flag is for before you can move on. Check your credit file. It will tell you how long the flag will remain for. New information is basically something that has not already been taken into account. In other words there is no point in appealing the flag because 'it's not fair' or 'I can't get an account'. It should be something like 'this flag is inappropriate because...' But I would re-iterate that you must find out why the flag is there - presumably as you know there is a flag you know the reason? Without that knowledge you cannot move on.

Originally Posted by Young Terrified Student Hiya, im a student at college about to finish my A-levels and in the process of applying for unis. Basically i managed to get a CIFAS warning on my name last July and since then i have applied for two accounts and been declined! This has had and still is having a detrimental effect on my life. It is really really ruining my life! I need an account to apply for student finance to go to university in september! I aslo need an account to get a job. My mum has offered to pay for my tuition fees, but i still need to complete a student finance aplication! and one of the steps to completing this is registering your bank account details! I feel like my life is over honestly, is there anything i can do?? Also since i applied for two accounts and have been refused since last July 2010 does that mean this has also been imprinted on my credit file and my CIFAS warning extended. If im being 100% honest i am actually suicidal, (and im a pretty rational person) i feel my life is ruined and im only 18! ALL I WANT IS A BANK ACCOUNT, No credit card nothing PLEASE PLEASE PLEASE HELP ME SOME ONE! There are different types of CIFAS flag. Many are there to protect the subject, such as when your identity is hijacked or your address used by a fraudster. None of these should stop you getting an account, but they will slow down the application process. However if the flag relates to you and something you have done that is a different matter. If for example, you have been dishonest and put something on an application form for credit which turned out to be untrue that could result in a CIFAS fraud flag against your name personally. In those circumstances I am afraid that nobody (as far as I am aware) will open a current account for you, including a basic account. If this applies to you, and you don't tell us the sort of flag it is, what you need to do is check your file at one of the credit agencies and see how long the flag is due to remain for. If it was a minor misdemeanour then it may only be a year. You can also appeal to the provider that put the flag there is you have new information (I need an account because... isn't new information though) and you can also appeal directly to CIFAS if that fails - same criteria apply. Otherwise you will have to make do with a savings account for receipt of funds etc (many have sort code, account number and usually an ATM card) until the flag has gone. To answer your other questions, yes each application for an account will result in a credit search footprint, but no it will not extend the life of the CIFAS flag in itself.

Hi Sulksy I think the chances of a lender giving a fresh mortgage without a credit check are virtually non-existant. However, if you are staying with your current lender then the impact a bad credit rating has is likely to be lower, because if there is any risk as a result of your financial status, the C&G are stuck with it anyway. I would suggest that the important question is whether or not the new mortgage will increase or decrease the risk for C&G. By that, I don't just mean the monthly repayment but the loan to value ratio etc. You suggest that your rating is going to be hit badly. Does that mean it hasn't been yet? If so you might want to get your remortgage sorted out asap. If it has already been damaged then it might be best to visit the lender and discuss it. I know that other posters will say that in reality all lenders tend to be less sympathetic in real life to those in trouble than they like to pretend, but in your case, I think this is probably the best route, unless anyone knows different? FYI - I don't know if it helps but I recently extended a portion of my current mortgage that was being paid paid over a shorter period, to match the length of the main mortgage. That was to reduce the monthly repayment. All I had to pay was a £50 fee. My lender (Chelsea) did not undertake any kind of credit check. Maybe changing your mortgage term, even for a short while, would be another option?

Then we certainly are not, because I don't think that Jacqui_O's particular case stands a chance using The Fraud Act!