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Goooner

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  1. Just for info - Here is Equifax's reply to my question. "Credit agreement information remains on your credit report for a period of six years from the date that the account was settled or defaulted, whichever occurs first." So I guess the late payment markers will be removed 6 years after the date of the default.
  2. These are the markers I am referring to. On my Experian they are showing in some cases back to 2002. I might have guessed that it wouldnt be as easy as to expect all this negative info to disappear automatically.
  3. SF1961 I will have to chase several CC companies as the markers on my file are 5 years old. Thanks
  4. Please does anyone know if a default is removed from a credit file automatically after 6 years or do you have to go through the process of begging the company that placed the default to get it removed. Also the same question for late payment markers. Thanks
  5. Stevie My only advice to you is if you are prepared to go all the way then you can expect to be defaulted by them. Several years ago I did a similar thing, I had cable connected only to move home within two months (having asked if I could take the system to my new address). When I got to the new address I was told that they didnt supply cable to that road. I refused to pay as they wanted the full amount for the remaining 10 months. I then received a letter after several months saying they would take me to court, so I paid up at that point. It wasnt until a couple of years later I discovered they had defaulted me.
  6. Eastbourne CC have stayed my claim against Crap one even though the court received a letter from them saying they had paid me. Crap one then decided not to pay me based on the stay.
  7. Maybelline - at least you were sensible enough to check your credit file and then get the wrong info rectified. Rose - Were they mostly made up of charges? Mine were partly charges but were all satisfied 3 years ago and within a month of default. Wish I had declared meself bankrupt and not given them a penny. At least you and the other successes here give us all hope.
  8. Once again this thread was a great idea by TheAnalyst but it seems to have died. It would be nice to know over the last month or so if there have been more successes, particularly defaults that were not all made up of charges. Many people talk of going to court to get defaults removed, it would be nice to see the successes.
  9. Chris thanks for advice. I will go through the links later. Cheers
  10. Hi Chris Initially I went through the process of reclaiming approx £400 in charges. I had got to the stage where they had made me their first offer and I decided that I would also try and get them to remove the default that was on my file too. I defaulted with a few credit card companies in 2004 but I paid them all back in full. I believe all but one of them were paid back within a month of being defaulted. If they had been CCJ's then the courts would have ordered them to remove any record of the CCJ on payment within 30 days. My argument will be that they are supposed to be not as bad as a CCJ (although thats rubbish). So I hope a favourable judge would look on this in a similar way. This is the main part of the letter I sent to MS :- Further to this I have no recollection of ever receiving such a notice, and I therefore require you to substantiate this data at your earliest convenience. 1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account. I enclose a £1 Cheque in payment of the statutory fee, Cheque No : ****** 2. You must supply me with a signed true and certified copy of the original default notice 3. Any deed of assignment if the debt was sold on John
  11. 100mel I tend to agree with you. I have just checked my credit file again and it states that the last time one of my accounts was updated was 2004 (which was the time of the default). Therefore it is the CRA's that appear to be continually processing this information on closed accounts.
  12. I recently wrote to MS requesting CCA information and sent the standard £1 fee. Here is their reply :- Request under sec 78 of CCA 1974 We acknowledge that there is a duty on creditors to provide certain items of info to the debtor under sec 78 of the act. However, the act only imposes this duty on creditors during the currency of the debtor's credit agreement. As your account is closed, we are not required to provide the information that you have requested under the act. Reimbursement blah blah blah. Can someone tell me, have I requested the wrong thing? I know they cant just default me without explaining why and when. Help anyone please. JC
  13. Hi W.G Good luck with the default removal. Having followed various threads on here for months, you may be lucky and get it removed with little fuss or may be in for the long haul and have to try everything to get it removed. Only thing I havent seen yet is that someone has gone to court and the judge remove a default purely because there was no agreement. If there is a thread then I would be interested and will eat this piece of HTML. I know that people have started court action and then the creditor has backed down. But not gone all the way based on a default that wasnt made up of unlawful charges.
  14. Could an admin update the list please as Eastbourne CC are staying all Credit card cases.
  15. Hi Pinkerton. Ive just read being reading thru the posts here. Are you trying to recliam charges that were made unlawfully on your account or trying to not pay back money you have borrowed? Regards G
  16. Cheers Curly. I'm sure you are right G
  17. Good old MCOL. Crap one sent me a letter telling me to stop Court action as they were going to refund me the money in full. They sent a letter to the court too. 2 days later the judge stays the case and sends me a letter with a copy of Capital One's decision in it !!!!!! This becoming a farce.
  18. Thats ok Paul, I agree everything must be in writing otherwise they will always worm their way out of it. Also, make sure that all recorded delivery letters actually are delivered as I discovered a few days ago it isnt always the case. John
  19. Hi Nocredit, I'm not sure why you didn't ring when they suggested it to you. Morgan Stanley asked me to phone them and after I answered some questions to identify me they sent out the SAR. It wouldnt have done any harm to have phoned as well as written to them, seeing as you wanted this dealt with as fast as possible.
  20. This is my last contact with these people before I file with the court. Ellie Renshaw Capital One Bank Executive Office Manager PO Box 5281 NOTTINGHAM NG2 3HX Date: 26.9.07 Dear Ellie Account number – xxxx xxxx xxxx xxxx I have written to Capital One Bank several times regarding the above account. I have also asked several times to have the default that was placed with all Credit Agencies completely removed. You have stated what you believe the Banks “rights” are on this matter and I have also followed all correct procedures to get to this point. I would like to draw your attention to the fact that you have stated :- “However, we can confirm that a default notice was issued on 18 August 2004 and a statement of default was issued on 7 September 2004 in the sum of £xxxx.” I would like to draw your attention to the fact that this amount was repaid to Capital One Bank IN FULL on 10th September 2004. 3 days after I am supposed to have received a statement of default. According to the law, if this was a County Court Judgement I would be allowed the right to have this removed completely in Court from any Credit Referencing Agency as it was repaid within one month of issue. I repaid in full within 3 days!!!!!!! Apparently, a CCJ is far worse on a record in which case I ask for the last time for you to remove this default from ALL credit Referencing Agencies with immediate effect. This is the last time I will be contacting you about this as I now really believe that should I take this Court you will not be looked on favourably due to the number of times I have tried to sort this out instead of wasting Court time. Also the fact that it was repaid within 3 days I am almost certain will be looked on in my favour. I intend also should this go to Court to seek costs and damages that my family and I have suffered due to this default being placed on my credit files. I expect an acknowledgement of this letter within 5 days and a reply within 7 otherwise I will seek Court action with immediate effect. Yours truly, The Gooner Any thoughts??
  21. I have just had a read of my Equifax Report again. I noticed a statement in it that says that if a CCJ is repaid within one month of the date of judgement then the court will authorise removal of that judgement fron the register and your CREDIT FILE. So am I right in thinking that if these companies want to play by the rules, then my Defaults should be treated in the same manner!!!! I repaid all money owing to these !*^!!(!&!&(! within one month of default. One may have been 5 weeks after. Think I may have a case in court with these. Any advice please!
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