1. Is it LTD? 2. Did he provide personal guarantees? 3. Did RBS pay without following the correct procedure? (e.g, needed your husbands signiture also) If point 3 applies then they cant take you to court because your husband didnt sign unless only one signiture was needed If point 2 applies with or without point 1 then the news may not be good If its just point 2 then they are just an un secured creditor. If the con was going on for some time (its difficult to factor 100k worth of invoices in a month) then your husband may be liable, the judge will ask why he didnt notice letters from the bank and large deposits going into the account. Lets say 10 invoices where factored, thats 10k a month and a few letters that he was missing.

Im working on improving mine so I decided to take the chance. You cant just pay and get it set aside, you are basically having the case re considered which involves all the evidence looked at again and the judge makes a decision.

I got a court date now to get it set aside, Because of it being paid I dont see too much friction if any being created by me and YW as they do not have any interest in my case. Lets see what happens, beats waiting 5 more years

They cannot legally keep data or defaults showing when a debt becomes paid, They say they keep it for 6 years but that is not law just standard practice. You can have your defaults taken down. Write to the data controller of the lender, Tell them that your relationship is over and they do not have a right, nor did they reserve any right to keep processing your data once the account was terminated. Tell them that the default is causing severe hardship and must be taken down at once.

If you have ended your relationship with the bank etc who have been updating your credit file just SAR the bank and find a mistake (the most common is getting charged for a default notice) and complain and get them to take down the default, ensure that you state you have had hardship as a result and you should be ok. CRA's cannot legally hold your data once an account has been terminated as they rely on wording from your credit application that states "we will pass your information to a credit reference agency". If debt is outstanding then your relationship is not terminated untill all debt is satisfied. To save alot of headache talk to the lender if all is paid. If you have had adverse credit from an unregulated agreement such as a mobile phone then that is close to impossible to resolve unless there has been a genuine mistake on there part. The only way you remove your consent is when your relationship is terminated. CRA's are hard to deal with and rather taking months fighting them, it is alot quicker to get the defaults etc removed from the lender.

If you tell me exactly what needs deleting then I can provide an accurate answer

Unless that guy has a same/similar DOB then ok fair enough but things like this dont usually happen. It may just be id theft and not another guy

Saying you have been a victim of ID fraud will get a CIFAS entry on the credit score which may again get you refused (and CIFAS stays for a year). CIFAS is for direct identity theft and also people who make false applications so lenders do not take kindly to it.

Times are hard for aloit of businesses and borrowing is tough but not impossible. If you have adverse credit then its even harder.

Regarding the balance of 55k, If the mortgage has been cleared they may possibly return that because I know if they sell a house and it doesnt cover the mortgage amount then they bill you for the balance.

No and I think it is because anyone would keep spending the money even if they later argue that the CCA isnt valid. When it comes to court the judge will think if the CCA wasnt valid 1. Why did the defendant spend the money? 2. If the defendant knew the CCA wasnt valid did they make a complaint before? 3. Did the defendant bother checking before enforcement or demads from the creditor? The only way to go is through the CPR technique now. If they do manage to send you all the relevent documents then hope you get a good judge and brophy isnt quoted

and post 16

Read this and pay attention to post 3 http://www.consumeractiongroup.co.uk/forum/showthread.php?292722-Court-of-Appeal-Judgement-HSBC-v-Brophy-***LOST***

Understand your situation but jumpng the gun and getting rejected again will make you 100% worse. Once it is resolvd I would make a claim against Barclays. No sob story letters just a letter to state your intentions, then letter before action and then straight to court.

deleted

Not really beacuse the majority of decisions are automated. I would hold on because getting rejected a few times would worsen your situation. If you only had that search then I would wait untill all defaults are gone then take a shot.

I believe you can still claim back credit card charges

It is illegal to charge for a default notice 86 E (6) of the CCA states "the debtor or hirer shall have no liability to pay any sum in connection with the preparation or the giving to him of the notice under this section."

I paid them, I will be sending an n244 soon to see if could get the judgement set aside

There is also a strong case for compensation here. You have been given a bad rating for no reason which has resulted in you being turned down for credit (if you had no bad entries on your report before)

lol dont tell me its from Yorkshire Water? They did the same to me

Yes give them atleast 28days for surity send a copy of the letter to all 3 CRA's and it will either speed it up or guarantee it be done on time (they will verify with Barclays first).

CRA's like to play pass the buck! If you tell them to take data down then they will say ask the person who sends the data to do that. If you have CCJ's, IVA's or bankruptcies then they are allowed to hold that data as it is in the public domain. I have never seen or heard of a single case where someone forced the CRA's to delete all data (except automatic process requests which just stops computers making lending decisions) CRA's dont touch anything unless told to do so by either data controllers or the ICO

Talk to either registry trust or northampton/bradford

I would go down the surly bonds route