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  1. DMDR

    Defaults

    Hi, this is my first post so please feel free to correct me if I am following the correct etiquette. A long term relationship ended in 2008 which left me with a large amount of debt, some of this debt was ignored until it caught up with me over the last two years, I have now paid off all these debts but the defaults are still hanging over me, they are dated Sep 2008 and 2 of them for Dec 2008. I understand they will be removed from my credit report next year. Other than these items my credit report shows no late payments. I have no CCJs. After my relationship ended, I moved away and left no forwarding address, I am sure the companies concerned would have served default notices, but I never received them. Is there anything I can do to legally get these defaults removed. I have written to Cabot and Lowell (the DCAs) but they have ignored my letters. I am applying for a mortgage soon, but feel it is a pointless exercise until 2015. Thanks for your help
  2. Sorry if in the wrong place. I checked my credit file today as for some reason i had an email from Equifax even though I cancelled my account with them last month. I noticed a new default showing as added in May with a default date of January 2012 from MacKenzie Hall, the date of birth is slightly wrong. Just underneath is a default from Studio with the same date of birth, the amount differs by £1 and the default date was December 2007. This was never paid as I was not 100% certain it was my debt, I don't recall owing studio anything when the account was closed and they ignored any correspondence asking them for any proof. I was not overly bothered as I do have a default that was due to drop in June this year and another in April next year, but now it looks like this one will drag on. I'm pretty sure that these are the same debt, what can I do to get the MacKenzie Hall one removed? Thanks for your help.
  3. dpick

    MBNA and defaults

    Hi all I have a friend that has a problem with the initial default date from MBNA and when I looked at my own CRA files I have a similar problem. When he looked at his CRA file MBNA did not apply a default to his CRA file until 12 months after his last payment. So in January 2014 his MBNA account will be statute barred (no acknowledgement or payment since December 2007) but the default date still has 12 months to run before the CRA file will be dropped from his CRA files. I have something similar MBNA put default on my CRA files in June 2008 my last payment/Acknowledgement was May 2007, thus my CRA file will have MBNA default on until June 2014 and will not drop off until June 2014 when it is already statute barred now. For myself I am not worried the default date entered by MBNA is the date they accepted that the debt was unenforceable and I will not be applying for any credit. For my friend it is a bit more difficult his debt is not unenforceable and he is keeping his head down until his debt is statute barred. dpick
  4. Could someone please answer a question, does an IVA remain on a credit reference for six years from the date of inception or the date of completion?
  5. Good afternoon everyone, I have come here seeking advice to guide me for the future. I've just, very recently, come to the decision that I want to save for a house. I'm now saving, and hope to have enough money for a deposit in 6-8 years time. However, my past haunts me, and I'm lost as to what the best options would be to go about accomplishing my dream. I have obtained my credit rating from Experian, which at the present time is 712 (poor). I have many defaults against my name. This was due to not being able to meet my financial obligations because of losing my job and illness (resulting in me not being able to secure a new job for a while). I have an overview of my history, but I'm not allowed to insert an image, or post a link yet, which is unfortunate because I believe it would help no end. i.imgur.com/WAltepx.png I want to know if it's best for me to leave these be, or start paying them back???? I, foolishly, contacted 4 of them yesterday, via email, without seeking guidance first .... still yet to hear back from them. I will be extremely greatful for any, and all, help that's offered. Kind regards, Matt.
  6. I went into a debt management program in 2007. Today I have looked at my credit report onlt to find that some of the debts weren't defaulted until much later. For example HBOS current acount august 08 Asda credit card sold to CL not until may 2011 MBNA not until may 2011 when they sold it. There are others. Overall it will make no difference as I have a few legit defaults from 2011 and 2012. I would like to know if it is right and fair to wait so long.
  7. after having received a CCJ even though i believe the debt to be statued barred (thats a whole nother thread) i looked up my credit record on experian and check my file. Im a little confused, it seems some accounts that i have not made payments on for at least 2 years up to 4 years are not showing as defaulted. Now am i right when i say i thought any account should be marked as defaulted on a credit file 6 months after last payment made or acknowledgement of debt. Why have the creditors not defaulted them, Im guessing its so they cant say the debt is statued barred in 6 years. Here is my thinking in a example below, am i right, is it legal. Should i just ignore it until i know the debt is statued barred. £1000 Debt where last payment was made in 2005 Debt not marked as defaulted until 2011 Not technically statued barred until 2017 but should have been statued barred in 2012
  8. Hi Guys, I have 2 problems Firstly, the CO-OP sent me a default in 2009 but on my credit file the date is dec 2011, so I will have an extra 3 years nearly of this on my file when it was well before, what can I do about that? Secondly, a company called Fairmile have re-issued a default in 2008 from a original 2002 one which had already been removed in 2008 just previous to them issuing the new one. Same debt, same acc no I know they won't remove it as I have had bad experiences with them already, so what can I do?
  9. Apologies for the length of email in advance. In 2004 I found myself in very difficult financial circumstances due to business failure. Since that time I have managed to turn my life around and am now on a sound financial footing once more. As documented on here I had a couple of run ins with Robinson Way which were successfully defended in no small part to the assistance provided on here. Prior to my financial woes I had a fairly substantial mortgage which I always managed to pay and have done so for over 10 years without fail. I am now looking to move home and now the problems have started once more. My mortgage,old private overdraft and credit card are all with the Lloyds Banking Group. The overdraft was CCJ'd in 2005 and I didn't defend. Since that time I have paid £100 each month as directed by the Court and have never missed a payment. There is still £18k outstanding but I am aware that LBG would struggle to enforce as more than 6 years have passed since judgment. Initially in 2004 I paid only token payments on the credit card of £10 per month & these "payment plans" were regularly rolled over until mid 2010. At this point as my circumstances had improved appreciably I offered to up the payments to £100 per month & this was accepted in writing and I have never missed a payment. Unfortunately despite this all having being agreed LBG issued a DN & followed it up with a solicitors letter in late 2010. The upshot of this is that i now have a Default registered in 11/10 for over £20k relating to a debt that actually defaulted in 2004. The punch line is that LBG are insisting that these debts amounting to £40k are repaid in full and in return they will rollover the mortgage onto the new property which provides far more security so it's a win/win for them. For my part I have endeavoured to settle both accounts at around 50% but have been rebuffed presumably as they are aware of my improved financial standing (they also have by business account). I did a s78 request and they were unable to locate the original agreement for the credit card. My feeling is that they need my goodwill to cooperate with them and they should make a commercial decision so that all parties can move on & I think they are being unreasonable. Rather than make increased offers to repay the very old and potentially legally unenforceable debt I think I should now go elsewhere with my mortgage and business & go on the attack regarding the very late registration of the credit card Default which is the only blemish on my credit report with everything else either settled or having fallen off. If this is a good plan I'd welcome advice on the wording required for getting the default removed which presumably requires me to fire off a letter to LBG. Many thanks.
  10. Hello, Im hoping I can get some advice on this situation as it's crippling me! Not used CAG for a while so please accept my apologies if I'm in the wrong area. I had/have a Halifax One credit card which I ran perfectly until late 2011. My finances took a huge turn for the worse, something had to give and I was unable to pay the bill for two months. In the third month I contacted Halifax, went through a statement of means and was offered an arrangement to pay totalling £40 a month. I made the first payment by debit card and set up a DD for the others, which have been paid religiously every month since. My account (without my knowledge) was immediately passed to Apex Credit management, and since March 2012 has had a default code 8 registered every month since. I've tried looking at the ICO guidelines on defaults and as far as I can make out the definition of a default is 'a breakdown in communication', which seems odd to me as the first 8 was recorded two months after I'd made contact and a month after I'd made the first payment. It also states that the standard practice time lapse for the application of a default is six months? At no point did I receive notice of any default action and at no point was it explained to me that my account would be moved to a third party. It was defined as an 'arrangement to pay', and that's subsequently what I thought it was until I looked at my credit file three days ago. What I'd like to know is; Should an arrangement to pay notice not have been logged on my credit file and should I not have received notification that my account would be defaulted? I'd NEVER have entered into the agreement if I'd known - I'd have begged or borrowed to get myself out of the situation but this was offered to me under the guise of a way to help then seemingly thrown out of the back door to a debt collection agency.... It's hugely frustrating as I'm in the process of trying to get a mortgage and every other aspect of my file looks great. It's as if I'm being held to ransom by this one issue. I've contacted Apex, who told me that they only administer the account and pass information back to Halifax, who in turn update my credit file. Twice I've been promised a phone call back which has never materialised, so I thought it might be worth trying to get some advice on here. Surely this can't be standard practice? Is there nothing I can do about it? Many thanks for reading
  11. Hi There. I was just wondering if anyone could help me with this. I have just recently obtained my credit reports and have a number of defaults on them, i am planning to pay these off. However for example i have one for £119 from 2009 now im happy to pay this but will it then be 6 years from the date i pay it before it is removed from my report? Or will it remain 6 years from when the account defaulted? Also how do people go about contacting these companies i have my name, address & the company who has defaulted the account, is this enough for them to find the defaulted debt? Sorry for all the questions help would be very much appreciated. P.s Can i also ask how long do searches stay on my report for? & do they just get removed after a certain time or do i have to ask for them to be removed? P.p.s Some of these defaulted accounts im being chased by comapnies that have brought the debt from the original lender, should i be contacting the lender whom i originally had the credit from?
  12. I apologise if this is a dumb question but it's been making me wonder for some time now and I wonder if anyone has the answer... Apologies if this has been answered elsewhere on here... So, a default lasts on your credit file for 6 years. Is that from the date the default was issued? Or does the 6 years start from the date the debt was paid in full? If I have missed 3 consecutive payments, do these class as 3 defaults for one debt or can they only default me once? I'm not planning on getting any defaults, just to be clear. Unfortunately they're already there after stupidly getting myself into debt but, even though I know it's going to take at least 6 yrs, I really want to try to clean up my report so would like to know how it works, so to speak. Thanks in advance for your replies
  13. Hi there. I don't know if I am posting in the right forum, hopefully a moderator can help me if not. This is bit of a long story so please bear with me. I got made redundant through no fault of my own September last year and have been on Jobseekers Allowance since then. Everyone knows that when you have a job you have a better lifestyle, and when you lose that job, the lifestyle dramatically changes and you cannot afford the little luxuries anymore, this is where defaults start happening on your credit file and start to get harassed by the DCAs. Anyway, I was placed on a 2 week course with a provider called Working Links. I was told that if I completed the course to their satisfaction, I would be guaranteed a job interview whether in person or phone with the Student Loans Company. Apparently they do CRB checks, person checks and credit checks even though it is a temporary admin job. (talk about paranoia and the snoopers charter). I have an Enhanced CRB which is clean so that isn't a problem. I mentioned in the first instance on the course that we, as unemployed people who had lost their jobs recently would not have squeaky clean or positively glowing credit histories and if their selection process was so rigourous, why on earth are they recruiting this way. I was told as long as debts were being paid, everything will be fine. Now this is the gist of my problem. I have defaults and a CCJ, all but two are being addressed, the two I am in dispute with consist of:- One is a mobile phone where a DCA added an extra £300 to the balance, I have requested all paper work and everything associated with it but they will not give me this information. Secondly, a credit card to Vanquis Bank. The card had payment protection on it (or whatever version of payment protection they call it) and have refused to acknowlege it and have sent Moorcroft after me, I said to them that I would not pay anything to them when payments were supposed to be protected for 2 years. So the course finished, got glowing reports and going forward to next stage. However, the course manager phoned me today and the subject of the credit check came up. he said don't mention your defaults on the phone as they will turn you down flat. I said what the hell, I told you about my defaults and my situation, why on earth did you let me finish this course if I had no chance of the end result. Heres my quandary, should I just make the creditors I am in dispute with a token offer and hope for the best as this is not a guaranteed job offer, just an interview, or just totally forget about the interview and carry on being in dispute with those two creditors. And explain to the JC+ that my credit record prevented me. Otherwise I could be admitting to these debts and still have no job. So sorry for the long post. Has anyone out there on CAG been in the same position and can help me out? Many thanks jb000
  14. I have recently been turned down for a mortgage as I have two old defaults on my credit file. One is with NEXT directory for the sum of £295. I have emailed them however they have responded saying they cannot remove it even though it was settled in full 4 years ago. The other is with 1st Credit who acted on behalf of Barclaycard. Again, this was settled in full in February 2009. Any way to have them removed, especially the NEXT one as it will stay on my file until July 2015???
  15. QuickQuid say this about their rollovers: "How QuickQuid Loan Extensions Work By extending your loan, you will only owe a finance charge on your next pay date, not the principal of your payday loan. The principal of your existing loan will be 'rolled over' into a new loan and you will be charged an additional finance charge. This will allow for you to wait until your next payday to pay off the full amount due on your loan. If you have a one-period loan, you will be able to extend your loan a maximum of five times. If you have a two-period loan, you may extend your loan a maximum of four times." This means that if somebody uses the maximum five extensions on a one-period loan, they could get six defaults without borrowing any more money than what they borrowed in the initial loan! All they have done is extended the time they need to pay it back. Indeed, on another site I post on somebody has posted and has received two defaults when they only took out one loan; one for the initial debt and one for the rollover. Surely this can't be legal? Is it just a way for them to add lots of default fee charges to the debt? Thank you in advance for any comments.
  16. During 2012 I discovered by visiting CreditExpert's Experian website that NatWest had issued a default against me in February 2011. I had no idea / had never received any communication from them to say they had taken such action. I complainted to NatWest and got nowhere - they wouldn't confirm or even explain: so I complained to the ICO Information Commissioners Office and the Financial Ombudsman Service. To cut a VERY long story short (I now have THREE thick files ...) the ICO found in my favour: "In this case we have decided that it is unlikely that NatWest have complied with the requirements of the DPA. “This is because they accept that your current account should not have been marked as in default.” “… the “breakdown in relationship” which precedes registering a default only occurred due to an error on the banks behalf, rather than as a true “breakdown in relationship” between borrower and lender. “NatWest have confirmed that they submitted instructions on 22 January 2013 to have the default removed. Good news, you may think. When I checked NatWest had indeed REMOVED the default from Experian - my credit rating is now excellent. But - on16 February 2013 - they CREATED a new default on EQUIFAX!!! The ICO say they have completed their investigation. Now what should I do? Where do I stand re redress / damages etc? For the past two years I have been unable to get credit /re-organise mortgages etc; and was turned down for a bank job because of this alleged "default"
  17. Hi all what happens if you send sars to 2 companys and your stuff returns without the default notices. thanks,
  18. Hi All A new default has just appeared on my credit file for a loan from about 9 years ago, as far as we were aware this was a statute barred debt and it had already defaulted years ago. Is there anything we can do?
  19. Hi, I cleared a default with a company called Safe Loans in December last year, it is however still showing on my Credit Report as in "Default - £365" (Basically showing as still in Default and not settled!). I have written to them 3 times already asking them to rectify the data. I did get a response from them the 2nd time round (In mid January) asking for a screen grab of the data, which I promptly provided. However, another letter was sent by me in Mid Feb again informing them that the data they have reported to me is in accurate and needs to be rectified immediately. I also have it in writing from them that the account is settles and I have no further debt owed to them. There is another one with Motormile Finance, where I took advantage of their discounted offer to clear the balance over 2 payments, giving me a reduction of £132 from the original default amount. Again, this was completed at the end of December, and again, written confirmation that the matter had been resolved is something I have in my possession. After all this at the end of January they £132 off me, which when I noticed I rang them immediately, explained the situation to the girl on the end of the phone, who informed me that yes, they've cocked up and they'll refund my £132, which true to word they did. Now, 2 or 3 weeks after that I noticed an account with them appeared on my credit file, an active Default for £132. Again, I have wirtten to them and had no response or action as yet. I will phone them in the week and talk it through with them, but this is the sort of admin cock ups which is making life a little bit harder for people like me who had a bit of a problem with finances! Anybody got any advice for me?
  20. I am after some advice. Really stressing me out now!! Basically I entered a DMP on 09/2009. I have currently paid £5,527 to date with a further £8,488 to pay but I am increasing payments to £510 per month so this will be clear by mid 2014. I have been looking at me credit file with experian and noticed the following default dates.... Lloyds TSB (17.02.2012) Also says Arrangement start date was 01/12/2009 and end date was 01/06/2012. Surely I should have defaulted before this date as technically, when I entered the DMP I broke my original agreement. Lloyds TSB (10.02.2011) Also says Arrangement start date was 01/12/2009 and end date was 01/02/2011. Surely I should have defaulted before this date as technically, when I entered the DMP I broke my original agreement. HFC Bank (28/06/2010) No arrangement to pay details on credit file however, this default looks fair enough to me as it was 6 months after my DMP started. HFC Bank (31/08/2010) Also says Arrangement start date was 01/03/2010 and end date was 01/08/2010. Surely I should have defaulted before this date as technically, when I entered the DMP I broke my original agreement. HFC Bank (31/08/2010) Also says Partial Settlement was 01/07/2011. This was actually paid in full as I rang them and they advised me that the ammount I paid is the ammount I actually owed them. Halifax (07/05/2010) This default looks fair enough to me again as it was within 6 months of my DMP starting. No queries for this one. However, I would say that as this was an overdraft this would have been made up purely of late peymant charges? Anything I can do? Halifax (22/08/2011) Also says Arrangement start date was 01/12/2009 and end date was 01/02/2011. Surely I should have defaulted before this date as technically, when I entered the DMP I broke my original agreement. Lloyds TSB (29/03/2012) Also says Arrangement start date was 01/10/2011 and end date was 01/01/2012. Surely I should have defaulted before this date as technically, when I entered the DMP I broke my original agreement. This is the one thats peeing me off the most!! Any advice as to what I can do and do I have a case on any of the above? Also, Seeing as though a few of them will be dropping off in 2-4 years, is is actually worth paying these debts off by mid 2014? Wouldn't I be better dragging it out over the next 4 years or so? If I claimed back PPI would they come off my Lloyds TSB balances as they would be the company I would be claiming against? Thanks in advance for any help that is given to me, I am pulling my hair out!!
  21. Hi, I recently had a refund from firstdirect for the last 3 months worth of bank charges, however these charges show as defaults on my credit reference file can i get the bank to remove these default notices?
  22. Hi I have two old credit card accounts with MBNA which have been sold to Arrow Global . I had no joy from Arrow with a CCA request for both account so i did a SAR to MBNA. Neither account had PPI but both will have incurred charges along the way . In the SAR pack i can see no documentation for the transfer or sale of the account to Arrow. Must this be in the pack for Arrow to chase me for the debt . As they are old accounts 2001 and 2004 i have included the CCA in the SAR pack for anyone able to quantify them . I currently pay both accounts £1pcm still to MBNA for the past 2 years while things are tight . Many Thanks
  23. hi guys!! i have SIX defaults and have recently settled two of them on partial setllements... i now realise this was a complete mistake!! ( i think?). i want to get a mortgage this year... but with my credit file in the mess it's in, it's unlikely. i have been offered more partial settlements... should i pay them? my goal is to remove the defaults. where do i begin? thanks .. any help really appreciated! HSBC BRANCH BANKIN... Current Account Satisfactory £0 HSBC BRANCH BANKIN... Loan 2 payments late Settled HSBC BRANCH BANKIN... Loan Default £6,675 EGG BANKING PLC Loan Satisfactory Settled SANTANDER CURRENT ... Current Account Default Satisfied CO-OPERATIVE BANK ... Current Account Default £852 LOWELL PORTFOLIO I... Communications Default £367 ARROW GLOBAL LIMIT... Credit card / S... Default £949 APS - CASHPLUS Loan Satisfactory £49 1ST CREDIT LIMITED Credit card / S... Default Satisfied
  24. Hi All, Hope I can get some advice, I went through a bad period in my life 2006-2008 with depression, missing Payments to Orange, 3 and a capital one card. I moved back home in 2008 Stupidly leaving the debt behind. Until they started to catch up mid 2010. I have since paid them of after being scared into paying by them and moral obligation. But they have place defaults on my credit file during this period. All of these show at "Satisfied" I know I have been stupid and thought I was doing the right thing by paying only to find they put these defaults on my file for paying. But the default dates don't match up with the actual debt to 3 orange and capital one. Can anyone tell me is this is correct. Details. Lowell £222 Account start date = 27/02/2007 account End date = 23/05/2010 Default Date = 11/05/2008 Default marks From : Feb / 2009 > May / 2010 Arrow Global £99 Account start date = 05/04/2007 account End date = 03/08/2011 Default Date = 20/008/2007 Default marks From : Nov / 2010 > Aug / 2011 Lowell £60 Account start date = 15/04/2006 account End date = 22/11/2011 Default Date = 24/11/2007 Default marks From : April / 2011 > Nov / 2011
  25. Hi I guess this may sound a bit basic for many on here but I am very confused about what my best course of action would be. I have been searching for over an hour but getting more confused by the minute. I have a couple of defaults registered on my credit file for a loan and credit card from when I was made redundant. The dates of default are in 2008 and early 2009 and so i believe would come off my credit file in 2014 and 2015 (so within 2 years give or take a couple of months). I have not heard from the Debt Collectors - MKDP for a number of years but have move addresses a few times. I have recently set up my own company and should very soon be in a much better financial position in order that I could afford to settle the debts (in full or part - i believe 60% is generally accepted?) - but will this really help me with regards to obtaining credit over the coming couple of years? So what would you do? Continue to bury your head in the sand and wait for the debts to fall off your credit file in 2015 / pay in full / make an offer of 60%?? Does a settled debt improve matters to the point it is worth contacting MKDP myself to make an offer?? Thanks for any advice - and correcting me if my understanding of the options is wrong.
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