2 Defaults to contest - please help!

[atchaa]

Hi guys,

 

I have 2 defaults on my credit file, one with Natwest (settled), one with Mint (unsettled).

 

The Natwest default was on a student account in 2006, that went overdrawn - and had massive late charges put on. I forget exactly how much ( the total overdraft debt was £1460). I paid this off back in Feb 2006. I am yet to contest those bank charges.

 

I am about to write a letter, but what should I lead with? I am thinking these:

 

1 ) The fact that my contract with them has ended, should mean that my

permission for them to process data about that account has also ended.

2) Defaults contained unlawful charges then the defaults

themselves are unlawful as they do not reflect the true amount of the debt

3) Challenge under the CCA - ask to see a copy of default notice, and of the CCA.

 

 

 

Which should I lead with? Any help much appreciated.

 

 

 

The second default with Mint is unsettled, and I have not heard from them in 2 years. Will it automatically drop off in 4 years if I do not settle it?

 

 

 

Should I try a CCA challenge with them too? Or write and ask if I settle will they remove the negative information?

 

Again, would really appreciate some advice...

 

Thanks a lot in advance!

[tiglet]

1. The can record data with CRA's for up to 6 years. Although covered by parts of the CCA 1974, they will not have a CCA for you and do not need to produce one.

 

Mint - should drop off after 6 years if no court action etc. is taken. You can ask for a copy of your CCA and if they can't produce it, use this as a bargaining tool for a F&F.

 

After this, you can go through the removing default process.

[Penfold92]

Hi guys,

 

I have 2 defaults on my credit file, one with NatWest (settled), one with Mint (unsettled).

 

The Natwest default was on a student account in 2006, that went overdrawn - and had massive late charges put on. I forget exactly how much ( the total overdraft debt was £1460). I paid this off back in Feb 2006. I am yet to contest those bank charges.

 

I am about to write a letter, but what should I lead with? I am thinking these:

 

1 ) The fact that my contract with them has ended, should mean that my

permission for them to process data about that account has also ended.

2) Defaults contained unlawful charges then the defaults

themselves are unlawful as they do not reflect the true amount of the debt

3) Challenge under the CCA - ask to see a copy of default notice, and of the CCA.

 

 

 

Which should I lead with? Any help much appreciated.

 

Ok let's start with this one. What are you trying to achieve? Bank charges cases are stayed right now so if you are after claiming charges have you sent them a SAR? If so and you want to proceed on that basis there are quite a few people that have used the normal POC's on here for their claim, but merely added the default removal into the claim, which to be honest in my opinion is the best thign for you to do.

 

Writing to them will serve no real purpose and I doube very much they will remove it without court action. This "standard industry practice " business is getting on my nerves now and I know many are dragging a few of these creditors through the courts to get them to realise this.

 

 

The second default with Mint is unsettled, and I have not heard from them in 2 years. Will it automatically drop off in 4 years if I do not settle it?

 

 

 

Should I try a CCA challenge with them too? Or write and ask if I settle will they remove the negative information?

 

Again, would really appreciate some advice...

 

Thanks a lot in advance!

 

I am surprised MINT Have not followed you up yet they usually sell onto Max Recovery or Eversheds LLP, same animal really. Yes it does drop off, but I say let sleeping dogs lie! MINT do hold their agreements and I know from personal experience that their agreements hold up, so unless you are going to pay them off I would leave it until they contact you.

 

Hope it has helped and all the best,

 

Penfold