£12,000 paid out of £16,000 - £16000 registered

[alan7181]

I have an entry on my Experian file that shows a sum of £16,000 defaulted. I actually agreed a settlement with them of £12,500 (out of their claimed total of £16,000) and paid this. I expected my file to be clean but no they still registerd it as a default because I didn't pay the full amount. Secondly it shows as £16,000 defaulted but surely it should only show a max of £4000. I have written to Experian and MBNA many times without success.

Any adivice or help.

[postggj]

hi alan

did legal proceedings start, you say claimed total.

have you the settlement letter in writing

did they default the account to begin with

many questions i know but if they did default you prior to legal proceedings the credit file should show a default satisfied as you came to an agreement with them for the balance.

if they did not send you an original default notice, the fun begins

all the time on this forum we hear of defaults registered and no default notice. it is possible to get the default deleated but very time consuming and an up hill battle. but possible if correct procedures have not been followed.

[postggj]

with ref the cra

the only way of action with them is an online dispute,

if the creditor does not respond within 28 days the cra will deleate the account

[alan7181]

I am not sure exactly when they defaulted but they never commenced legal proceedings if by that you mean some sort of court action. I received letters saysing that they were considering it and got many debt collection letters and I think they probably did issue a default notice. Is there any way I can find out if they did. At the time I was very new to all this and didn't realise the importance of what I was receiving.

I am almost certain that the default was registered before the settlement was agreed.

I believe they agreed to accept the £12,000 and not to persue the rest.

When I wrote to them they said they only mark it as satisfied if I paid the disputed £4000 or so.

[postggj]

do you still have the settlement letter

 

looks like you received no default notice from the creditor, thats good.

what you need to do now is go on the offensive.

you send the original creditor an sar.

this will give you all the info they have on you including agreements, default notice, statement of account etc.

if no default notice is enclosed you are half way there.

with an sar the creditor has forty days to comply and will cost you £10.

send by postel order and recorded/special delievery.

print your name from now on and never, never sign your letters.

link below

its for banks but modify for the finance company

 

http://www.consumeractiongroup.co.uk/forum/letter-templates/150664-r-subject-access-request.html

[postggj]

i know there is a thread called defaults and a proposed method of removel.

still looking, if any one has a link please post

[Michael Browne]

http://www.consumeractiongroup.co.uk/forum/legalities/24013-defaults-proposed-method-removal.html

[alan7181]

Thanks Michael

I've already copied yor letter to send out today. One question though. Does your letter still apply if you are paying an agreed sum say £5 per month. If you are then is the credit card agreement and your contract still in force. Secondly if you are paying £5 but your debt has been sold to another company does the letter still apply.

[alan7181]

Hi Michael,

 

Just one final question. Regarding my accounts (with Egg and Cahoot) where I am paying £5 per month. If I write the letter you suggest is it likely that they may tear up this agreement and insist on full repayment and possibly also go to court. It appears as though the debt has been sold to a third party debt collector. At the moment I have no CCJ's only defaults and wouldn't want to now get a CCJ.

Do you any experience of this.

[postggj]

if it has gone to a dca dont panic. they want there pound of flesh and it will be a very last resort that they go to court. when you receive the letter from the dca dont phone them, they are very good at getting you to agree things that can be used against you. first of all come back to your thread for advice.

once a dca has been in contact you will receive up to twenty calls a day.

there are letter templates to stop this.

[alan7181]

I have sent off the letters recommended in the default removal thread. I have yet to receive a reply and it is in excess of 28 days since my letters were sent.

 

Do I simply chase them up asking for a reply or do something stronger.

 

I must say that the when you read the thread it gives you a lot of hope and expectation but in reality do a fair percentge of people really get defaults removed as I have now have serious doubts.

 

It is clear that the odd one or two peopel are succesful but these appear to me now to be very much in the minority.

[postggj]

looks like they are not playing ball, ignoring you

have you sent an sar to your creditors yet, if not, thats the next step.

in that report will be, if any, a default notice

 

with ref the default notice

 

it is very hard to get a default removed, take a lot of letter writing and not taking no for an answer.

you get all the info (sar) and pick out there lack of procedure, and keep at it. dont let them off the hook.

 

last year i had 2 ccj and five defaults, today i have none, so it can be done with luck and standing your ground