One defult down need help with others ??? and thank you

[kewns]

Hello,

I just come over here for some more advice. As I have been following a few posts from here and I was posting a few post on another forum but they were a bit rude and seemed to think I had no right have my defaults removed from my credit file. But I beg to differ.

Anyway am here to ask but I tell you my story so far ….

I have now 3 outstanding defaults on my Experian and Equifax reports and two further defaults on my Equifax which are not on Experian.

Debts as followed:

Halifax £974 – been paying them as part of ccs for the last 3 years

Roxburgh £398 (on file its £194) didn’t know about this debt until recently and it is stature barred come Jun 11)

Aktiv Kapital £683.87 (pay them via ccs and have been for 3 years)

h.f.o £54 ( still has a year to run till the 6 years are up and I have been paying this foe 3 years via ccs)

carphone warehouse £512 ( now this is the strangest off them all. As it says I opened this account in 2002 is all red and says I have missed 4 payments until 2005 when it says it defaulted, now my question on this is this legal as that would mean I have purposely had a mobile contact never used or paid for 3 and abet years till they defaulted the account. I would like to know what is the time frame on accounts before they default then i.e. how many missed payments?? )

well that’s all my negative debts on my credit files, I know they will all be off within 18 months and I would have a clean file, but I read your site and a few others and found the templates regarding companies have to provide you with a copy of signed credit agreement and copy of the default notification, I sent all these letters out on the 18th of November and here is the results so far….

Halifax £974 – Sent me a letter saying that this account does not have a signed credit agreement and therefore cannot reply with request (but they total ignored point 2 and 3) In process of second letter being sent.

Roxburgh £398 (on file its £194)- They phoned me up last week and also sent me a letter same day, saying thank you for your acknowledgement of this debt and your payment of £1 postal order is too little we would require you to pay £37.17 pcm (you know what I told them i.e. can’t you read lol and the person said I see no letter on your account and then start to ask about payment I told him straight, what the letter and payment were for and he quickly change and said they be with you next week i never seen them put phone down so fast before lol (letter will be on way explain this too)

Aktiv Kapital £683.87- The reply of them all a letter saying they brought the debt from trinity finance and have asked them for the documents and as the documents can’t be obtained they have instructed that they will no longer be chasing this debt (whoopee and thank you guys) I am sending them a letter agreeing with this and also making sure they will update the credit reference agencies.

h.f.o £54--- As yet no reply

carphone warehouse £512 --- As yet no reply

Sorry if that is a bit long I just wanted to fill you in on the whole picture and thank you guys for giving me the advice, My main reason to do this is to get a better Apr as I have had poor one know for 3 years and I pay a lot of interest on my current debt, I know I should be using credit cards but sometimes you have to, and I know my file will be clear soon if I could get it clear quicker it could and properly would save me a fortune. lol

On a final note I do believe that 6 years is way too long to be persecuted for having financial issues maybe ¾ years is a suitable punishment.

Thank you and if anyone can hello anymore I will be grateful.

Regards,

Stephen

[car2403]

It looks like you're on the right tracks, here, but have you sent CCA and DSAR requests to them all? if not, you're not going to get them backing down 'to be nice'

 

There's some links in my sig that may help, oh and it would be useful to start a new thread for each creditor, as this could get confusing along the way... : )

[kewns]

Hello, an update i did manage to get Aktiv Kapital £683.87 written off due to no credit agreement- all well.

 

well none of the other company’s reply in writing and just kept phoning and sending usual debt letters, Roxburgh £398 Who's legal team phone me up today and said they are sending me court summons next week as i have not made any attempt to pay the debt apart from the £1 request which they have completed on the 10th March and are stating that this is me acknowledging the debt (i have not received anything)

I spoke with this man, i informed him that i haven’t received a thing from that company and can you please send any corresponded in writing. His reply was i can tell over the phone the dates of the contact as this is already being summed i cannot send you any more information??? But he did go on to say that if i pay some money now then he could halt proceedings, i informed him that i am currently unemployed at this present time and would struggle to make any form of payment. He said that he understood that and would accept £15 per fortnight i said that’s quite lot considering i only get about £120 a fortnight and i have other priorities. He just said fine you will receive the form next week i said ok. He then gave me phone number if i change my mind.

Personally I think it’s just another trick to make me pay but he did sound quite confinsing and not like the normal lot that ring

 

now i believe this debt to be old ( over 6 years) not worth much but it did make me a little concern as i have nearly got rid of all my defaults and ccj and would not like a new one.

 

So if anyone can help me or point me in right direction i would be most grateful.

 

Kindest Regards,

 

Stephen

[brokebutnotbeatn]

Check out SB link. Once SB'd it is always SB'd and nothing, not even a payment, can restart the clock. Click on the link in the post (over 6 years) and check out on site. There is plenty of info on here about SB'd debts. If youa re sure of your dates either ignore or send the SB letter. And NEVER speak to anyone on the phone; in writing only.

[kewns]

hello and thanks for your advice i will do that,

one quick question if you dont mind does that law apply to mobie phone contrats as i belive they come under a different act ??

 

Kindest Regards,

 

ste

 

thanks for your help

[The GodMother]

Hello,

I just come over here for some more advice. As I have been following a few posts from here and I was posting a few post on another forum but they were a bit rude and seemed to think I had no right have my defaults removed from my credit file. But I beg to differ.

Anyway am here to ask but I tell you my story so far ….

I have now 3 outstanding defaults on my Experian and Equifax reports and two further defaults on my Equifax which are not on Experian.

Debts as followed:

Halifax £974 – been paying them as part of ccs for the last 3 years

Roxburgh £398 (on file its £194) didn’t know about this debt until recently and it is stature barred come Jun 11)

Aktiv Kapital £683.87 (pay them via ccs and have been for 3 years)

h.f.o £54 ( still has a year to run till the 6 years are up and I have been paying this foe 3 years via ccs)

carphone warehouse £512 ( now this is the strangest off them all. As it says I opened this account in 2002 is all red and says I have missed 4 payments until 2005 when it says it defaulted, now my question on this is this legal as that would mean I have purposely had a mobile contact never used or paid for 3 and abet years till they defaulted the account. I would like to know what is the time frame on accounts before they default then i.e. how many missed payments?? )

well that’s all my negative debts on my credit files, I know they will all be off within 18 months and I would have a clean file, but I read your site and a few others and found the templates regarding companies have to provide you with a copy of signed credit agreement and copy of the default notification, I sent all these letters out on the 18th of November and here is the results so far….

Halifax £974 – Sent me a letter saying that this account does not have a signed credit agreement and therefore cannot reply with request (but they total ignored point 2 and 3) In process of second letter being sent.

Roxburgh £398 (on file its £194)- They phoned me up last week and also sent me a letter same day, saying thank you for your acknowledgement of this debt and your payment of £1 postal order is too little we would require you to pay £37.17 pcm (you know what I told them i.e. can’t you read lol and the person said I see no letter on your account and then start to ask about payment I told him straight, what the letter and payment were for and he quickly change and said they be with you next week i never seen them put phone down so fast before lol (letter will be on way explain this too)

Aktiv Kapital £683.87- The reply of them all a letter saying they brought the debt from trinity finance and have asked them for the documents and as the documents can’t be obtained they have instructed that they will no longer be chasing this debt (whoopee and thank you guys) I am sending them a letter agreeing with this and also making sure they will update the credit reference agencies.

h.f.o £54--- As yet no reply

carphone warehouse £512 --- As yet no reply

Sorry if that is a bit long I just wanted to fill you in on the whole picture and thank you guys for giving me the advice, My main reason to do this is to get a better Apr as I have had poor one know for 3 years and I pay a lot of interest on my current debt, I know I should be using credit cards but sometimes you have to, and I know my file will be clear soon if I could get it clear quicker it could and properly would save me a fortune. lol

On a final note I do believe that 6 years is way too long to be persecuted for having financial issues maybe ¾ years is a suitable punishment.

Thank you and if anyone can hello anymore I will be grateful.

Regards,

Stephen

 

 

You are aware that the fact u are making payments means they will now not become SB, or as u have put it the 6 years, till 6 years AFTER LAST payment?

[The GodMother]

hello and thanks for your advice i will do that,

one quick question if you dont mind does that law apply to mobie phone contrats as i belive they come under a different act ??

 

Kindest Regards,

 

ste

 

thanks for your help

 

Mobi phone contracts do not apply to the CCA laws. I dont know which laws they do apply to but u might want to SAR the mobi phone people.

[kewns]

Hello and thank you for your reply,

 

I havent made any payment toward this debt in regards to mobile phone contract that was taken out iin 2003 and the were offered money by ccs a few times but refuse as it was too small

the first i heard back about this 3 contact was when roxburgh phone me was nov last year. am not really that fuse regarding this debt am more fussed if they have the power to put a ccj on my file as am not going thought that all over again,

 

Is there anyway to stop them putting a ccj on my file if they do take it to court ? would a judge even give me a ccj for a old debt and small one and that ???

 

Thanks for you all you help am glad your all here

 

Kindest Regards,

 

Stephen

[The GodMother]

I dont mean the mobile phone debt. I mean any you are paying, eg you have put that you owe HFO £54 and you have been paying them via ccs for 3 years u have also said its a year till this is 6 years. You do not have a year you still have 6 years as the statue barred or 6 year rule for dropping off your credit file only applys to 6 years AFTER LAST PAYMENT.So ANY payments being made will automatically reset anything to do with the 6 year rules.

[The GodMother]

Hello and thank you for your reply,

 

I havent made any payment toward this debt in regards to mobile phone contract that was taken out iin 2003 and the were offered money by ccs a few times but refuse as it was too small

the first i heard back about this 3 contact was when roxburgh phone me was nov last year. am not really that fuse regarding this debt am more fussed if they have the power to put a ccj on my file as am not going thought that all over again,

 

Is there anyway to stop them putting a ccj on my file if they do take it to court ? would a judge even give me a ccj for a old debt and small one and that ???

 

Thanks for you all you help am glad your all here

 

Kindest Regards,

 

Stephen

 

When was last payment on this account?

[kewns]

When was last payment on this account?

 

Hello, and thanks for your reply, sorry for my late reply i actually got some work!! whoopee

 

Oh I see I thought once 6 years had gone and that was the debt gone weather I had pay it all or not, thanks for that, as for £56 that was paid when one of the debt team contacted me, I informed them that I only had £30 in my bank . I told them if they cancel the rest of the debt but I need the letter in writing which strangely enough they actually sent it so that’s crossed off,

 

 

The mobile were talking about is 3g. They have never accepted any payment and the last time payment was even offered was via credit consumer council service about 3 years ago. The is still no court letter i think he was trying to pull a fast one,

 

 

Your now making me think! As Halifax is still chasing me and I was paying them money until November last year, I have asked for the credit agreement which I they haven’t sent. with me being on little money they are saying (only via phone) that they will not accept anything less than £20 a week, which is poor considering I was only paying £7.88 a month though ccs, now my question can they take me to court and give me a ccj bear in mind this debt will fall off my credit file April 12 should i just send them a letter starting how much i can pay or just leave it?

 

Just want to say BIG thanks for your help and work all you people do on this website

THANK YOU 8)8)8)8)8)8)

 

Regards,

 

Ste

[The GodMother]

this will not fall off your credit file unless they have not been updating the file. You have been making payments to companys which means they are still ment to be reporting to the credit files its 6 years from last acknowledgement or payemnt of the account.

[kewns]

Hello, yeah your right with sb but in terms of credit file all defults will be removed after 6 years regadless if they have been paid or not i no this as i only 3 defults left after having 8 and 1 ccj

 

like i said i just offer them token that i can make and if they refused and take me to court they i will provide this evidence to court and hopefully avoid any ccj

 

thanks

 

ste

[The GodMother]

They dont fall off if you are paying them. I know l have been paying one of where it deafulted in 2004 and its still there as they are reporting on it.

[brokebutnotbeatn]

If you were paying £7.88 through CCCS then they ahve al;rady acccepted that's all you can afford so that's all you should be paying - no more - they woudn't have a leg to stand on in court!