Defaults that follow you??

[stoploss]

Hello all

Back in Sept 2006 I defaulted on what I thought was a credit card. I got a default from the lender at that address at the time. I think it was Barclaycard.

Now I have found at my CURRENT ADDRESS 1st Credit Ltd have stuck me with the default.

I didn't know they could just re stamp defaults in your credit file that were acquired at long since gone addresses.

A similar thing has happened with Student Loans, both The Student Loan Company (old 98 student loan) and Link Financial (99 student loan, that I don't think will ever go away). They are defaults that have been stamped at last previous address (still part of my recent 3 year address history), not my address that I had when I last made a payment to them around 2005.

I have sent CCA letters out to all 3 parties and have setup a folder with copies of letters, signed for receipts, copies of £1 postal orders front and back and all the other usual stuff.

Does anyone have any idea how to deal with each one, aside from just waiting to see what they come back with?

The Student loan defaults were in Dec 2005 and the credit card one was Nov 2006.

In the past 2 1/2 years I have acquired 2 new credit cards, all starting with small limits, and since then I have run them near their limits each month and always paid them in full each month, and they keep putting my limits up.

Finding these defaults from years ago turn up now has made me very angry.

Also, when debt collectors do those unrecorded searches, when they are trying to trace people, can they see if you are paying your bills on time at that time?

All my mobile bills, bank account, credit cards, store cards and other credit agreements I have now are all paid in full each month, and I have unused credit lines, and an unused overdraft from my bank.

If a lender like student loans could look at each card each month for that last year, it would certainly look like I had a reasonable income...

Because I have made myself look good, and proved I can use credit responsibly, does this make me more likely to be thrown in court for things in my past? Cos I look like I’m worth suing?

I could really do with cleaning out my credit file, as I would like to build up a savings war chest, and sell my car I have now as I own it free and clear, and get another car on finance.

If debts from the past come to get me I don't want to have an unencumbered car parked outside, Oh no no no no! I think that’s a dumb idea!

[stoploss]

If I could clean out my credit file it would be useful.

 

If I bought a £10k car on finance with a 10% deposit, at 13% APR, I would pay £97.50 a month in interest (roughly).

 

If something bad happens to me, this could be a premium worth paying if the car were towed away. Then I would only loose what I had paid in deposit, and what I had paid off the principal. And depending on what term I took the finance over, in the first year or so the car would depreciate nearly as fast as I paid off the capital.

[dx100uk]

the markers will drop off after 6yrs

 

you cant have two DN'sfor the same debt

 

and yes they will follow you.

 

dx

[stoploss]

So is there anything else I can do with 1st credit, I am waiting for them to respond to my CCA request, but is it a good idea to hit them with anything else?

 

I need to get rid of the defaults...

 

I dont want to wait till 6 years.

[stoploss]

Hello again

 

Another question, feel free to shout at me if you think I am being dumb but:

 

If student loans dont have the right paperwork for my loans, is it possible to get back some of the money I have given them between 2000 and 2005 when I had my job?

 

That would be fantastic!

[dx100uk]

hte money paid , even if the CCA's were un-en, will be deemed as a gift.

 

as for the defaults, if these are DN [default notices] then you can request proof that these were sent to you, however, if these were a series of late/no payments markers, that rsulted in the CRA files showing an '8', that is an automactic process.

 

there are no rules surrounding this, other than the FOS/ICO are down on record as stating that these are 'legitimate' markers, and can be reported to the CRA's even if those doing so might appear to have no 'reason' to do so. as long as the markers are a true reflection of the way you administered the 'debt'.

 

pers i think you need to do some reading around the forums about defaults and their possible removal.

 

use our advanced search above left

 

the more you read the stronger we become.

 

dx

[Tingy]

Just to check from your original post. You are saying that the default date has stayed the same aren't you. If the default date has changed from one report to aanother that is unlawful.

[stoploss]

Hi all

 

The default date did not change, but the address it was stamped on and the entities name that stamped it did.

 

I think this is because its been sold on to a debt collector.

 

I suppose if someone thinks you owe them money, they want to do what ever they can with little cost to make sure you don't get into more debt before they get to you first. Great....

 

Anyway, I'm going to the post office tommorrow to get 6 £10 postal orders. Anything that has stamped anything bad in my file is getting hit with an SAR.

 

I'm going to hit Experian, Equifax, Callcredit, student loans company, link financial, 1st credit for a start.

 

I want my credit files right back to the start so I can try and work out who has sold what on to who.

 

There are a few companies that are going to do a lot more than £10 worth of running around for me!! Shame.....

[stoploss]

Hopefully, even if student loans do have cca, with the info from the SAR I might be able to argue that I defaulted long before they stuck me with the default, with the intention of getting rid of the defaults that will disappear the end of 2011.

I’m not sure about the 1st credit. If its Barclaycard, I’m 90% sure I never signed a credit agreement for that. I had that credit card a long time. And if I did, it was a long time ago, like since the start of my university course.

I remember at one point I could say the 16 digit card number and expiry date without even looking at the card!

Anyway, sooner or later I’ll know who 1st credit bought the debt from, and whoever it was will get hit with a SAR for sure.

[dx100uk]

TBH cant see what good firing off the SAR's will do you

 

ok you might be able to reclaim unlawful charges & if the default is as a DIRECT result of a charge putting you overlimit etc, then it should be removed

 

they dont have to prove they sent you DN's [if they even did put the defaults on] they just have to prove the system recorded the process of issue.

 

dx

 

 

however, if its only 2011 till they fall off, then i cant see the need

[stoploss]

Hi DX

 

I don't own my own home. My rental contract is up at the end of January 2011.

 

If my landlord gives me notice or puts my rent up a lot so I have to leave, with a pile of defaults I have difficulty getting another place.

 

Its really hard round here to get a flat (West London). Agents are taking sealed bids in envelopes with deposits in. No joke.

 

The agents round here do a lot of due dillegence. There was a flat just like mine in an agents window on the high street and the rent was £1950 a month! Thats quite a bit more than I pay. If my landlord see's that what will he think? He's not stupid and he'll be on my case for more money. More rent or moving is the last thing I want.

 

Also, I might want to sell my car I own outright and get another one on credit. The defaults kill this plan dead. I'm willing to pay 13-16% APR for car finance, above that - forget it.

 

I need to fight to be 100% clean, a file with lots of rows of zeros.

[dx100uk]

then if you are not seeing '0's

it's because you were late or missed payments

 

they will not have sent you anything bar a std letter which would not matter even if they didn't send one and there will be nowt you can do about those markers.

 

it is deemed as an accurate record.

 

thats why i said do some reading

 

dx

[stoploss]

Just another question:

 

Is it common for a debt collector to throw people in court to get their money? What percentage of the time roughly do they actually do it?

 

If you dont answer the phone, and when ever you get a letter you google the postcode on the back and if its a dca you just scribble out your name and address and put return to sender on it and post it back, are you ever likely to get thrown in court?

 

Isn't it cheaper and less risky for the dca just to sell the debt on to another speculator who thinks he can turn 16p in the £ to a profit?

 

I'm trying to get rid of these defaults because I dont feel like I have a lot to loose, but there has to be a strong practical case for just ignoring dca's and just waiting for the debts to be SB.

[stoploss]

In my file at the moment, I just have the defaults (8's), and all my current credit agreements are all rows of zeros. Everything perfect.

 

Oh, but there is DCA's making searches sometimes, and other searches from things like car insurance and my spread betting companies like CMC Markets and IG Index. I suppose they have to check once in a while you still live where you say you always lived.

[dx100uk]

Just another question:

 

Is it common for a debt collector to throw people in court to get their money? What percentage of the time roughly do they actually do it?

 

rarely - do some reading of other threads.

If you dont answer the phone, and when ever you get a letter you google the postcode on the back and if its a dca you just scribble out your name and address and put return to sender on it and post it back, are you ever likely to get thrown in court?

 

rarely - do some reading of other threads.

 

 

Isn't it cheaper and less risky for the dca just to sell the debt on to another speculator who thinks he can turn 16p in the £ to a profit?

 

thats what happens anyway -you are on a phishing already

 

I'm trying to get rid of these defaults because I dont feel like I have a lot to loose, but there has to be a strong practical case for just ignoring dca's and just waiting for the debts to be SB.

 

the strong case is there is little else you can do bar those already suggested

[Tingy]

Have to say, I'm totally with DX on this one. Don't waste £60 on SAR's. If they become SB in 2011 surely they can be stalled. DCA's VERY VERY rarely take anyone to court - they tend to cut their losses and sell the debt on again. Your credit report (you can get one free online from Experian - just ensure you cancel the membership during the trial period) should give a pretty good idea of who owns what. It helped me enormously after years of pretending I had no debts.

[stoploss]

Hello all

 

You have to understand.

 

I want the defaults gone. I need them gone ASAP. With the defaults in place it makes it very difficult if I have to move house.

 

I dont care about paying subscriptions to online CRA's

 

I dont care about spending £60 (or more for more entities) on SAR's.

 

Part of me is willing to spend £10 out of just being curious.

 

I've found you guys here so helpful I have made a small donation to the management of the site towards the running costs. I rent a web server that costs £160 a month that I dont think would be man enough to run this site.

 

I've done a bit of IT support for a Lawyer in my business centre, I get on well with him and I'm sure I could get him to "bully" some creditors for me if I asked him.

 

I think the SAR's would be useful. I think he would find them interesting too.....

[dx100uk]

if youhave 8's then that def missed/late/not enough payments over a 6mts period

 

sadly there is nowt you can do about it unless you can PROVE that the default marker was the SOLE result of unlawful charges

 

it is record of your creditpayments [or not!] that will be accurate for the history it holds.

 

dx

[mcjohnson]

Assuming that the tenancy that is about to come to an end is a fixed-term tenancy, then (unless you've just had a 5 year fixed-term tenancy) you would have entered into a tenancy agreement during the past 5 years without any problem; probably multiple agreements, as most tenancies are on 12 month fixed terms in the London area. Your fears regarding the impact on your ability to rent may prove unfounded.

 

Concurring with DX, provided the CRA records represent an accurate reflection of the account administration then there is little scope to have these records amended. In any case, it wouldn't be the CRA that had the record amended, but the original creditor; CRA will simply check that the information they've reported represents what was reported to them by the original creditor. You will inevitably have to liaise with these organisations to identify whether there is any case to have the defaults removed. The CRA has exceptionally limited scope for removing information from their files, save for the situations where they have erred.

[Tingy]

 

Concurring with DX, provided the CRA records represent an accurate reflection of the account administration then there is little scope to have these records amended. In any case, it wouldn't be the CRA that had the record amended, but the original creditor; QUOTE]

 

I agree with you, but the point quoted above is a very interesting one. By law it is the data controller of the organisation that publishes the information who has to ensure its accuracy, in this case the CRA. That is why when people are sued under the DPA it's always the organisation that publishes the information that is sued, not those who provided it.

[dx100uk]

i think if you see the CRA FAQ's it states what the '8' means and how it gets there

 

it might be an idea to look at another CRA too.

 

dx

[stoploss]

I got my current flat direct from the landlord through the concierge downstairs being helpful.

 

Agents round here do credit checks on tennants. When I had houses I owned and rented out, I credit checked my tennants through a 3rd party. Bad credit - no way.

 

My defaults are a problem and any more advice on getting rid of them would be gratefully received.

[TaurusLeo]

Thanks dx,

 

I started a new thread called 'Default marker after county court judgement!'.

 

See you there.