Defaults lovely Defaults

[dx100uk]

sadly none of that will help you I feel.

 

they don't 'have' to send a copy of the dn

ideally they should have record that one was sent

but

if they recorded late payment 6 times

the cra system auto marks it '6' defaulted.

 

p'haps you can look at the statement for the months around the default

and see if they levied the PENALTY charge for late.

 

if they did this for the 6mts prev to the '6'

then that will prob be the reason.

 

having no CCA wont help sadly either.

 

dx

[Melbel]

Ok,

 

I have decided I am going to write to JD williams (simply Be) and Lowell (Barclaycard) and offer 10% F&F for settlement.

 

MY ammo on the Simply Be one will be lack of credit agreement etc, same with Lowell. Hopefully they will realise this is the best they are going to get from me and accept (or accept 15%)

I am paying nothing on both as they are both in default of a valid cca so hopefully they will decide to accept.

 

How do I word this, do I ask them to remove the default or settle it or ? Not sure what they do and how my credit file will look if they did accept my F&F offer.

[Melbel]

This is what I am sending to Simply be/JD williams ;

 

 

I write with reference to previous communication regarding an outstanding balance on the above mentioned account and wish to make an offer to resolve that will suitably please both parties.

 

There is an outstanding balance on the account which is formally in dispute as there is no Credit Agreement and is unenforceable, as you are fully aware this is made up primarily of charges. However, a default to you and no payment will not achieve much so I therefore write to try and resolve matters amicably, that will suit both of us long term. I propose to offer a full and final payment to settle and close this account to the value of 12% of the default balance, which will take into account and absorb, a lot of the charges that have been added to the account throughout time.

 

To summarise, I am more than happy to settle as much as 12% of the total amount owing so long as you can agree to (on headed paper), and ensure that, the following actions will be carried out;

 

a) Neither you nor any associate company will sell on, take action or pursue this debt whatsoever and I will be released from any liability.

 

b) All negative information in relation to this account will be removed in full from all credit reference agencies including Equifax, Experian and Call Credit. This is to be a full removal and not an amendment or marking the account as satisfied or settled.

 

c) The information is removed within 14 days of receiving payment and a letter shall be sent confirming removal.

Payment can be made by your preferred method within 7 days of receiving your written agreement to this offer.

 

I look forward to hearing your response in writing within the next 14 days.

[/i][/i][/i][/i]

[BRIGADIER2JCS]

That is fine Mel:

I personally would add this:

 

This offer is made as a gesture of goodwill and without any admission of liability now or in the future.

[Melbel]

I will add that too.. Thanks, Brig. Sending this letter today.

 

Going to compose something similar to Lowell (barclaycard default) and amend to suit the circumstances.

 

All being well I could get these defaults off.. But I will not pay them to simply mark as 'settled' as it will be no benefit to me.

 

Keep you updated folks.

[BRIGADIER2JCS]

Good luck!!!

[Melbel]

Well, I wrote to Lowell (Barclayard) and JD Williams (Simply Be) both offering a F&F settlement upon removal of negative data (Recorded delivery). I said I would like an answer within 14 days, (copy of letter above)

 

heard nothing, off either party. The 14 days is up.

 

So; do they tend to ignore these offers if they are not interested? If they were interested I would have thought they'd have been in touch by now...

[Old Cogger]

REMOVAL ? MORE LIKE SATTISFIED MARKED - not removed ver difficult if you start pklaying around as they will not remove unless the entry is un factual!

[Melbel]

I did write on the letter I will not accept satisfied or settled as it is of no benefit to me. There is no credit agreement for either account, I haven't paid on them for a couple of years so will just leave them in default as they are unenforceable

[Melbel]

Hello All

 

I have received replies from both Lowell (Barclaycard) and Simply Be following my offers for F&F settlements.

I will post separately the replies so not to confuse accounts.

 

Starting with Simply Be.. They have said the following;

 

Thank you for your letter dated 25th oct, contacts noted etc...

 

This account was originally opened in April 2005 as a 28 day continuous personal credit account.

 

The current outstanding balance is XXXX

 

Credit charges were applicable blah blah

 

We have not issued any Default Notices or obtained any court orders in relation to this account.

(NOTE THERE IS A DEFAULT ON MY CREDIT REPORT FOR THIS ACCOUNT REGISTERED 2010)

 

Please find enclosed a ''True Copy'' of your credit agreement,

along with the current T&Cs applicable to your account, to which you have agreed.

 

We have noted your assertion that you did not sign the CCA in respect of the above account.

 

In the absence of any valid dispute over the components that make up the balance of your account

we consider your assertion that you have no legal liability for payment

to be based purely on the fact that you claim that the relevant CCA has not been signed.

 

We would make you aware of important changes implemented by the CCA 2006

in respect of credit agreements entered into after April 2007.

 

As your Credit account was opened after this date ,

even if we are able to produce a signed agreement (which is not admitted)

we have the right to apply to the court for an enforcement order.

 

An order will be made under provisions o section 127 of the CCA 1974

(as amended by the CCA 2006) unless the court finds prejudice has been caused as a result

of the alleged failure of your client to sign the agreement.

 

We do not consider that you have been predjudiced any way by the alleged omission

of your signature on your CA and we are confident that we would be successful in any application

for an enforcement order in respect of the agreement.

 

If you continue to dent any liability in respect of your debt

and do not make any further payments towards it

we can apply to the court for an enforcement order in respect of the agreement

and reserve the right to seek costs and interest.

 

In addition, our rights in relation to pursuing you for the cash balance of the goods are fully reserved.

 

we await your reply.

 

ALSO they've enclosed two copies of credit agreements with my old address in ( relevant to 2005) to be signed and returned

and two copies of agreements with my current address in to be signed and returned.

 

SO... what do I do now..

 

. Hmm. they've said I took the account out after 2006

but also mentioned at the start of the letter

The account was opened in April 2005 (which is correct)

not sure what to do next.

[Melbel]

The Lowell letter is pretty predictable.

 

They've basically said they cannot agree there is no Credit Agreement. They sent in 2012

Agreement of account

T&Cs

Statements of the account

 

Barclaycard have previously provided these documents to me under the CCA sec 77/78 request. (NOTE THEY SENT ME A COPY APPLICATION FORM)

 

based on the information i've offered 10% is too low.

Defaults are required on accounts to provide a true and accurate info on how my account is being conducted.

Unable to remove details of default and are obliged to leave it for a maximum of 6 years

If the account is settled in full they will mark as 'satisfied' if they agree to a partial settlement they will mark is as that.

 

look forward to hearing from me.

 

That was pretty much expected. They've never supplied me with the CCA I have requested it twice.

any advice on this is welcome although I'm more concerned with the Simply Be one now

[dx100uk]

cant see the logic of your argument.

 

not having a signed cca etc etc wont get that default removed.

 

you could argue that the default should of been placed within 3mts of your first missed payment

 

dx

[Melbel]

I wasn't trying to argue not having a signed CCA to get a default removed.

 

I offered them a percentage to remove it based on the fact there will be no further payments made to the account as it's in default of a S77/778 request. I haven't paid on the account since 2010 ish because they couldn't produce a signed agreement, that's why I've tried my luck with a F&F on full default removal.

 

I was wondering where to go next, I will just have to tell them I am leaving it in default of a CCA and will not be signing their form and continue to not make payment.

 

I was also curious as to why they would say they have not issued a default when there is one against my name. (Does it automatically do that if you miss 3 payments?)

[BRIGADIER2JCS]

They are not in default under the CCA 1974 you have been provided with a reconstituted agreement i.e., the relevant Ts & Cs and/ a copy of your app and a current statement of the account

 

A creditor sets their own time scale for placing defaults guidance say usually within 6 months of the cause of action.