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Default removal request or await statue bar? Help


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Hi,

 

I checked my credit file today with a Multi- Agency Credit Reference agency. I saw a lot of defaults, many of them in duplicate!

 

The questions I have are as follows:

 

  1. Do I say nothing and wait a few months until defaults drop off? (due to drop of at some point in 2012)
  2. Is it true that after 6 years the default drops off, paid or unpaid and cannot be chased?

Was planning on hanging on in there until the 6 year statute bar applies? Any thoughts

 

Background-The debts in question:

 

  1. Egg- requested CCA a million times and they did not reply for 2 years! Admitted as much in a letter. I stopped paying them in 2006 and was defaulted then. I believe we came to an arrangement of sorts at some point in 2009 and then when no response from CCA request I stopped all payment completely. Credit file does not reference this though. They sent the account to a few DCA's including the illiterate FREDICKS and MOORCRAP and I wrote to all disputing debt due to CCA being unenforceable. Then high court judgement changed my views on sucessfully claiming in court. Since this time (OFT judgement) I've laid low and am wondering if I should ask for Compensation for duplicate entries (differing amounts but definately same debt) or just await the drop off from my credit file and look forward to a clean one in a few months. Default on credit file dated 2006.
  2. BarclaySharks -This lot have defaulted me in 2010 and I disputed the card in 2006, no payment since 2009. Entered default twice too. SAR not complied with, so cancelled payment arrangement. Heard nothing more, despite writing to them to solve on several occasions, now defaulted for same debt twice- two differing amounts.
  3. Welcome Finance Took loan in 2006, disputed due to CCA errors in 2006, stopped paying in 2006, defaulted in 2010- Twice- two differing amounts.
  4. Halifax Had a current account. Over limit by under £10, then charged £5 a day until £500 added. Disputed, won dispute, charges removed, but today noticed Default. Bit peed, because they upped my account to an Ultimate Rew(f)raud Account a few months later. Aren't I lucky. Can I ask for this to be removed as the reason for the dispute was due to me not being aware of the new terms and conditions as they had not sent to me, changing my interest from £6 a month to £31 a month as well as £5 a day for going over O/D limit (by 8 quid if I remember correctly)
  5. T-mobile Sent me to DCA for unpaid disputed bill. Went abroad in the days before Android phones and got an unexpected bill. They wanted all straight away. Couldn't afford so paid in installments. One day got letter from DCA, despite not missing any payments with them and instead of arguing agreed to continue paying them as the balance was quite small. Long and short they did not send a bill for final £16, nor chase me, but added default for £16! have since paid but default still there and reporting with credit agencies as still unsatisfied. Would like to write and ask for compensation as last payment in full and final was sent to DCA in 2009. In 2012 when I queried this, DCA now say they have no record of me (Moorcraps) They had record of me when they were harassing me for money ironically.
  6. AA Finance Defaulted in 2006. Asked for copy CCA nothing- account was sent to BOS. Currently in payment arrangement with them. Requested CCA from BOS in 2010 and paid fee, no response from BOS or AA. Re-requested same information from BOS today and advised will stay over my S/O until copy CCA or notice of assignment provided. In the alternative should I wait until end of the year and stop paying BOS? Will the SB not be enforceable as I have been making payments to BOS in a payment arrangment?

Finally, I have lived at my address for donkeys so no address issues and have been on the ER the whole time. All the above are unsecured debts and I want to make an application for mortgage now but due to credit history am reluctant.

 

Thanks for reading, hoping to get some responses.

 

Thank you,

SillyEgg1

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Hi

Answering all 6 creditor problems on one thread is guaranteed to cause confusion. Pick one creditor for this thread and then start new ones for the others.

 

Regarding Statute Barred . So long as no payment nor acknowledgement of any debt is made in any 6 year period (5 years in Scotland) then the debt is SB

 

Your thinking in point 2 above is flawed. After 6 years, the default may fall off your credit file but this does not mean the debt disappears as well. That carries on until either the debt is cleared or you haven't paid anything for 6 years

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Hi, Yes you are correct all entries are removed after 6 years,

but that does not always mean the debt is statute barred

the entries are removed paid or not so any payment in that

6 year period will have restarted the 6 year clock.

Also statute barred debt can still be pursude for payment

until the debtor has informed the creditor/DCA that the debt

is statute barred and they will not be paying ( notification must

be in writting.

As a mortgage application you should be aware that all lenders

are looking at at least 3 years proper credit management and

most likely 5-6 years, also these entries being removed is not

going quickly or dramatically improve your ability to get credit

especially for mortgages.

So to be frank it is a long hard period of attemting to build a

credit history imo 4-5 years, don't make loads of credit apps

get a credit builder credit card with a low limit pay off each

month, get a cheap mobile phone account again manage it

carefully.

Sorry apart from winning the lottery there is no magic cure.

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