In a DMP, one third complete

[Thainy3]

The NRAM loan is a nightmare, it's not been "defaulted" but ticking over as arrangement to pay for the last four years as I have been paying back £180 a month. Even if I agree a full and final with them now, they are going to default it so the credit will be shot for another six years

[dx100uk]

who's the DMP with?

 

and don't forget reclaiming too?

 

dx

[fletch70]

So Paragon probably have no idea there is a CCJ and as they haven't had their name substituted they can not enforce anyway.

 

I would wait for the CCA requests to come back. If they are UE there is little point in reclaiming as they will only offset it against the balance. If however something comes back enforceable then yes think about reclaiming

[fletch70]

Thanks. Direct Legal & Collections (MBNA circa 2007), London Scottish Finance Ltd (HBOS circa 2005) and Paragon Personal Finance Ltd (M&S FInance circa 2006).

 

 

Sorry can we clarify

You said Paragon was the ex DLC MBNA but originally you said DLC had MBNA and Paragon was M&S

 

Which is it....it gets confusing and any advice given may be flawed

[Thainy3]

The NRAM loan is a nightmare, it's not been "defaulted" but ticking over as arrangement to pay for the last four years as I have been paying back £180 a month. Even if I agree a full and final with them now, they are going to default it so the credit will be shot for another six years

Payplan, nothing to reclaim. All interest and charges stopped

[Thainy3]

Sorry can we clarify

You said Paragon was the ex DLC MBNA but originally you said DLC had MBNA and Paragon was M&S

 

Which is it....it gets confusing and any advice given may be flawed

Paragon was M&S, DLC / Hillesden was MBNA (now has the CCJ). Sorry

[fletch70]

Thats fine, easy to get mixed up, do it all the time

 

Was the M&S a credit card, if so was it ever a storecard that got upgraded. If it was look at santander v. mayhew. I know Ms Mayhew and it was a big victory

 

Shame about the MBNA as there was a good chance it may have been UE..but too late now.

[Thainy3]

Thats fine, easy to get mixed up, do it all the time

 

Was the M&S a credit card, if so was it ever a storecard that got upgraded. If it was look at santander v. mayhew. I know Ms Mayhew and it was a big victory

 

Shame about the MBNA as there was a good chance it may have been UE..but too late now.

I think it was a credit card from the outset, I guess the CCA will show that?

 

Have a massive concern over the NRAM one, engaged Payplan to speak tomorrow but not confident on their advise. I simply need to do anything I can to stop it getting a default and another six years credit mess. Looks like I'm going to have lump up £13K and pay in full somehow. Wounder

[fletch70]

I think, even if you paid it all up tomorrow it would still show up on your credit file as settled but with an arrangement. maybe someone can clarify that for me.

Do you have 13K to pay?

 

I strongly suspect that they may not be able to provide a S77 request which would put you in a much better bargaining position if you want to pay up. If they did not you could offer say 20% as a F&F on the understanding they mark it as satisfied.

 

It is all up to you of course, just don't throw money away if you don't have to

[Thainy3]

I think, even if you paid it all up tomorrow it would still show up on your credit file as settled but with an arrangement. maybe someone can clarify that for me.

Do you have 13K to pay?

 

I strongly suspect that they may not be able to provide a S77 request which would put you in a much better bargaining position if you want to pay up. If they did not you could offer say 20% as a F&F on the understanding they mark it as satisfied.

 

It is all up to you of course, just don't throw money away if you don't have to

I don't have £13K but could potentially borrow it in a few weeks time. I will try and get some advice from the DMP co. Tomorrow. Should have sent in the s77 a month ago and agree re: the 20% S77. I assume that Marlin will issue a default and reset the six year clock

[fletch70]

That is something I really can't help you on...the default, damage to your credit file etc. If you want an alternative opinion National debt line are good and don't have an agenda i.e they only give advice

 

Do you really want to borrow the money or would it be a family interest free loan? Certainly whatever you decide I would get a much reduced full and final

 

I have asked a member of the site team who knows more about credit files and defaults to give you some advice

[Thainy3]

That is something I really can't help you on...the default, damage to your credit file etc. If you want an alternative opinion National debt line are good and don't have an agenda i.e they only give advice

 

Do you really want to borrow the money or would it be a family interest free loan? Certainly whatever you decide I would get a much reduced full and final

 

I have asked a member of the site team who knows more about credit files and defaults to give you some advice

Cheers chap, much appreciated. Family loan (potentially).

[dx100uk]

So Paragon probably have no idea there is a CCJ and as they haven't had their name substituted they can not enforce anyway.

 

I would wait for the CCA requests to come back. If they are UE there is little point in reclaiming as they will only offset it against the balance. If however something comes back enforceable then yes think about reclaiming

 

cca makes no odds to reclaiming.

 

if the debt is sold or not

or

if its a credit card

 

are the two main factors that dictate where the reclaiming result goes too.

 

dx

[dx100uk]

I don't have £13K but could potentially borrow it in a few weeks time. I will try and get some advice from the DMP co. Tomorrow. Should have sent in the s77 a month ago and agree re: the 20% S77. I assume that Marlin will issue a default and reset the six year clock

 

AP is a very unfair marker IF there is no default date listed in the debt summary.

 

if this IS the case & there is no defaulted date already

 

then you need to initially complain to NRAM about this

they 'should' have defaulted the account after your third missed or short payment.

as the AP marked unfairly disadvantages you against those that pay nothing.

 

the ICO say:

 

All references to a defaulted debt must be removed from your credit files

after 6 years has passed from date of default

- whether paid off or not.

This is so that someone who continues paying something even after 6 years from default

should not be at a disadvantage as to someone who pays nothing after default

and ends up with a clean file after 6 years.

once a debt has fallen of due to this reason, it can NEVER return.

 

so, thus, the AP marker is unfair on you.

 

IF NRAM do not rectify the situation, you can complain to the ICO.

.........................

 

paying off the debt.

 

once you get this default issue sorted

paying off the debt does not reset the default date.

 

.......................

 

there is also the reverse wisdom to consider upon other debts concerning F&F.

 

if the debt does not show at all

so thus it must have already fallen off as above

 

offering an F&F is somewhat considered to be a waste of money as in all effect it does NOTHING to

improve your credit worthiness, other than one of a moral nature.

 

dx

[fletch70]

cca makes no odds to reclaiming.

 

if the debt is sold or not

or

if its a credit card

 

are the two main factors that dictate where the reclaiming result goes too.

 

dx

 

 

DX thanks for the info on defaults , it is of interest to me as well as the OP

 

With regard to reclaiming not sure if I was clear and was based on cases I have read about. If a debt is UE and thus you are not paying it, when you reclaim the money is setoff against the debt. In cases where the debt has already been sold I have heard of cases where the OP has repurchased the part of the debt that balances out the reclaim. Hence it would seem to be pointless reclaiming . If the debt is EN and you are paying, different ball game all together

[Thainy3]

What do you mean by reclaiming? They have frozen interest, I don;t think there have been any penalty fee's added and there is no PPI

[fletch70]

Hi Thainy

If there is no PPI and if there were no charges added then reclaiming is difinitely not an option.

 

I would ,

however, be very surprised if there we no charges added to your account for late payments etc

however if they are of the £12 variety I am not convinced of the success rate .

 

If they are stupid amounts such as £100 for a letter as minicredit did to me

then yes of course try to reclaim (I am not reclaiming though because they have gone quiet and I do not want to wake them up)

[dominicstellar]

I noticed this thread whilst seeking information on the transfer of loans from NRAM to Marlin

and I thought I would chip in a little bit with the NRAM situation with defaults etc.

 

I defaulted then was taken to court in June 2007.

 

After this, the loan I had sat with a CCJ on my CRF, until suddenly in 2009, they started adding new markers on to the account. to say the account was up to date.

 

Then from about 2010 onwards they started adding 1,2,3,4,5 then finally adding a new default.

 

The new default was still there showing as defaulted after the 6 years since the CCJ had passed.

 

I had been speaking to them for around 8 months about the other markers on the account as I did not believe

(from ICO guidance or here and other sites) that there should be any markers other than the CCJ.

 

I had a complaint with them for several months and had emailed the CEO twice before he finally forced action to be taken the day after the second email.

I got the account removed from my CRF as the 6 years aince the CCJ had passed (I'm still paying it off)

and for some reason they gave me £250 compensation which I never asked for but gladly accepted..

 

. Typically for NRAM, they added a new default the next month but this was removed and for the past 3 months it hasn't been there.

 

However, speaking as someone who once worked in the technical sections of their mortgage departments,

it is trivial compared to some of the stuff they pull off on customers.

 

the relevance here is that staff in their collections department do not seem to have full knowledge about how to record accounts in arrears.

I was given all sorts of excuses over the past year, you wouldn't believe some of them.

 

They said on the phone that they were reviewing their entire CRF recording procedures as there are things they are not doing correctly

such as recording historical information that is older than the time allowed.

 

The other thing I noticed was the discussion about arrangement markers.

I have other accounts that are settled that had arrangement markers on them.

 

The accounts are marked settled, but they have arrangement markers on the months before being marked up to date for some months and then as settled.

 

I am not even sure some of them should, as I was repaying more than the contractual amount for a good amount of the time

and the ICO indicates that any reasonable payments should not incur these markers.

Reasonable of course being subjective.

[Thainy3]

I noticed this thread whilst seeking information on the transfer of loans from NRAM to Marlin

and I thought I would chip in a little bit with the NRAM situation with defaults etc.

 

I defaulted then was taken to court in June 2007.

 

After this, the loan I had sat with a CCJ on my CRF, until suddenly in 2009, they started adding new markers on to the account. to say the account was up to date.

 

Then from about 2010 onwards they started adding 1,2,3,4,5 then finally adding a new default.

 

The new default was still there showing as defaulted after the 6 years since the CCJ had passed.

 

I had been speaking to them for around 8 months about the other markers on the account as I did not believe

(from ICO guidance or here and other sites) that there should be any markers other than the CCJ.

 

I had a complaint with them for several months and had emailed the CEO twice before he finally forced action to be taken the day after the second email.

I got the account removed from my CRF as the 6 years aince the CCJ had passed (I'm still paying it off)

and for some reason they gave me £250 compensation which I never asked for but gladly accepted..

 

. Typically for NRAM, they added a new default the next month but this was removed and for the past 3 months it hasn't been there.

 

However, speaking as someone who once worked in the technical sections of their mortgage departments,

it is trivial compared to some of the stuff they pull off on customers.

 

the relevance here is that staff in their collections department do not seem to have full knowledge about how to record accounts in arrears.

I was given all sorts of excuses over the past year, you wouldn't believe some of them.

 

They said on the phone that they were reviewing their entire CRF recording procedures as there are things they are not doing correctly

such as recording historical information that is older than the time allowed.

 

The other thing I noticed was the discussion about arrangement markers.

I have other accounts that are settled that had arrangement markers on them.

 

The accounts are marked settled, but they have arrangement markers on the months before being marked up to date for some months and then as settled.

 

I am not even sure some of them should, as I was repaying more than the contractual amount for a good amount of the time

and the ICO indicates that any reasonable payments should not incur these markers.

Reasonable of course being subjective.

Thanks. Sounds like it's going to be a journey! Who and how finally resolved? Maybe I can go straight for that approach now