Defaults and when they should have been applied

[Emmaphill1]

After a somewhat chaotic couple of years of drowning in debt I'm in a good job, sticking to a monthly budget and would love to buy a house in the next year. The issue however is my credit file and old debt.

 

Back in 2016/17 I experienced a period of ill health which saw me lose my job and fall behind with credit card and catalogue debts. I set up temporary arrangements with the majority of the creditors to pay £1 a month as this was all I could afford and I struggled to deal with communication with any of them. Most of the creditors defaulted me in Sept-Nov 2017 and sold the debts to debt collection agencies but there are 3 exceptions:

 

1. Newday Aqua Card

- they kept the debt for 2years with me paying £1 a month and then suddenly closed my account and sold it to Link financial who entered a default in August 2019.

I have only ever made £1 payments to Link financial and they have never pursued more. I'm thinking of submitting an irresponsible lending claim to Aqua as they increased my credit limit numerous times even though i was paying minimum payments and taking out payday loans - is this something I can do?

 

2. Vanquis Card - was paying £1 a month and then they suddenly closed and sold my account to arrow global who then defaulted me  May 2021 . Since the debt has gone to Arrow I have made no payments, they send statements every couple of months but that is it. This is the default that is hurting me the most. The balance is £2,700 should i offer a full and final settlement or challenge the default??

 

3. Creation Finance  Credit Card - No default entered and still with original creditor they just keep marking credit file as 5 months overdue - I pay them £5 a month with a balance of £500 - i'm thinking of offering a Full and final settlement to them.

 

For the defaults entered in 2017 will they fall off my credit file this year even if there is a balance with the debt collection company?

 

Any advice would be great and I'd be so thankful

[dx100uk]

aqua the OC defaulted you not the DCA.

same with vanquis.

 

debt collectors cant default you no matter what they might claim as the CCA agreement is terminated by the OC upon sale.

 

then regardless to whatever you do

each debt will be removed from your file as that date meets it's 6th B'day, never to return.

doesn't mean the debt is statue barred mind,

.that is if your original creditor did issued you with a default notice under sec 87/8 of the consumer credit act.

 

SB date ...thats down to if you paid or used the 'credit' after that date, or YOU wrote and SIGNED a letter to the debt owner stating i owe you this debt.

[Emmaphill1]

But the default states Arrow global and Link financial respectively - I also can't recall receiving a default notice off either of these companies. Should I submit a subject access request to find out  if they did issue a 87/8 default notice?

[dx100uk]

on your credit file in the debt summary it will state 

defaulted date=  xxxxx

thats when the OC registered the default having already sent you a DN.

 

a debt buyers name replaces that of the OC on your file when they buy the debt. following their Notice Of Assignment.

[London1971]

About your May 2021 Vanquis Default, with a view to you buying a house next year.

 

1. It will be 3 years old by then, and have a low impact on your mortgage eligibility

2. Paying this default off won't make any difference to that eligibility , it will simply be a waste of £2700

 

Don't pay them anything, but as with all debts if you have moved since taking it out then inform them in writing of your current address, that's just to be aware of any claimfom they might send you, and avoid a back door CCJ that would ruin your chances of a mortgage for at least a year.

[dx100uk]

3 hours ago, Emmaphill1 said:

I have only ever made £1 payments to Link financial and they have never pursued more. I'm thinking of submitting an irresponsible lending claim to Aqua as they increased my credit limit numerous times even though i was paying minimum payments and taking out payday loans - is this something I can do?

 

no harm in trying though i would SAR Aqua (newday?) 1st and get the comms log too.

though unless you had numerous defaults already they'll probably be no case to answer for each limit increase . same goes for the PDL's they are your real target here on IRL, but most are now well dead and buried.

 

3 hours ago, Emmaphill1 said:

2. Vanquis Card - was paying £1 a month and then they suddenly closed and sold my account to arrow global who then defaulted me  May 2021 . Since the debt has gone to Arrow I have made no payments, they send statements every couple of months but that is it. This is the default that is hurting me the most. The balance is £2,700 should i offer a full and final settlement or challenge the default??

not sure what you think you can achieve by challenging a default mind. the quicker a debt is defaulted the quicker it's removed from your file regardless to paying or not.

 

3 hours ago, Emmaphill1 said:

3. Creation Finance  Credit Card - No default entered and still with original creditor they just keep marking credit file as 5 months overdue - I pay them £5 a month with a balance of £500 - i'm thinking of offering a Full and final settlement to them.

 

well thats a true reflection, its a counter, you were late paying or didnt pay or didnt pay the required amount 5 times. not really hurting you at all.

 

paying off any debt by F&F or WHY does not improve your score any.