Tried everything no luck - court worth a go?

[alan7181]

I have a number of defaults all at least 3 years old. I have tried everything. Since July I have written countless letters, complained to the Information Commission and Financial Ombudsman. All with no success whatsoever. I don't think I am close to getting even one removed.

My last resort is now to go to court. Have many people tried this and has anyone actually won in court or the other party back down once proceedings started.

I don't want to waste my time and money if there is little prospect of success.

I am pretty despondent as this forum initially gave me great hope but these hopes have been severely dashed.

[postggj]

what are the grounds in getting the defaults removed

for your info
there is a cagger at the final stages of there claim with experian
i would wait till that ends

what are the grounds on getting the defaults removed

[Allwood]

Alan have you sent Subject Access Request to the OC and see what they have in relation to the debt, if there is no CCA then CRA will have no option but to removed the defaults from your credit file.

[alan7181]

I have sent for S.A.R - (Subject Access Request)'s and done everything recommended in the threads. Take Co-op Bank they say that they have standard terms and conditions that I must have agreed to other wise I would not have been issued with a card and by using the card I agreed these. Secondly they claim to have sent me a set of terms and condition when they sent out new cards in 2004.

I have pointed out to them that firstly I didn't receive them and anyway as I didn't sign them I did not agree to them.

Still even though they admit they have no signed agreement they refuse to remove the default.

The others are all similar. I have written lots and lots of letters all the inital ones using the standard template letters. The argument about the agreement to allow them to share the data ending when they terminated use of the card is dismissed almost out of hand.

I have reached the point where court is my only way forward but don't want to waste money as I feel this board may not paint a true picture of just how difficult/impossible it is to get defaults removed and cout action will be expensive in time and money and equally ineffective.

[spark1]

alan7181

The way I read your posts, you dont sound happy with the forum or the advice on offer. I believe this forum is free to use. The simple alternative is to put your hand in your pocket and pay a solicitor for advice.

Spark1

[alan7181]

The point is that lots of people log onto the forum and think they can get their defaults removed.

In my experience they are not being told the whole picture. Yes one or two people may get defaults removed but they appear to me to be in the very tiny minority.

I just think it is worth putting this on the forum so people get a more rounded and complete view.

Nothing would have pleased me more than for my post to have been swamped with replies from people who got their defaults removed.

Sadly thats not the case. Not even one in fact.

[postggj]

hi alan

12 months ago i had 2 ccj and 5 defaults
today
none

just have a little faith and dont take no for an answer

one of my defaults took 8 months to be removed

please be patient

[Newborn]

Hi alan7181, all I've ever seen here is the acknowledgement that removing defaults and CCJs from a credit file is possible but hard work and time consuming. I for one would never pretend otherwise.

Newborn

[alan7181]

Thanks for the replies- looks like I need to keep going for a few months more. Court is probably not the best way forward yet.I didn't think it was possible to get a CCJ removed. How did you do that. I thought it was kept on a public record that could not be removed.

[alan7181]

Thanks for the replies- looks like I need to keep going for a few months more. Court is probably not the best way forward yet.
I didn't think it was possible to get a CCJ removed. How did you do that. I thought it was kept on a public record that could not be removed

[postggj]

hi alan

its called set asside

you need to explain a bit more on any ccj
its possible, straight forward,
but there are possible grounds

[bobbyh99]

I had a number of defaults a year or so ago. Firstly, I took a couple of oldish, small defaults and wrote to the companies asking them nicely if they would be prepared to remove them (due to age and amount). 2 were removed this way.

Another of the defaults was for a mail order catalogue which was not mine. I spent about a year writing to both the DCA and the CRA's and even complained to Information Commissioners Office, who amazingly ruled in their favour. Anyway I think they (the DCA) got fed up with me and decided to delete the default.

The last one, which is still there is for an old credit card which was made up entirely of charges, which I successfully claimed back. I won these charges in Dec07 and I am still trying to get the default removed.

So keep going, you will get there in the end!

BobbyH