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    • If a DCA supplies a reconstituted copy of the CCA what would be the next step. It seems that a reconstituted copy must be a " true copy " of the executed agreement, it must contain the Prescribed Terms. But given that there is no copy of the applicants signature surely it could be an agreement form with the details filled in. How can it be assumed that this " copy " represents a true copy that the claimant has supposed to have signed. Cabot have demonstrated a bit of sabre rattling when they say "Until we're able to provide this information , your account is unenforceable. This means we're not permitted to obtain a County Court judgement against you . Whilst we cannot pursue legal action, your balance remains outstanding ". I looked up a case... Cabot UK Ltd  v  Bachellier (2010) which might help, but it's tough reading, I'd prefer to plough through War and Peace. This particular case with Cabot is not huge , approx' £140, but the only other worry that I have is also with Cabot...£2100. They may try to make a point with lesser case.        
    • you'll never find a court open on a w/end MB. all courts are closed Good Friday and Bank Holiday Monday. However as Andy points out, that does NOT mean you get 2 extra days to file, you get one, same as xmas/new Year. UKPC have not filed their, so no rush on yours as dave says.  
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    • UK travellers are being caught out by post-Brexit passport rules.   When do I renew my UK passport and what is the 10-year rule? WWW.BBC.COM UK travellers have been turned away at airports because their passports are not valid for EU travel.                                   
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Arrangement to Pay has caused a Default on my credit file


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Hi,

 

I wonder if anyone can help. I recently entered a DAS(Debt Arrangement Scheme - applicable in scotland) to pay of 50k of debt. The terms of my 5 loans have been increased to 100 months of £500 payments from 60 months, and i am still paying the total amount off which is my intention.

 

I've recently looked at my credit file and i have 5 defaults for these loans, is this correct?

 

I was expecting there to be an adverse affect on my credit file, but i was expecting 'AP' arrangement to pay on my file as opposed to a 'default'.

 

I've made every effort to face these debts and pay them off, but my credit file looks the same as if i had ignored the debt and not made any effort to deal with it.

 

Is there anyway this can be changed? I've recently been refused a job because i failed the credit checks.

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They do have to send you a notice of default although non-delivery (in the case of moving home for example) doesn't cut the mustard as far as non-service a default notice. Prior to the default notice they have to warn you you are at risk of default, and they must give you the chance to pay to prevent the account falling into default.

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Agreed, my offer to pay reduced terms over a longer period, paying the whole sum back has made no difference. They've defaulted me even when they've agreed the terms.

 

Any ideas on what i should do?

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They cant default you unless you defaulted on the scheduled payments. That`s how it feels to me. Raise a dispute with the agencies in question.

 

Pending on your situation you can hard ball the creditor saying that you about to move abroad to the likes of Cuba and if they want something you offer them a 10 pence on a pound provided they also give you a letter stating their total satisfaction, the fact that the debt is fully discharged and their agreement to remove all arrears, defaults etc from your credit agencies file.

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i've spoken with TSB who say they will remove the defaults and will fax equifax so it is done quickly.

 

They still haven't done it. i've phoned every day and keep getting excuse after excuse, i've asked for it in writing and they say they have requested that it is sent to me.

 

Has anyone else had any experience of this? Whereby verbal promises are offered but never actioned?

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  • 4 weeks later...
i've spoken with TSB who say they will remove the defaults and will fax equifax so it is done quickly.

 

They still haven't done it. i've phoned every day and keep getting excuse after excuse, i've asked for it in writing and they say they have requested that it is sent to me.

 

Has anyone else had any experience of this? Whereby verbal promises are offered but never actioned?

 

All the time.. they say one thing on the phone and do another in reality. Ask for a copy of their complaints procedure and escalate your complaint. If all else fails threaten them with legal action. That may get their attention!

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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