Hi,

I hope I have posted this in the rigjt place.

I wonder if anyone can help me.

I was served a default notice by Nationwide in December of 2007 for arrears on a personal loan account.

I eventually managed to bring the account up to date but in 2011 defaulted again

and was served a default notice in July 2013.

I have read on other threads that an account can not be served with more than one default notice.

Is this correct ?

if the account was brought up to date then defaulted again?

I have the paperwork for both defaults which state different amounts being owed but for the same account.

Also if it is correct that I should only have one default

then what should I do to get this changed on my credit file?

I am working hard to pay off the amount still owed and also on another couple of debts.

I have 3 defaults in total on my CF

but the other 2 are 3 years old so I am half way to cleaning my file.

Another question that I have is that

it will probably take me another 3 years to clear the debt,

will the monthly DF on my credit file mean that even in 3 years my when the DF fall off

I will still be in a bad position as the debt will only just be paid?

Sorry for the multiple questions.

Any help would be very much appreciated

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

to someone who pays nothing after default and ends up with a clean file after 6 years.

Hi thanks for the reply, the 2007 default is not showing on my CF but the 2013 one is. So can they do that? Serve 2 defaults on the same account?

Essentially it looks like they have defaulted me twice, but only the 2023 one is on my CF. Is this because I defaulted then brought the account up to date then defaulted again?

*2013 not 2023 obviously

they cant change the original defaulted date.

so if it was defaulted in 2007

and you did not rectify that default in the first 14 days

it would have been registered.

when that default reached its 6th birthday the account should have VANISHED

complain to them.

dx

Wow so the account should be closed and the debt no longer exists?

no the debt just should not be showing

just because a debt is not on your cra file

does not mean it does not exist

dx

Ok you're probably right.

I really need some advice on my debt and where I stand with it all.

Could you recommend an organisation that can help?

I need to know the best way to clear this debt.

One is for an overdraft and I am so I am not even sure how much the monthly repayments should have been.

I am getting married this year and I really want this all delt with so I can start a fresh

tell us about your debts please.

dx

£850 to M&S credit card,

£2240 to Lloyds TSB over draft,

£1994 to Nationwide (this is the default account)

was made redundant on medical grounds in 2010 due to brain tumour and couldn't pay.

Back working full time now.

M&S and LTSB have defaults from July and October 2011.

I want to know the best way to tackle all of this debt so that I can get my credit performing again as quickly as possible.

Any help would be great.

No PPI owed on M&S or Nationwide and can't see anything on LTSB that would suggest ppi on the overdraft

there p'haps light on the NW default situation.

but the other two

theres little you can do to get them removed.

have you paid anything on any of them since when?

I am on a very small repayment plan but it is only £5 a month on each so

I will be very old before they clear at this rate.

I am in a position to increase.

When I look at my CF it shows as DF each month on these accounts.

Would it be best to get them satisfied ASAP or does the monthly df not affect as badly as the main default?

I was thinking that if I satisfied them all as soon as possible then it would help then just 3 years till the remaining df notices fall off.

I would need to borrow that money from family if I was wanting to pay it all off immediately

and I am not 100% sure that would be an option.

I just want to know whether it matters how quickly they are paid now so long has gone past - in terms of my CF

the killer will be the default date in each debt summary.

it will matter not what you do

paid or not

the default remains for 6yrs

on the defaults 6th birthday

the WHOLE ACCOUNT VANISHES

paid or not.

if you three debts all have defaulted dates in their summary line

paying them off wont improve anything on your rating.

bottom line sadly.

are these all still with the original creditor & not with DCA's?

dx

Hi Sorry I wasn't alerted that you responded.

All accounts are now with DCA's. So

if I understand you correctly,

I should just remain on the payment plan that I have as no matter what I pay for the next three years it is not going to improve or worsen my CF?

Then I will just continue to pay them the £5 a month if that is the case.

Also could you point me in the direction of who to write to, to have the default notice date changed back to the 2007 date on the Nationwide Account?

Thank you so much for all of your help,

this site is so amazing!

if all your accounts are with DCA's

I would seriously consider a CCA request to everyone of them.

in relation to the default date issue

you need to complaint to nationwides compliance manager.

Please excuse my ignorance/ stupidity but what is a CCA request and why would I need to do it?

click it and read

if whom you pay do not hold the required signed agreements then they have no legal right to demand money from you.

DCA's are NOT BAILIFFS

and have

NO SUCH BAILIFF LEGAL POWERS

Right, great I will get on to that. Thank you very much this is a great help. Would this apply to the overdraft as well?

sadly no

who are the DCA's you are paying please

and when were these debts originally taken out and with whom? [original creditors]

I am paying KMPR (I think) for Nationwide, Acktiv Capital for Lloyds TSB (Overdraft) and BMS for M&S credit card

KPR are nationwide

urn AK eh..well known cash cowers ..we call them A Kleeners.

BMS a name I've not heard in years.

who's listed as the owner on the cra file for the M&S card?

looks like an SAR might be in order to each ORIGINAL CREDITOR too

if theres penalty charges involved here

Penalty charges....repeating my stupidity here

Oh the BMS has been sold on to Idem Capital Securities

Strangely the Nationwide account is still showing on my CF as being with Nationwide but I have letter from KPR showing them as having the debt. I am getting this information from Noddle.

So to be clear,

I should send CCA requests to KPR and Idem Capital Solutions?

I know that M&S don't have a copy of the original signed agreement as I sent them a SAR last year

and all they could supply me with was print outs of statements historically.

I am not sure about penalty charges though.

I am pretty sure all of them put penalties onto my accounts for non payment.

Also should I be double checking the dates of the defaults?

I have no paperwork from any of the other ones showing that they were going to default my account.

I am very good at keeping paperwork and I have both DF notices for Nationwide....

The M&S card was taken out around 2002,

the Nationwide loan was 2005 and

the Lloyds TSB account was from 2004...

What should I do about the Lloyds TSB overdraft..

.nothing?

for whomever you are paying the M&S card to..send a CCA request.

sadly I think on this I think you are being cash cowed.

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

as for the Lloyds OD now owned by AK

pers i'd stop payments, but that's your coice

if LLoyds sold it years ago

no doubt its 90% bank charges

typical for Lloyds to sell these on

i'd start a new thread in the Lloyds forum for this one

then we can get the paperwork up.

dx

Sorry what do you mean by cash cowed?

I will send a CCA to M&S,

should I also do this for Nationwide?

How can I just stop the payments to AK?

Will they not come after me?

I was very seriously ill and the debts defaulted because I was made redundant on medical grounds with a brain tumor.

The debts have caused me to have serious anxiety to the point that I am now agoraphobic.

I am scared of these companies and what they will do to me.

I couldn't cope with the letters and phone calls starting again....

Sorry what do you mean by cash cowed?

paying for a debt that does not legally exist.

 

I will send a CCA to M&S,

you said you were paying BMS?

who are you sending the money too?

 

should I also do this for Nationwide?

you cannot CCA a bank account.

 

How can I just stop the payments to AK?

if they have been fleecing you blind you can!

 

Will they not come after me?

seems to me you've fallen for the oldest trick in the book

scary threat-o-grams that say everything bar WILL anything.

Wow ok....this helps. Nationwide was a personal loan not a bank account. Lloyds was a bank account