Egg. The FOS say Egg will refund using the FOS guidelines for PPI refunds. Incidentally, this final default on my file is being removed. I complained to both the OC and the DCA about the default. The OC originally sent a letter saying it was accurate. I haven't heard from the DCA yet. I've just received a letter from the OC stating they will re-take control of the credit file entries and backdate the default date to what it should've been, if they had followed the ICOs technical guidance.

2004/2005 I got myself into financial trouble. I entered a DMP and started to tackle my debts. I ended up with 7 or 8 defaults on my credit files. Present day situation following a 4 year battle- I have one default, which will no longer show in November 2012. I'm fighting this one still but don't expect the DCA to give in- they haven't done over the past year or so. I'm also waiting on a PPI refund. I had to go to the FOS to be successful in my claim. The FOS wrote to me to say that I would have to wait up to eight weeks for my card provider to write with their offer. 7 weeks have passed. Due to the defaults on my files, the only credit I could obtain was a high interest card, 49.9% apr. Unfortunately, I rely on credit in emergencies, and for the past 18 months the card has been maxed out because we were forced to move house three times in 4 months. Some months I can only manage minimum payments, others I make double the minimum payment, sometimes I can't afford the payment. We have arrears with our electricity provider and huge council tax arrears. Now the government wants to increase my pension contributions, cap my wage rise (its frozen at the moment), and generally prices of everything are rocketing. I was on a high getting down to one default but these stubborn buggers are ruining my life, my family's life, and I fear I'm entering another 6 years as an affordable credit pariah thanks largely to this one DCA. Every day is a headache (literally) and it is impacting on my relationship with my partner and my step-son. There are times the car runs on fumes and I don't know whether I have enough fuel to get to work, or home from work. I would love to study again to really boost my career, but that takes money, lots of it. What's the point of getting out of bed in the morning? Can we the masses ever win over immoral big business? Here was me thinking slavery was abolished.

A letter written by myself and headed "without prejudice" can't be used as evidence by a creditor taking legal action against me in court? But can I use such a letter, or an extract of said letter, in my own evidence against the creditor?

sly, if thats a statement i would guess these are charges, not dates for a default.

to be brutally honest, regardless of whether the account shows as partialy settled or fully settled, the fact that the account defaulted is all a creditor will see.

ICO got back to me today. Version 1 attached, dated 1999. Version 2 was never published. Technical Guidance Note - Defaults.doc

ico emailed me back. they'll give me an answer by 20th november.

he did say that he didn't think the guidance has changed much over the previous versions. but i can't very well quote that in my lba.

well, phoned the ico today. the guy couldn't be more disinterested if he tried. basically said that i wouldn't be able to find previous versions on their website. didn't even offer to source a copy for me or anything really.

sar cap one

Does anyone have a link or copy of versions 1 or 2 of the ICO's technical guidance notes for filing defaults? whichever is applicable for November 2006 is what i'm really after. Or does anyone know if the ICO apply version 3 retrospectively?

what sort of payments were you making? low? ie token?

denise, why let it lie. if its prevented you getting credit and you truly believe it is inaccurate then go for the jugular ie compensation.

john, i'll answer best i can. 1) lowell have a right under ownership. 2) the lowell default should be 2008. contact the cra with proof that lowell bought the debt from barclays and also refer them to previous credit report with barclays default dated 2008. they should change the date. they won't and instead will contact lowell but lowell should then instruct cra to change date. 3) account in dispute then it shouldn't be sold on. simples! i would say this, lowell are pussies. i've beaten them on two separate accounts. it took a wee bit of time, but i got there eventually. keep at them and i'm confident you will win.

chances are if you reclaim ppi then egg will use any refund to offset your current egg balance. egg are notorious for giving people the run around with ppi claims, although since the bba lost their high court battle i think egg seem to have given in a bit more.

regardless of whether they are paid or not, the default record should be removed from your file. if you stop paying your biggest worry would be if the creditors took you to court and won a judgement against you because that would then get listed on your file, and its a seperate thing from a default.

if you've contacted equifax then they will remove it. removal doesn't seem to be part of an automated process from my experience. some cra chimp must have to trawl through records and manually remove them.

Does anybody have a copy of/link to version 1 and 2?

I had a Capital One credit card from 2004-2005. I cant remember the APR. My statements say a (monthly) interest rate of 2.248%. Can anyone hazard a guess if this is the monthly interest rate, or the monthly percentage of APR?

is this a current account? if it is, then i'm afraid there isn't the same protection offered as for loans and credit cards. there is no need to give 14 days to rectify the problem.

request the cra s remove it on the grounds you can't have two defaults for one file. best done if you have a copy of the notice of assignment. contact both the dca and oc and demand they remove the defaults. i would go as far as saying report it to the ico as well. even if the dca/oc removes a default, the ico should be made aware.

confused! what's this all about then??

there are guidelines, but they are rarely followed!

Has anyone heard from Egg since the BBA gave up its appeal? I asked for a refund of my premiums last year and they refused saying it wasn't mis-sold and that I had all the facts about the policy and it was my responsibility to ensure it was suitable. Complained to FOS who started looking into it. Got a letter from FOS after the BBA threw in the towel saying they were leaving it to Egg to make a decision following the BBA appeal, and that if Egg still refused to refund then they would take up my complaint again.

aye, i will. i also asked for them to have any crf searches removed. i'll have to ensure they have complied with that.