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Everything posted by user2001

  1. Yep. Fortunately for me, I was able to get a couple of accounts which did issue a default (but delayed) to have their dates set back so this is the only thing adverse info on my CRAs and it will be gone in 18 months. Mortgage broker seems to think it won't be a particular issue give my income and LTV so at least I am not stuck in an undersized house on NRAM SVR
  2. Here is the decision on my complaint to the ICO made in Dec 2013 and issued in Jan 2014 for an account where the DMP started in 2006:
  3. I would see if they will remove the account from all the CRAs too as part of the settlement (can't hurt to ask)
  4. Indeed. I hope someone can use the new European 'right to be forgotten' law to challenge this at some point. Also - if I were in this situation again (or talking to someone who was) I do everything I could to force the hand of all my creditors to issue a default before then coming to an agreement (DMP etc) with them if it was looking unlikely that the situation could be cleared up within 6 years.
  5. The guidance (and it is only that - not law) changed this year and basically as long as the record is 'factual' then they will not uphold a complaint of delayed (or no) default. The FOS agree with them. So now it is likely that adverse information will be visible well beyond 6 years from the time you started having financial difficulties.
  6. I would imagine you can be identified from the link to the new loan documents you included in your last post - may be a good idea to remove that link. Did you actually apply for another loan or is this out of the blue?
  7. The dishonour fee appears to be a default fee and is inline with the generally accepted £12 applied by other organisations. Not sure on what basis the arrangement fee could be reclaimed as it would have presumably formed a clear part of the T&Cs but would be interesting to see if you manage it.
  8. The 6 year rule has nothing to do with whether an account has been settled. It simply means that any account (regardless of whether it is settled or not) will vanish in its entirety from your CRA files on the 6 year anniversary of the default date on that account and will no longer be visible to you or on a CRA credit search. If your default dates on those two accounts are July 2008 then they will be removed this July.
  9. I suspect the devil will be in the detail of exactly what they put in writing that they were agreeing to do as a condition of the mediation.
  10. Sorry if it's not what you want to hear - but it was the ICO's position when I complained to them earlier this year about substantially more late payment markers than you have.
  11. The 6 month concept is outdated since the ICO updated their guidance early this year - so I wouldn't be overly surprised at your default date. They would be argue that they gave you plenty of opportunity to avoid the rather nuclear-level event of a default going onto your CRA files. It will stay there until August 2019
  12. Should that guidance be applied to AP from 2014 onwards or are they trying to imply that it is a retrospective guidance
  13. To clarify: I am referring to a debt that is under an arrangement to pay (effectively a formal or informal DMP style arrangement) so in no way SB.
  14. That was my plan once the ICO get to their final stage and find in MBNAs favour as I anticipate for my complaint.
  15. No worries The link is on the original post as a hyperlink on the word HERE Here is the full URL: http://www.consumeractiongroup.co.uk/forum/showthread.php?383367-Credit-file-default(1-Viewing)-nbsp
  16. I'm waiting for the FOS to issue a decision - but I am not optimistic. You can search the database of several years of FOS complaints and their outcomes. I found several similar complaints which were never upheld.
  17. No it's not really about me - i've pretty much finished with making F&F to clear my debt. But reading the thread I linked indicated a significant difference of opinion which then also appear on many other similar threads so I was curious to see if any action had actually been taken in those circumstances.
  18. Sorry to be the bearer of bad news - but the ICO have supported similar action from MBNA on my account with them.
  19. Hi all, I am interested in direct experience of anyone who has decided to stop paying a valid (ie not statute barred etc) debt once it drops off your CRA (6 years after the default notice). Did your creditors just give up, did they try contacting you and more importantly, did they try to take further legal action? There has been some argument on the validity of this kind of action here but with no real conclusion.
  20. ICO turned mine down - FOS still investigating.
  21. These are the monthly status codes reported to callcredit (Noddle) by each creditor to reflect how the account has been managed. OK = account up to date (you have made the minimum contractual payment) DM = DMP? The new ICO guidelines for 2014 state that accounts under a DMP must be reflected as such so I presume this is the new marker (its not a good thing really if you intend to get further credit) AR = Arrangement to Pay (this is the old code you would usually get on a DMP account - where you have made an agreement to pay what you can afford on a pro-rata basis, this would be below the minimum contractual payment) BB = Account is in sustained / long-term arrears (more than 3 months since your last minimum contractual payment) Yes I would check equifax - but I would also only bother with the £2 statutory report as it will tell you all you need without the bells & whistles Its worth checking all three CRAs as not all creditors report to all three - and also they are unlikely to check all 3 when doing a credit search. {Edit - as a side point, I would find the email address of the CEO of YB and email a formal complaint to him/her quoting the date of the letter from them agreeing to remove the adverse data and requesting compensation for the damage it is doing your credit file while it persists. I would expect a £100 gesture of good will .... not too shabby)
  22. Well I would keep my head down with MBNA if I were you by not sending an SAR etc (there is nothing to stop them changing the payment markers retrospectively to reflect what has actually been happening as far as I am aware). Have you confirmed this will all 3 CRAs?
  23. AP is an arrangement to pay - meaning you have agreed with your creditor to pay less than the contractual minimum payments (usually with a suspension of interest & charges - and in the case of a CC, the card is no longer useable)
  24. That's interesting - I would have expected MBNA to have given you AP markers. So you just have a load of 0 markers then? Those accounts will remain visible until 6 years from the last payment (which would be your F&F) {Edit - yes based on what you said, they will show as settled and will appear for 6 years beyond that settlement date. But if there are - as you say - no negative markers, then you have nothing to worry about with those accounts or how long they are reported for.)
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