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Everything posted by Secretjay

  1. Hi, As far as I was aware all my accounts had been Defaulted in April 2006, I received Default letters for them all. I've checked my Credit file recently and: 1. my Halifax Credit Card Default is dated as January 2008, does anybody know why the date is different from my Default letter? 2. my Halifax Loan is down as an Arrangement to Pay, there's no Default registered. I've been paying reduced monthly payments for years now but I'm just worried in case they enter a default in the future, ruining my Credit file for another 6 years, can they do this even though I have a letter informing me of a Default being registered in April 2006? 3. Same situation with my Barclaycard, it's marked as In Arrears on my Credit file, no Default registered although they sent me a letter informing me of a Default being registered in April 2006. Thanks Sjay
  2. Thanks Dizzle, I understand the balance still exists just glad it won't show forever on my Credit file as I slowly but surely pay them off.
  3. Thanks very much craigers, you've so made my day. I've been reading alot lately on this site & I have come across a fellow cagger whose defaulted accounts disappearred from their Credit file after 6 years even though there was still a balance on them, just as you say. I was thinking my Credit file would be ruined for life, so glad it won't be (although I've no intentions of ever getting credit in the future) Thanks again Sjay
  4. Hi M1sterP, sorry to bring up an old post, but I've recently been asking this question about defaults. A couple of my accounts were defaulted Jan 2006, I was wondering what would happen after 6 years when the default dropped off but I still had a balance on them. You've said your account disappearred altogether, was it just CCJ's you had or did you have defaulted accounts aswell which dropped off? Great news for you anyway and thanks for updating your post, gives me hope as it could take me many, many years to clear off my balance and I was thinking my Credit File was ruined for life. Sjay
  5. Thanks dundeelaw for clearing that up for me. I was thinking when the Default dropped off the Credit file then the whole account would disappear - wishful thinking I suppose. I understand now that the balance will still be there, just no Default. Just wondering now how the OC/DCA's will mark my Credit File when the Default drops off if I'm only paying reduced payments. Thanks.
  6. Hi, I have a couple of defaulted accounts from Jan 2006. From what I've read a Default drops off your Credit File after 6 years. One account has offered me a full & final settlement so if I accept I'm just wondering will the default still drop off my account in Jan 2012 or will it be from when this last f&f payment is made? Also my other account has a larger balance which I don't think will be paid off by Jan 2012 so will the Default still drop off my file even though I will still have a balance on it? I sometimes read too much I confuse myself. Many thanks.
  7. Ok Cerberusalert I'll just leave it then, your help/advice is much appreciated. Thanks.
  8. Hi guys, I'm still receiving my monthly statement from RBS and was thinking I would need to let them know that I will not be making any more payments since they have no agreement & the debt cannot be enforced. Does anybody know if there are any letters I can use please? Thanks Sjay
  9. Should I reply to their letter in post#1? Or will I just stop paying and see what they do next? I don't have any spare money at the moment to offer a Full & Final payment. Thanks
  10. Thanks cerberusalert, I'll just wait til it drops of my file then.
  11. Thanks for the reply, 'they will keep marking your credit file as in default' Will that mean it will stay on my credit file forever as the balance will still be outstanding?
  12. Hi, I requested a copy of my CCA for an account owned by Royal Bank of Scotland. I received a reply within 2 weeks stating: 'We regret to advise that the card agreement has been misfiled & we have been unable to locate it in our searches. We have insufficient detail to recreate the agreement with the required degree of certainty this course of action requires. In these circumstances we appreciate under s.78(6) if you decide not to meet your obligations under the agreement as they fall due we will be unable to take steps to enforce repayment of this debt. Please remember this agreement isn't void, it remains valid and your continuing default will be reported to the Credit Reference Agencies. Section 78(6) only prevents us from pursuing recovery of the debt throught the courts.' I have only been making token payments to this account & it would take years to pay off, since RBS say they can't enforce repayment should I just stop paying? Any thoughts please Thanks
  13. I sent off a CCA request to Wescot they have replied saying their client RBS requested I write direct to them. Wescot returned my £1.00 and say I should forward it to RBS with my CCA request. I have been paying Wescot for one year now & thought it was ok to send the CCA request to them. The 12 + 2 days were nearly up so do I have to start again with RBS? Any thoughts, thanks.
  14. Hi, you could check your Credit File which will tell you if the debt still has a balance on it or not but bear in mind Credit Reference Agencies only keep information on file for 6 years so if you paid it in Jan 2004 it will only be available to view until approx Jan 2010. Also, since the last payment was paid in Jan 2004 and if you've not heard from any other Company regarding this debt until now then in Jan 2010 it will become Statute Barred. Please note, I'm quite new to CAG aswell and the above info is what I have gained through reading many different posts. I'm sure a more knowledgeable CAGGER will be along soon. Sjay
  15. Hi, I'm sending off a Subject Access Request for 2 bank accounts with the same company. Do I only have to send £10 or is it £10 for each account? Thanks
  16. Hi, just updating my thread. My account with Cabot is still in dispute and I haven't paid them since Feb 09. About a month ago they offered me a settlement of 70% of the balance (unfortunately I didn't have the cash so I just ignored the letter). I've now received a letter stating that my account will be getting moved into the 'next stage of our collection process'. So, I'm beginning to get worried again wondering what this could be. Also, I reclaimed the charges back from Capital One (at the same time as I put my account in dispute with Cabot) I reclaimed £270 but they offered me £96, their letter said they would pay it direct to Cabot (I have 6 months to accept it). As yet I haven't done anything with it. Just wondering if I should offer Cabot a Full & Final settlement of say 25% and use the £96 from Capital One as part of the payment, would it be ok to do this? Or should I wait to see what their next 'stage of the collection process is' I know I have to make the final decision but would really appreciate any thoughts/ help. Many thanks
  17. Hi, thanks for the replies. I think she comes under Lanarkshire Council. Are there any letters available which she can use to complain? (I can't seem to find any and I'd be no help to her as I'm no good with letters.) Thanks
  18. Hi, I'm hoping to get some advice for my friend. She is currently struggling to pay her rent (arrears have built up). She's applied for Housing Benefit but is waiting for an outcome. Yesterday 2 Sheriff Officer's appearred at her door with a 6 page letter about taking her to court & detailing the amount she owes. My friend was at work at the time and it was the childminder who took the letter. The letter was not in an envelope so the childminder would have been able to read the contents of the letter! Are they suppossed to hand in letters with no envelopes, allowing other people in the house to see your personal business? She's mortified! Does anybody know? Thanks
  19. Hi, Just to update, I sent the dispute letter about 2 months ago. I have just received a reply from Cabot stating:- With regards to the 'signing of document', s61 of the CCA states: 'A regulated agreement is not properly executed unless (a) A document in the prescribed form itself containing all the prescribed terms and conforming to the regulations (CCA Regs 1983) under s60(1) is signed in the prescribed manner both by the debtor... (b) The document embodies all the terms of the agreement, other than the implied terms...' Section 189(4) states: 'A document embodies a provision if the provision is set out either in the document itself or in another document referred to in it.' In this instance on the credit agreement it is clear that the Terms & Conditions are referred to in the signature box. (I cannot read this on the application form as it's smudged) As to the prescribed terms, this is covered in s61(a) above , where it mentions 'contains'. The terms & conditions have set out all the prescribed terms as required under the CCA Regs 1983 & therefore can be no argument as to the validity of the form & content of the agreement. I note your reference to s127(3). You shall note from this section of the Act, that the court take into account if the debtor has suffered any prejudice by the contravention in question. Therefore, if this credit agreement had been improperly executed, we would argue that you have suffered no prejudice as a result of its execution. Any comments would be appreciated, not sure how to reply. Thanks
  20. Hi, I have a Capital Bank / Bank of Scotland (not sure who it is) Preference Account. I've been paying reduced payments on it for nearly 4 years. I now send the payments to Blair, Oliver & Scott. On checking through my old statements there are lots of charges and I was going to claim them back. The only address I have is: Capital Bank City House City Road Chester CH88 3AN Does anyone know if this is still the right address as I've not used it for over 3 years. Thanks Secretjay
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