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About sophieq

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  1. Hi again, I think what they were getting at was the other approach people have used to get defaults removed- claim that because most of the debt consisted of illegal charges the the default should never have been applied and should therefore be removed. I think the timescales involved in that sort of approach aren't really feasible at the moment, god knows how long the courts are going to take to sort out the bank chages fiasco once and for all. And there's no guarantee we'll be happy with the outcome. So I'm just going to stick with our plan of sending the f&f offer letter.
  2. The person on the other forum I spoke to thinks I'm being too hasty jumping in with this letter and thinks I should do a SARS first and then look at options. I think that I could end up waiting longer than the default has left to run if I take that route?
  3. Thanks for the input guys. I think I'll send the letter we've drafted above to AK and also make a SARS request to HSBC at the same time, as fallback if plan A fails. I'll let you kow how I get on. Sophie.
  4. No, I've got it ready to send, but had held off while discussing this a bit more on the other forum. I'm inclined to agree with you that I should just send the letter that we drafted. Have you got any idea what the chances of success are with these sorts of attempts? I'm guessing not great, but hopefully the fact they've almost written me off means they might be glad to get something.
  5. Hi again guys. I asked for some advice about this on another forum and the opinion there seems to be that I should first do a SAR on HSBC to ascertain the level of penalty charges on the original account, and to inform Aktiv Kapital of this to put the account 'in dispute' My two concerns with that route are that 1) I'm admitting that I'm the person they're looking for 2) That bank charges won't really affect anything after the recent court case (or it'll take an age to sort anything out this way) Any thoughts on this over here, help gratefully recieved as always. Sop
  6. Many thanks for the swift reply! Yes, the references all match up, they do seem pretty clueless though, sending them both on the same day. They've even got the same office address in the header. So you think I should still go ahead with the letter to Aktiv and deal with this bunch separately? Sophie.
  7. Hi guys, this took another turn today, I recieved the following two letters in the post. First from "Meritforce" ======================== Reference: xxxx Client Ref: xxxx Pursuers: Aktiv Kapital Original Creditor: HSBC Bank plc Principal Sum: £998.25 AUTHORISED COLLECTOR VISIT Due to nonpayment of the above amount we have been instructed by Mackenzie Hall Limited to collect this debt on their behalf. An authorised collector will make a visit to your property within the next 10 days. Should our collector inform us that no positive commitment t
  8. Great advice again, cheers all. One question about the "Without Prejudice" thing though, I came across this link, How to use 'without prejudice' to protect your interests - Andrew Jackson Law Firm, which seems to suggest that using that phrase only protects you once a dispute is already under way. Anyone have any experience of this? Many thanks again guys, Sophie.
  9. Hi guys, Thanks for all the brilliant advice. @3tea I moved house after neglecting this overdraft and so I didn't recieve any letters of termination, defaults etc. is this important? The actual default on my credit history is from Aktiv and not HSBC @Deb T - as above, I didn't recieve any correspondence regarding this at all, as I'd moved house. @hungrybear - one thing I'm not really clear on is stuff about Aktiv not having the authority to process my data. Does this mean that the aren't allowed to default me? I'm not sure how I could mention this in the letter below,
  10. That's brilliant, thanks for all the advice guys. I think the best thing is for me to try and tidy up my credit, but with two defaults, each with 4 years left to run I dont think this will be easy. Sophie.
  11. Hi all, A bit different to some of the really sad stories on here, but hopefully someone can offer a bit of advice. The other half and I are currently talking about buying a place together; the trouble is that while he has immaculate credit, mine is beyond awful (two defaults, numerous missed payments, lots of debt etc.) We both currently own our own places, if sold his would make enough for a good-sized deposit on a house and I would about break-even. We both have mortgages with Natwest. Could anyone give any quick advice on the best course of action for us? Could we get
  12. @debt4get many thanks for the reply - i guess this is made more difficult for a lot of ppl following the bank charges case last week. It'd be great if anyone else could add any replies to the specific points in the OP, a lot of people are struggling with understanding these issues and there seems to be little specific advice anywhere on the net regarding defaults on overdrafts, esp. ones that have been sold on. I think the other problem area is that of balancing the chances of getting it removed -vs- waiting for the 6 years to be up. i.e. if I write to AK now with a settlement in ret
  13. Hi all, I've been spending a lot of time reading through the forums on the subject of default removal and have found quite a lot of contradictory information. My case seems quite typical so I thought I'd ask a series of common questions here in the hope that we can get a single post with lots of helpful answers. OK, here goes. 1) My overdraft for c. £900 with HSBC was sold to Aktiv Kapital who then placed a default on my credit file - Are they allowed to do this? - What is the situation with CCAs etc. with transferred overdrafts? - Is there a recognised method
  14. @babybear39 - hi and thanks for the advice. What would you say I should write to them in the first instance? Should I a) write a simple letter saying I'd be willing to settle the amount in return for the removal of the Default? b) go in hard and offer a small amount without mentioning the default, and then, when they try and negotiate, say that I'll up my offer in return for the removal of the Defaut c) something else completely! Many thanks for the help guys, it's great to get some support over this Sophie
  15. @stereophonicsfan - sorry to hear you're in the same boat too. We should keep each other up to date on what happens on here to see if we can help each other @cerberusalert - many thanks for the advice, much appreciated. My main concern at the moment is this; if I write to Aktiv offering to pay up for removal of the default, have I shot myself in the foot over taking further action later. i.e. by admitting the debt will I have cut off other avenues later? Has anyone else managed to get a default removed in thses circumstances, or come across another forum discussion about it?
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