So if they enter a default on my credit file for £247 when the loan amount was £100 plus £17 interest....that would give me grounds to have it removed? Does anyone know of any legal precedents which have allowed defaults to be removed? What about if i ring them on

OK thanks guys...i've sent my CCA request off this morning to the registered office. So that should put the account into dispute before the default goes on. I'll write to the ICO about the late default if it does go onto my credit file. ..but I'm yet to find any real evidence that a default registered onto someone's credit file some 3 years later is actually not acceptable/unlawful/illegal etc. We all KNOW it's technically wrong but how can it actually be removed? Are there any precedents? In all honesty, I'm not concerned about claiming any money..it's the default which i don't want. I guess the other angle as @fkofilee says is that the default amount will be loaded with penalty and admin fees. ..hence making the default invalid?

@fkofilee...i've read your thread but i don't understand where the compliance argument came from? Compliance with what exactly? If they can prove the loan was taken by me, then what specifically stops them from putting a default on? I really cannot do with ANOTHER 6 year default. I already have about 8 of them and around 3 years left till the last one drops off. Any ideas on my other questions too?

Hi all, Need some help please. Been sent a Default Notice by email (nothing in post) from MYJAR dated 19/12/14. Served under section 87(1) and giving me until 02/01/14 to "pay the total of the arrears of £247.00". The problems are: 1) I don't have this money to pay before then. 2) This is from a txtloan back in 2011. I had one loan with them in May 2011 which i repaid back on 03/06/11. I then took out another on 10/06/11 which i could not afford to pay back as was in a spiral of debt with other payday loans. The original amount was £100 and i needed to pay back £117 by 25/06/11. The loan then went off to Lucas Credit Services who started chasing this in 2013. Now MyJAR have sent me a default. 3) Can they send a default notice more than 3 and 1/2 years after the loan was due? There is nothing account of this loan on my credit files. 4) I only have a few days before the default date.. .if i send a CCA request in, can they still put the default on my credit file during the time they have to respond to the CCA? 5) On the DN, they refer to "Under clause 1.14 of the running agreement...." but there are no numbered clauses at all on the agreement. Furthermore, the agreement is not signed (just says tick the box on the screen). 6) The agreement as i see it is generic. It does give the credit limit, the APR, late payment fees, etc....but the actual amount payable and repayment date are in the body of the emails which TxtLoan used to send out. Not part of the agreement. Is that valid? 7) Do i send the CCA to the PO BOX address or the registered address for TxtLoan?

I've submitted it finally. Hopefully it's in time.

Hold on...in the statement of account, there is a total of £180 of direct debit fees (7 x £30) which are part of the total amount claimed.

Oh damn! I worked it out to be today? Being the bank holiday and that. Hope i'm not wrong. It doesn't mention anything about PPI or any default charges in the POC. I did receive a default notice from Northern Rock...which was registered on my Credit File. I've definitely not received the full set of terms and conditions from Marlin from my CCA request. The agreement refers to "terms below and overleaf"...but it is blank overleaf.

Any ideas anyone? I'm trying to file this defence off today The only thing i can think of is that they haven't sent any terms and conditions with the CCA response...which the agreement explicitly refers to.

I got a response back from Marlin from my cca req....they have sent me a signed copy of the exact agreement between me and northern rock from 2004. they have also sent me printouts of payments made which they say is their statement of account. it was sent to me within the time frame. not had anything from the cpr req yet... Can someone please advise me what my defence would be?

Thanks for the quick response. But i just need to be 100% sure i understand the response. In my own words: I have a default which is approx 4 years old. I have made no acknowledgement or payments to it as i need it to drop off after another 2 years. 1) If i make a payment today towards it, will the default still drop off after the remaining 2 years? The other thing i didn't know about CCJ's is that if i was to end up getting a CCJ, i get a chance to pay it off in 28 days. Well that's not too bad actually.. .i can take the case to court and if i lose i still can clear it in 28 days. So in this case, if i pay in that time: 1) The CCJ never gets registered on my credit file? 2) The default is satisfied? 2) The default will still drop off after the remaining 2 years?

Hi Andy, i'm sure i've answered everything in there. Appreciate any advice on direction to take with this. Ultimately i need to avoid CCJ, but also avoid any payment to this account as my understanding is that although the default will then show satisfied, it will remain on there for another 6 years from when settled?

Hi guys, need some help please.... I am about to send off the CC1974 request to the Claimant and the CPR request to the solicitor. The problem is, I need to avoid getting a CCJ on my credit file. Also if there simply is no way out, I’d offer a payment plan and satisfy the default on my credit file… .BUT does that mean my default will not drop off for another 6 years from the last of my payments? I cannot prolong it for another 6 years or so. Here are the facts: Claimant: Marlin Europe V Limited Date of issue – 02 April 2014 14 days acknowledgement – 21 April 2014 28 days defence – 05 May 2014 Particulars of Claim: >>>>>>>>>>> By an agreement between Northern Rock (Asset Management) Plc (“NOR”) & the Defendant on or around 03/12/2004 (“the Agreement”) NOR agreed to loan the Defendant monies under the terms & conditions set out therein. In breach of the Agreement the defendant did not pay the instalments as they fell due & the Agreement was terminated. The Agreement was assigned to the Claimant on 28/10/2013. THE CLAIMAINT THEREFORE CLAIMS: 1. 641.58 2. Interest pursuant to section 69 of the County Courts Act 1984, namely 192.06 & continuing until Judgment or sooner payment at the rate of 0.14. >>>>>>>>>>> Amount Claimed: 833.64 Court fee: 55.00 Solicitor’s costs: 70.00 Total amount: 958.64 This claim is for a defaulted personal loan account from Northern Rock. Original agreement was signed 01/12/2004. The original creditor was Northern Rock. It then passed through: Wescot > Mackenzie Hall > Marlin Europe V Ltd > Marlin Financial Services > Mortimer Clarke Solicitors Up to the time that Marlin Europe got this account, I was also being sent letters by NRAM (Northern Rock Asset Management) who had been sending “Notice of Default sum” letters. However, on 21st October 2013, NRAM wrote to me to state: “We are writing to let you know that NRAM has agreed to sell and transfer a portfolio of unsecured personal loans to Marlin Europe V Ltd and my loan is included in this portfolio… ..on 28th October 2013 the transfer of legal title from NRAM to Marlin Europe V Ltd will be complete” On 22nd October 2013, I received a letter from Marlin Europe to state: “This letter is notification that we Marlin Europe will have assigned to us all right, title, interest and benefit in the debts due in relation to the above loan previously owed to NRAM on 28th October 2013. I received a default letter from the OC on 01/07/2010. On my credit report the default is currently under the Lender name: Marlin Financial Services Limited for a default amount of £822 and default date 05/07/2010. I ceased payments as I lost my job in November 2009 and struggled for several months with all my creditors at the same time as trying to find work (which I did eventually) and try and pursue an employment tribunal case against my old employer (unsuccessful). No debt management plan was setup with the OC.

thanks elpulpo....will get this done and see what happens. just out of curiosity, do you think a case is best heard by a tribunal or through ACAS arbitration? i fully realise the issues with each, but i heard that re-instatement by the time i get to ET would be nearly impossible. also, how can i get around the current issues with trying to get further employment as i keep getting knowcked back because i have a poor reason for leaving and at the moment i can't see the company giving out a glowing reference. do you know if it's possible to agree a compromise agreement to sort out things like the reference and then still pursue through arbitration/ET?

yep - done the appeal and lost that too. this may sound really silly of me but is there a template letter before action which i can base mine around? i can find letters for credit card issues etc, but not for employment?

any further ideas?