post#2

Cheers, but that just gives the # of days etc. How do you check the validity etc?

read the links

 

 

dx

Great, cheers. Is there information on here which outlines the process / outcome for both? Or shall I juct duck back into this thread and share whatever they respond with?

Marlin acquired NR's loan portfolio last year.

I am going to send requests into NR for copies of the original paperwork as I smell a rat.

I took a personal loan (unsecured) in 2005 and

defaulted on this and 3 credit cards in 2009 when I went DMP.

The default wasn't recorded by NR,

just an ATP until early 2013 when it dropped off of my credit history.

I have 4 defaults from 2009 which expire next yr and

I will make F&F on these are they are valid (I have CCA's them).

I'm worried about the Marlin loan,

I am desperate to avoid a CCJ or something

I want a plan as to whether continue paying them £60 a month, F&F or test the validity....

Long rambling post (sorry) - my question is do I CCA/SAR or both? And to NR or Marlin?

I noticed this thread whilst seeking information on the transfer of loans from NRAM to Marlin

and I thought I would chip in a little bit with the NRAM situation with defaults etc.

 

I defaulted then was taken to court in June 2007.

 

After this, the loan I had sat with a CCJ on my CRF, until suddenly in 2009, they started adding new markers on to the account. to say the account was up to date.

 

Then from about 2010 onwards they started adding 1,2,3,4,5 then finally adding a new default.

 

The new default was still there showing as defaulted after the 6 years since the CCJ had passed.

 

I had been speaking to them for around 8 months about the other markers on the account as I did not believe

(from ICO guidance or here and other sites) that there should be any markers other than the CCJ.

 

I had a complaint with them for several months and had emailed the CEO twice before he finally forced action to be taken the day after the second email.

I got the account removed from my CRF as the 6 years aince the CCJ had passed (I'm still paying it off)

and for some reason they gave me £250 compensation which I never asked for but gladly accepted..

 

. Typically for NRAM, they added a new default the next month but this was removed and for the past 3 months it hasn't been there.

 

However, speaking as someone who once worked in the technical sections of their mortgage departments,

it is trivial compared to some of the stuff they pull off on customers.

 

the relevance here is that staff in their collections department do not seem to have full knowledge about how to record accounts in arrears.

I was given all sorts of excuses over the past year, you wouldn't believe some of them.

 

They said on the phone that they were reviewing their entire CRF recording procedures as there are things they are not doing correctly

such as recording historical information that is older than the time allowed.

 

The other thing I noticed was the discussion about arrangement markers.

I have other accounts that are settled that had arrangement markers on them.

 

The accounts are marked settled, but they have arrangement markers on the months before being marked up to date for some months and then as settled.

 

I am not even sure some of them should, as I was repaying more than the contractual amount for a good amount of the time

and the ICO indicates that any reasonable payments should not incur these markers.

Reasonable of course being subjective.

Thanks. Sounds like it's going to be a journey! Who and how finally resolved? Maybe I can go straight for that approach now

What do you mean by reclaiming? They have frozen interest, I don;t think there have been any penalty fee's added and there is no PPI

That is something I really can't help you on...the default, damage to your credit file etc. If you want an alternative opinion National debt line are good and don't have an agenda i.e they only give advice

 

Do you really want to borrow the money or would it be a family interest free loan? Certainly whatever you decide I would get a much reduced full and final

 

I have asked a member of the site team who knows more about credit files and defaults to give you some advice

Cheers chap, much appreciated. Family loan (potentially).

I think, even if you paid it all up tomorrow it would still show up on your credit file as settled but with an arrangement. maybe someone can clarify that for me.

Do you have 13K to pay?

 

I strongly suspect that they may not be able to provide a S77 request which would put you in a much better bargaining position if you want to pay up. If they did not you could offer say 20% as a F&F on the understanding they mark it as satisfied.

 

It is all up to you of course, just don't throw money away if you don't have to

Thats fine, easy to get mixed up, do it all the time

 

Was the M&S a credit card, if so was it ever a storecard that got upgraded. If it was look at santander v. mayhew. I know Ms Mayhew and it was a big victory

 

Shame about the MBNA as there was a good chance it may have been UE..but too late now.

Have a massive concern over the NRAM one, engaged Payplan to speak tomorrow but not confident on their advise. I simply need to do anything I can to stop it getting a default and another six years credit mess. Looks like I'm going to have lump up £13K and pay in full somehow. Wounder

Sorry can we clarify

You said Paragon was the ex DLC MBNA but originally you said DLC had MBNA and Paragon was M&S

 

Which is it....it gets confusing and any advice given may be flawed

The NRAM loan is a nightmare, it's not been "defaulted" but ticking over as arrangement to pay for the last four years as I have been paying back £180 a month. Even if I agree a full and final with them now, they are going to default it so the credit will be shot for another six years

The NRAM loan is a nightmare, it's not been "defaulted" but ticking over as arrangement to pay for the last four years as I have been paying back £180 a month. Even if I agree a full and final with them now, they are going to default it so the credit will be shot for another six years

I assume so. CCJ is still with Hillesden

Yes, one that has been sold. Was Hillesden (MBNA) now Paragon

Knew about it, ignored it as I was happy with the monthly payment and scared they would try and force me to pay the whole lot back immediately!! In hindsight - absolute idiot!

One of the creditors issued a CCJ in 2011, the account was originally default in 2009. Even if I pay this off in full, I assume the CCJ will sit there until 2017?

Will that mean it can't be assigned? Fingers crossed

OK thanks. NRAM was unsecured and taken out in 2005. Had the notice of assignment which is due to take place next week. Have asked NRAM for a full and final

CCA letters drafted. Do I send to the original creditor, or the DCA?

I owe about £3K each on the cards with a CCJ and the other two. All three were about £5K, paying about £50 per month to each so it is reducing. I was always paying £50 per month, the court didn't alter that.

Cheers, what does UE mean with regards to the CCA?

NR is marked as arrangement to pay, no default. Been that way since 2009. Was £20K, now £13K.

Cheers, great advice

but just so I am clear...

you say

"If you make no payment or written acknowledgement for a period of 6 years

then they become statute barred and can not be collected.

It is actually 6 years from the cause of action

but if you have been defaulted then its 6 years from the last payment".

NR is showing as arrangement to pay,

others were defaulted back in 2009 and one has a CCJ.

I have been paying every month since 2008

so if I stop payment now,

then it's six years from now before they drop off the credit report?

Thanks, just read up on OFT 1272.... not sure this is for me, I need to get my credit history cleaned up eventually so not paying and leaving these in dispute are going to cause me perpetual credit problems, aren't they?

Thanks. Barclays is an OD, NR is an unsecured loan.

If they can't provide, what are the next steps?

There's no PPI or late payments. Interest has stopped too

More concerned with getting it settled and cleared than avoiding it alltogether

Thanks. Direct Legal & Collections (MBNA circa 2007), London Scottish Finance Ltd (HBOS circa 2005) and Paragon Personal Finance Ltd (M&S FInance circa 2006).