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Everything posted by tripspace

  1. Hi, Yes I agree, but it needs to be settled which is the whole point. I won't be accepted unless I've proved the debt has been repaid. Thanks.
  2. Hi, Thanks for the advice, but the account isn't showing as settled after this was paid 9 months ago. So I guess there really is nothing else to be done, but wait until the FOS makes it's decision again.... Thanks.
  3. Hi, Thanks for the response. I wasn't aware this is no longer the guidance, I was just following the info for best practice posted on the ICO website. The ruling means the default will not be removed, but closed and settled due to full and final payment. This wasn't done. So for the last 9 months, I've had an open default on my file. It will fall off in January, but in order to progress any further financial applications this will need to be closed (according to the Mortgage Adviser). As a result, I'm in a position where the FOS has told them to correct the file, but the Credit Union did not comply with the request after being contacted by myself more than 5 times and the FOS more than 4. I did speak to the FCA saying that the CU does have to provide proof that the Credit Agreement stated the account would be defaulted and provide a copy of the letter. This is under CONC 13 of their code apparently. In any case, all I'm simply asking is for the default to be fixed and marked as settled. The CU have not done this.... Which is why I'm cracking up. It is nothing to do with compensation and I have asked them to remove it in exchange of ignoring compensation. I just want it closed :'( Also, if you mean a Wonga Loan... I'd never touch one ^^ Thanks
  4. Hello all, I was hoping someone here can help me regarding this issue. I took out a loan in 2011 with a Credit Union in Scotland. They have defaulted my credit file with the wrong info, including amount, default date and address. I've had both the ICO and FOS involved in this matter and am now tearing my hair out to get it resolved. A high level timeline of events: In August, I contacted the CU about the default and they gave no indication that this would happen. It was also not reported for 4 years after the fact. In September, I paid outstanding amount. They told me the default would be settled and closed. In October, wrote a letter and called the CU several times. They told me it would be marked as settled by November over the phone, no formal response. In November took to the FOS, couldn't do anything without a final response letter, until 8 weeks had past, and my letter was ignored by the CU. In December contacted the FOS and they sent a letter to the CU. In Jan, followed up with the FOS. Their letter had been ignored. They called called the CU. In Feb, they finally respond to the FOS stating the default was sorted and the FOS sided with them. I responded with a copy of my credit file and told them this was not the case (felt bad for the Girl totally deconstructed her email with DPA legislation etc, she clearly was worried in her response to me). The FOS, as part of the closure, say the default was fair to be recorded after 4 years.. .. guidance from the ICO states 3 - 6 months. I also complained to the ICO. However, the FOS reopened the case because the CU hadn't sorted the default. In March / Apr, Information gathering by myself, the FOS and Experian. In late April, FOS sides with me and awards compensation. ICO finally assign a case advisor. In May, wait two weeks for the response, then the CU say not happy with that, escalate within the FOS and I need to wait for an Ombudsman to be assigned.. .. as it was an investigator who made this decision. Today, ICO respond saying that they can't uphold the complaint as they deal with the org and not the individual, but are willing to be communicated further information. Email in progress.... but they also notify me that CU's aren't regulated under the CCA. So my questions really is... the distress this has caused has been over 9 months. I can't get a new car (which I could lose my job over), I need to sort out the Mortgage for my current residence (which means I could lose my home) and in all honesty I've spent hours on this. What can I do? The FOS is saying it now may take the ombudsman a while to respond. Bringing this whole incident to 10, possibly 11 months. The other thing I'm unsure of is if the CU isn't regulated by the CCA, what can actually be done? How can this be fair processing of consumer data? Thanks in advance and sorry for the long post!
  5. Excellent. Thank you all. The only reason I was confused is because I have been making payments, but if the file is going to be closed and disappear anyway next yearish. Lets be done with it My next thing to argue with them is when the default occurred.... cause the account was opened in 2011 and i'm pretty sure it hit default before 2012. Even quicker. Cheers all.
  6. Hi all, Thanks for the advice.... so the plan of attack is to clear and close the account on the 21st. Although i'm in two minds if I should bother paying it off now, since it will fall off anyway. So just for complete clarification. If I pay this off and close the account, it will appear closed and as a result the original default in 2012 or whatever will fall off. Will the whole account disappear from this date in 2018? Thanks.
  7. Hi Silverfox, This is something I can totally live with. if I pay off the debt say tomorrow. Although I haven't been making their "acceptable payments" the default / account will only last from the April 2012 period? Meaning that the attached will fall off? Essentially they are still reporting default each month. So this is why the above is really confusing. Also I thought, if you closed and account... that reset the timer on the account? If that's not the case, I have a credit card with a number 3 (that I am waiting until next year to fall off) for a full clean history. I've also just checked an old closed account that I only closed in 2014. I started the account in 2009. Although the payment history from 60-72 months are still showing? Is this right based on the above? Thanks
  8. Hi all, First off, thank you so much for the responses! It is really appreciated. Dx100UK & Martin2006 The owner for the entry is Glasgow Credit Union and the DCA is C&L Collections. SilverFox1961 They informed me the credit hasn't actually been sold - but this is a debt recovery company they use to recover the funds. The account was escalated to C&L in April 2012 apparently. The default has been put in place continuously for 5 years.... as apparently I haven't paid the "£64" that was supposed to be paid. Therefore it is a continuous to default. There was no letters from GCU after April 2012. I don't know what they said (I can't seem to find them), but there was no mention that the account would continue to default. GCU would not accepted a reduced amount to be paid to the account and then the C&L people chased, I promptly set up payments for £5 a month and have been increasing this up to £25 a month now - with a view to clear off the entire debt. The latest update Essentially I called them today, after lodging a complaint, they explained to me as the "£64" was not kept up it will continue to default. They claim that the DCA should have sent me a letter / advised me that the account would continue to default if I did not agree £64. However, I remember distinctively asking this as I was working to pay off all debt (as I had a part-time job coming up / going back to uni) if this would affect my credit file. said no as long as I make payments as agreed. also stated that this was reported on Equifax... I never ever saw it on there. said this is fair and complaint, I told them it wasn't fairly reported because the letter clearly claimed (from what I can remember) C&L had just taken over... no behalfs nothing. I'm kinda stuck in a rock and a hard place.. . as technically speaking I didn't pay the amount they wanted each month, but I did continue to contribute to account as it was all I could afford at the time. Again, Ironically I was planning on paying it off this month.. . now I'm not even sure if there will be any point, because with a 5 year old default (for every month) i'm screwed :-x I'm half tempted to tell them to shove it and let them chase me for the £300 quid left. I'm pretty sure they won't bother their arse taking me to court. (I know this is a bad idea, but so tempting) I really did think I was doing the right thing by making some kind of payment. There must be some way to prove they didn't make me aware of the all the information and failed to clarify that anything less than the above amount would impact my file
  9. Hi thanks for the reply, the date is for September 2012. It was transfered to a DCA in April 2012.
  10. Hi all, I was wondering if someone could please share some knowledge on this. Also please be kind A friend told me about this forum I checked my credit file and found that an old loan (which I am still paying off) has appeared. This was originally a Credit Union loan, which was closed in April 2012 and then transferred to a Debt Collection Agency. Since this has occurred I made a small amount of payments and finally agreed to £20 once I got a decent job. I actually was planning on paying this off this month, ironically enough! However, the Union has defaulted me for the last 5 years on the loan and have the wrong information on this e.g. it says I pay £64 a month and the debt has been going down. This is incorrect (as there is only £300 left, not £600!) and also how would I default if it was going down? So here is my questions: • If the original creditor closed the account in April 2012, can they now all of a sudden put this on my credit file? If so, is there a limit to the time they can put this on? After 5 years this seems ridiculous. • If the debt was transferred to an agency, should they not be the ones reporting on this? • I assume if I contact them they will correct this as per the April 2012 closure? If so, I can live with this…. But, I’m not want to continue to rage for another 6 years for the mistakes of my past to go away This is quiet upsetting as I went to apply for a mortgage today, but was denied. I’ve worked really hard since I’ve been a student to pay off debt and pay bills on time. I was finally seeing the light at the end of the tunnel, even to the point my one and only default fell of last month and I hit the 843 mark on my score (even though scores are rubbish anyway, still nice to see). Please help Thanks in advance.
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