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I had a debt with Capital One and Lowells were their bottom feeders...I successfully managed to remove my default from Credit File and Account was closed...this was OVER a year and half ago...I received a letter from LOWELLS evidencing this fact too...

 

I went thru s78 and s61 CCA1974 requests and exhausted my knowledge of Consumer Legislation

 

I threw the whole kitchen sink at them..

 

Sometimes common sense and simplicity works without having to use complex legislation......A combination of factors contributed to this...first of all I had PPI on this Cap one Account which failed to pay out when I was sick...

 

I claimed that the causal effect of this denial led to consequential losses

 

I threatened Lowells with damages etc...

 

I used the 'but for' legal causal test....but for ppi not being paid out I would not have gone into arrears and suffered all the following consequential negative effects..i.ie credit file... character...employment impact..etc...

 

OR use the argument that you were told that it was a condition of securing your loan that PPI was taken out as well...it all depends on YOUR own facts ...use the argument that suits your own circumstances and that they have not paid out...IF they did not pay out..

 

..suitability

..unemployed at time

..pre-existing medical conditions...

...etc...whichever of circumstances that applied to you..USE..the above are but a few...

 

YOU CAN get this removed if you use the right argument...

 

PPI has been a bane in the flesh of Credit Agreements

 

Since my removal PPI has become more public....use the' failure to payout route'...to get your default removed....provided you get the facts and circumstances right.

 

:whoo: u can too using the RIGHT argument

Wish you well....

Edited by means2anend
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  • 4 months later...
Hello,

 

I need help ?? The creditor sent me letter back saying it could not provided the cca agreement or default notice and as such closed the account and no longer

pursue the existing debt. I thought great but they said nothing about the default so I sent them a letter to ask about removal of the default notice from my account as they could not provided the relevant documents. They have sent me a letter saying:

 

The fact that the documentation is not available in this case is a separate issue to that of the registration of the default. Aktiv kapital has an obligation as data controllers to provide this information to the credit reference agencies. As this is a legitimately defaulted account it is reported as such.

 

And they go on to say that they our satisfied with default as it’s a true reflection of the account in question and therefore cannot agree to remove it????

 

 

So can anyone help me with this matter please??? Am not too sure what to do next really

Any help I will be most grateful.

 

Kindest Regards,

 

Stephen

 

Hi Stephen

 

I have only just read this thread from a couple of years ago and was wondering how you got on with the default notices.

 

Thanks

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  • 4 months later...

ltsb default removed ,account maintenance charges were from 2008 ,default was lodge nov 2011,complained jan 2012 no success,tried again feb 2013 6 weeks later confirmation letter in the post default to be removed and balance wiped clean

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  • 3 months later...

Am reading through this thread here http://www.consumeractiongroup.co.uk/forum/showthread.php?20118-Default-hell!!&p=180189&viewfull=1#post180189

 

Which is excellent, or have things changed since 2006/2007 when SB helped this thread?

 

It seems to be quite clear and good advice.

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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  • 1 year later...

Oh I haven't been on here for years,

Back then I did get 3 of my debts wipe in terms of the outstanding balances, however this was due to them providing the signed credit agreements.

 

I did try and get defaults removed but in the end it was a no go, they eventually fell after the 6 years and I have a clean file but still stuggled to get any decent credit.

Am a lot more careful these days and never missed a Payment in 3 years so hopefully in time I be able to get better rates and possible a house!!

 

 

It's very hard to remove default notices if you did not pay them, I think you have to prove you where un aware of the debt.

Too be honest your better strarting your thread am sure someone here can help :-)

 

Regards,

 

Ste

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I have a lot of defaults from Capitol One credit card can they be scrubbed off due to late payment and extra charges.

Can I do anything after getting default notices. Help Please....

 

 

start a new thread

 

 

of you own

 

 

thread closed

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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