can defaults be removed?

[likkleidiot]

I am currently paying 2 debts (a credit card and a loan) which i defaulted on and were passed on to DCA.I Entered an agreement with the DCA to make monthly payments, which i have never missed.Yet looking at my credit report it shows that have default every month.

Is there anyway i can get these changed as i am now paying the monthly payments and it is no longer listed as the original company i had the loan and credit card from,but listed to the DCA.

I know i defaulted with the original company,but at the moment it looks like i'm still not paying as it shows default every month.

Hope you guys can shed some light on this

Cheers

[Monty2007]

I am currently paying 2 debts (a credit card and a loan) which i defaulted on and were passed on to DCA.I Entered an agreement with the DCA to make monthly payments, which i have never missed.Yet looking at my credit report it shows that have default every month.

Is there anyway i can get these changed as i am now paying the monthly payments and it is no longer listed as the original company i had the loan and credit card from,but listed to the DCA.

I know i defaulted with the original company,but at the moment it looks like i'm still not paying as it shows default every month.

Hope you guys can shed some light on this

Cheers

 

Hi, Have you any charges on the accounts? If you can show that the charges caused or substantially contributed to your original default then you may have a chance of getting the OC to alter your credit reference agency files.

 

You should be aware that there are two defaults (i) the default notice your OC will have sent to you which is required under the 1974 Consumer Credit Act and provides you the opportunity to remedy the breach of your agreement (i.e. by paying them what they demand is the shortfall). If you do not remedy the default notice is enforced and your agreement terminated. I assume this is your case given it is now with a DCA. (ii) the defaults on your credit file are different, they show that you have not paid the creditor the agreed payments. Once you have missed a payment this is recorded on your file, in some cases you can have a terminated contract but the OC does not list a default on your credit file. In your case they have recorded a continuous default since you are still in arrears and are paying a DCA - has the debt been assigned? or is it being managed by the DCA on behalf of the OC?

 

You should start by requesting a copy of your statements - this is a S.A.R - (Subject Access Request) requested under the 1998 Data Protection Act, it costs £10 and they will provide all your statements from which you can calculate any charges or fees that they have levied against you. As I mentioned above, if the charges form the substantive part of the debt you have a good chance of getting the defaults removed from your credit files. There have been a lot of CAG threads on this issue so read around. Many have also contacted Experian etc and the Information Commissioners Office. They do have the right to process your data even in the absence of a valid CCA.

 

You should also send the OC and DCA a CCA request - there are standard letters in the template section of CAG. This will flush out if they have an enforceable agreement. If they don't you can decide if you wish to continue paying since without one they will be unable to enforce the debt.

[likkleidiot]

Thanks Monty

I will be following this up as i managed to claim my bank Charges back from Natwest for £1900.

I know a lot of this debt is from charges from both the OC and DCA..the DCA alone have added about £1600 to a £5000 debt.

Do i ask for the S.A.R from both OC and DCA...i suppose this will show just how much they actually added to the original debt.

The only worrying thing is that i currently pay them very little a month which we agreed and have paid( think it works out i will pay it off in about 15 years!) every month but it's probably likely they will get a bit funny about this...at a guess......!

Well let the Battle commence

[MilkTrayMan]

Send a £1 CCA 1974 Request Letter to the DCA.

http://www.consumeractiongroup.co.uk/forum/show-post/post-162367.html

 

If they don't produce a True Copy of the ORIGINAL Credit Agreement within 12 working days of receipt of your request, THEY are in DEFAULT + U can Legally suspend your repayments to them.

30 more calendar days after this (...if they STILL haven't produced the goods), they will have committed an Offence + are liable to a Level 4 Fine.

Consumer Credit Act 1974

 

If your Credit Agreement was originally taken out more recently, it MAY be subject to the NEW Act...

Consumer Credit Act 2006

 

It is the above that U can use to exert leverage upon the DCA.

 

There are ALSO Data Protection Act issues here, but the above will give U the most satisfaction the quickest...

Data Protection Act 1998 (c. 29)

[Monty2007]

30 more calendar days after this (...if they STILL haven't produced the goods), they will have committed an Offence + are liable to a Level 4 Fine.

 

The criminal offence angle is really a red herring. If they produce either the application or the T&C then TS will view this as the OC/DCA conforming with the 1974 Consumer Credit Act. I have been through this with two TS offices. The first told me that they did not want to know (accused me of debt avoidance) and to go through the FOS and the second would only investigate if I could produce the original agreement and this differed from the one the OC were trying to enforce. I was surprised to learn that TS have NEVER prosecuted under the Act!

 

I am going through the FOS on the basis that the OC are trying to enforce an agreement that does not conform to the Consumer Credit Act and therefore are guilty of harassment.