Frustrated and scared

[bman2906]

Hello All

 

I hope somebody can give me some advice on how to return my life to normal. (This is my first post so if I am posting in a way that I should not please let me know.)

 

I currently have three defaults, the one is due to drop off at the beginning of June 08 so my thought process is to let this run its course.

 

The other two seem to be more of a bigger problem. They are both for the same debt (Is this legal?) The first is with vodaphone (ex singlepoint) and marked as satisfied for 57 the second is with 1st credit and marked as satisfied for £72. Vodaphone are refusing to remove the default even though I never recieved the default notice and first credit have the cheek to tell me that the debt is still outstanding and that thier client are unable to provide a copy of the agreement or statements..

On top of this I have today found a final statement from singlepoint with a £25 credit on.

 

I have read through countless pages of wonderful advice from all you brilliant poeple out there and understand that I now need to request a S.A.R, however my real question is do you think I have a solid case to pursue. Desperatly need to get a mortgage this year and do not want to go down the sub prime route.

 

Any advice would be gratefully appreciated.

 

bman.

 

ps sorry again if this post is in the wrong place or inappropriate.

[vselym]

hi bman2906

 

on the face of it, i would say you have a strong case for removal of at least one default marker without much hassle

 

it is not possible to default the same account twice, so try this letter to the cra's in the first instance

 

Dear Sir Or Madam

 

FORMAL COMPLAINT UNDER YOUR CONSUMER CREDIT ACT 2006 COMPLAINTS PROCEDURE

 

NOTICE TO CORRECT DATA UNDER DATA PROTECTION ACT 1998

 

 

I note that you have registered a default on XXth against account XXXXXX on XXXXX. Subsequently, you have issued a default notice on DATE.

 

 

Default is defined by the credit reference agencies as the termination of account for cause.

 

 

It is not possible to default an account twice, since by definition the account has already been closed. Attempting to register a default X years after already registering one is against the guidelines issued by the information commissioner, and is regarded as an unfair practice.

 

Please take this as a request to correct data under the Data Protection Act 1998.

 

Please send me a copy of your complaints procedure as required by law, with acknowledgement of this formal complaint.

 

Yours Faithfully,

 

XXXX. (type don't sign)

[jysmystry]

Hi bman, speaking for experience may I say well done on taking step 1 to getting you debts and life back under control

 

Default removal is my area of specific intrest and so have done an awful lot of reading over the past year. Based on what i have read and on the situation you describ I'd certainly agree you have a sound argument.

 

1 default is about to drop off and vselym vbmenu_register("postmenu_1500114", true); 's letter above will remove the other. Your quite right that you need to get the SAR in and it sounds liek you've sent the CCA request and got a negative hit.

 

No agreement = no default but my plan i think would get the SAR info back and see if you can strengthen the case (i.e a repeat of no agreement and/or no default notice) then make a request for default removal based on that.

 

See what the info you get back says though and check what you do and do not owe then read read read so your reayd, if necessary, to take it all the way to court.

 

Let us know how it goes

[ScarletPimpernel]

Interesting. I had a letter from 1st Credit the other day; it appears that the water people got a CCJ by default on a property I owned but never lived in. Although they had my correspondence address they didn't use it.

 

1st credit were, as I expected, immensely unhelpful, but I have now tracked it down and it seems that 1st Credit have added to the judgment amount, almost doubling it. No wonder they were unwilling to provide a breakdown.

 

Since not only did I not receive the claim, I also live outside the Court's jurisdiction, so it'll be easy enough to set aside.

[davey77]

How did this go Bman.. any result?