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1st Credit Ltd - default dates


andrewk
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Hi - first of all, I'm very sorry if this is a duplicate post. This is my first posting, so a bit overwhelmed with info here. Reassuring to see I'm not alone, though.

 

A couple of years ago I defaulted on a loan with CitiFinancial, who passed the debt onto 1st Credit. I paid the debt off through 1st. Recently upon checking my credit record, I saw that I had TWO entries for this loan - the first with Citi, the second with 1st. Citi still showed as active and unpaid, 1st showed as settled. I contacted Citi, who couldn't apologise enough (after being threatened with action) and then proceeded to DELETE the entry from my credit record.

 

HOWEVER, 1st is still on there. What I'm querying is that they have put an entry on my credit record without me actually signing anything. Also, they automatically put me on as status defaulted on THEIR loan on the same date as Citi (eg 10th Jan 2006 for Citi and 10th Jan 2006 for 1st Credit), so anyone looking would see that I have TWO loans, one with Citi and one with 1st, and that I stopped paying both on the same day, hence doubling the debt and doubling the pain!

 

I have written to 1st, who have ignored my letter (I know see that I need to enclose £1 postal if I want the CCA), and plan on writing again. Can someone please advise first though? Do I need to have signed something with 1st for them to place this entry on my report? Is what they've done legal (credit entry, instant default, same date as previous loan)?

 

Thanks in advance.

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When you signed the original agreement, this is what they would deem to be "permission to process" however, a debt can only be in default once and only one default should show on your credit file.

 

you will need to write a nice letter of complaint to the CRA to request that one or both of these defaults have been entered in error and should be removed.

 

they are duty bhound to investigate

Hope this helps

 

 

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Please note: i am not a qualified lawyer, any advice is offered in good faith and is based on my own and others experiences and a penchant for research and a desire to help others to empower themselves

 

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Wow that was quick! Thanks.

 

OK, so they should not have put an entry on my CR then. Is that what you're saying? If I contact Experian they will look into it for me?

 

I know I'm pushing my luck here at the end of the day - I defaulted, therefore I should have an entry - however Citi removed theirs because they made a mistake which I suffered for, and this one shouldn't even be here in the first place.

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If you have more than one default against the same debt, then Experian will be the first port of call.

 

If only the DCA's default is showing and they don't have an enforceable copy of the CCA, you will need to contest their right to process your information, this can be done from both sides, against the DCA and also against the CRA

Hope this helps

 

 

If you feel that this site has helped you in any way please leave a donation if you can afford to do so.

 

If you feel that have been helpful please feel free to tip the scales.

 

 

The large print giveth, but the small print taketh away. ~Tom Waits, Small Change

 

 

Please note: i am not a qualified lawyer, any advice is offered in good faith and is based on my own and others experiences and a penchant for research and a desire to help others to empower themselves

 

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Just spoke to Experian - they basically said what I said in my second posting. I defaulted, and now I show one default which is correct. Should I just leave it at that.....?

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If you accept the debt and agree that the account has been defaulted, then this is what you would expect to see ie. 1 default dated from the date you effectively broke the agreement, however once a default has been recorded, it cannot have the date changed, or have further defaults recorded against it

Hope this helps

 

 

If you feel that this site has helped you in any way please leave a donation if you can afford to do so.

 

If you feel that have been helpful please feel free to tip the scales.

 

 

The large print giveth, but the small print taketh away. ~Tom Waits, Small Change

 

 

Please note: i am not a qualified lawyer, any advice is offered in good faith and is based on my own and others experiences and a penchant for research and a desire to help others to empower themselves

 

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I thought I might be stuck with it. Originally there were two defaults recorded against the same debt (one by Citi, one by 1st) but since Citi made an error they removed the entry altogether before it got all legal-like.

 

Just out of curio, though - if they don't come back to me with a CCA, can I apply to have the remaining default removed?

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I've had a letter this morning stating that they are contacting Citi with regards to my request and will be responding as soon as possible. However, they are now stating that there is an outstanding balance of over £300. This is incorrect and this debt is down as settled! I will be speaking to them tonight, but has anyone had the same experience?

 

These people are really starting to get to me.

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Just another update: spoke to 1st - confirmed no debt owed. This is a standard letter they send out (!!!!) and it just happened to include this figure. How many people are going to receive these letters and PAY?!

 

I'm writing to their complaints department immediately.

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