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Hi,

 

I have read with interest the article How To Get Your Default Removed in this section.

 

I had a default for non payment applied in January 2005, which would appear to put me in the right kind of timeframe (e.g: prior to the banks tightening up procedures)

 

At the time I was very annoyed as every other card/loan I had gave me plenty of chance to sort things out, but the Egg default (and subsequent passing of the account to a DCA) seemed to come out of nowhere

 

I questioned them about this but they offered no answers and at the time I thought I just had to accept it.

 

I now owe around 6k of an original 11k :o and want to follow the removal path - if I do this, what happens to the debt if the default removal is successful, and do I stop paying the DCA (CSL out of interest) when the dispute is going on?:confused:

 

Thanks for any advice anyone can offer, I appreciate all the hard work from everyone here and hope to return the favour in due course!

 

:)

omnia praesumuntur legitime facta donec probetur in contrarium

 

 

Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

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Hi

 

If you have read all the info here about default removal then you should know a little about the procedures.

I f you have issued a cca request to the dca did they reply in the 14 days ?

 

I too have been trying for the same and the dca has not replied so I have contacted trading standards here at home.

 

a couple of questions

 

Did you recieve a notice of assignment from egg to tell you the account was being sold/transferred to the dca? they are required to do this.

 

Is the default amount wholly/or in part due to unlawful charges ?

 

Have you continued to pay arrears to the dca?

 

Did you recieve notice of default from Egg ? this is also a requirement.

 

There is no mention of DPA requrst to either egg nor the dpa ....did you send 1 ?

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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If you have read all the info here about default removal then you should know a little about the procedures.

I f you have issued a cca request to the dca did they reply in the 14 days ?

 

Hi,

 

just obtaining info at the moment prior to issuing the CCA request

 

I too have been trying for the same and the dca has not replied so I have contacted trading standards here at home.

 

Not sure whether to apply to the DCA or EGG directly?

 

a couple of questions

 

Did you recieve a notice of assignment from egg to tell you the account was being sold/transferred to the dca? they are required to do this.

 

I was under the impression the DCA were just managing the debt, rather than actually having bought it from

 

Is the default amount wholly/or in part due to unlawful charges ?

 

Only about 3% unlawful charges - I had managed the account 100% up to date up to around 3 months prior the default

 

Have you continued to pay arrears to the dca?

 

Yes - I have an agreement to pay a set amount - they have applied pressure tactics such as threatening to visit my house, etc (which I duly told them they had no power to enter or take anything and got a very nasty 'dont try and tell us how the law operates,etc' type answer)

 

Did you recieve notice of default from Egg ? this is also a requirement.

 

I have no recollection of receiving this - this is why I am considering taking action

 

There is no mention of Data Protection Act requrst to either egg nor the Data Protection Act ....did you send 1 ?

 

As mentioned in my Sig and a separate post within the EGG forum, I have sent a Data Protection Act request, they requested ID which I sent by return, now waiting the info

 

 

 

 

Thanks for your help, it's appreciated!

omnia praesumuntur legitime facta donec probetur in contrarium

 

 

Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

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You can request info from Both parties. and thats your best route forward.

The dpa request from Egg should give you the statements etc as well as man intervention if they have any which may show the sale/transferre to the dca.

You can specifically ask them if they have sold the debt and there are temp letters here on the site to help you gleen all the info you need.

Your credit file should show some info about it as well.

Your cca request if they respond will also give the information although you have more chance of getting it from Egg.

If they have sold the debt then its the dca who are now owning...so are in control of it.Some banks do have their own credit collection services in- house the Rbs is one and they themselves actually issue the defaults to credit agencies, but In the main most dcas are indipendent to the banks.

Its usually reccomended here that you continue to pay the dca if there are no disputes regarding the amount owed,but as you know if you have disputes with the original creditor and action is pending then you can ask for recovery action by the dca to be suspended pending developements.

 

Hope this answers at least some of the questions.

As regards removing the default.......unfortunately it stays on the credit file for 6 years and is merely marked as satisfied once paid.

Steps to have it removed tho are possible and are well covered in several posts on here.........just a case of reading up........and searching !

 

:D

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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