Confused with my Credit File?

[jules79uk]

Hi,

 

Im new to this but after reading many posts and getting some help in beating away DCA's that are chasing up debts older than 6 years im looking to repair my credit as i have the worst credit rating possible, however do not have any CCJs or IVAs just defaults.

 

I have been chased my Lowell Finance, Therasea LTD and Red Debt company for a Credit card amount i had not paid in over 6 years £200 limit but NatWest applied £900 charges i ended up agreeing an amount of £791 with Lowell and paid it(before i found this website) however i have checked my file and all 3 DCA's have logged Defaults against me for the same debt and only Lowell shows as settled how can these companies default me if i didn't even have contact with these companies! Can i get these other defaults removed also the original Debt with Natwest is also shown as open even though Lowell advised they had bought the debt from Natwest. Im really depressed at this as looking to get a mortgage which is now impossible with my credit rating. My credit in the last 2 years as been immpecible Credit card with HSBC and loan all being paid without issues, untill these toe rags turned up chasing me for 6 year old debts.

 

After reading the threads from Surely i am filled with some hope but still confused

 

http://www.consumeractiongroup.co.uk/forum/legalities/24013-defaults-proposed-method-removal.html

 

 

i have another few little questions about how i can improve my Credit File with the usual 3 suspects, if a default notice on my account is over 6 years should it be removed or can i request it to be removed?

 

When i debt is over 6 years old can this be removed from your file or will this always show on your record?

 

As soon as i understand what i can and cant do i will be using the above letter templates to wage war on EQ,EP&CC and hopefully get me back to where i need to be!

Edited September 11, 2008 by jules79uk
replies from DCAs

[reallymadwoman]

There are many people on the site with much more knowledge about credit files than I have, but I think you can definitely do something about the 'duplicate' defaults. Not sure about the rest, but hopefully someone else will be along soon to offer help.

[postggj]

a credit company firsts defaults you, then it is sent to a dca, the dca deleates the credit companies default and adds there own

the dca default shows the same date as when the bank defaulted you.

 

you can only be defaulted once

 

i take it the original default from the bank has gone from your credit file

 

if the debt is statute barred, a dca has no authority to default you, even if you paid.

 

to be statute barred, you must have made no payment or acknowledged the debt in six years, is this the case.

 

if it is, you should be able to get all the defaults removed as the dca has no authority to process your data

[jules79uk]

Thanks postggj

 

The original Debt by NatWest defaulted on 04/03/03 but that was a build of 13months of not paying or any contact, my understanding is becasue they officially defaulted on 04/03/03 then this is not statue barred however lowell then defaulted me 27/02/06 for the same debt which i later paid them and is show as satisfied however both defaults are shown!

 

In regards to Barclays original default date which i have just found out is 31/10/02 i sent a letter to DCA lowell advising it is statue barred they replied they will look into it 25 days and nothing as yet (might be in troube as its not quite 6 years from actually default date) however when Lowell took over the debt they have also defaulted me on 22/10/02 (dates dont even match!) but again 2 defaults!

 

Rockwell where also chasing up a debt for capone however when i requested credit agreement they advised me that capone could provide so they have close the matter however Tessera had already defaulted me on 04/03/03 with capone also defaulting me i presume this would stand as debt is valid and unpaid?

 

So 6 defaults which should actuall be 3 which surely would make a difference on my credit score?

 

Do defaults and debts clear from your file automatically after 6 years since settlement date or default?

 

sorry for all the Qs just really trying to get this under control!

[postggj]

defaults are deleated from your credit file after six years, paid or not

with the cap 1 account, you need to find out when cap 1 defaulted before selling to rockwell, this would prob involve an sar

 

in regards to barclays default

have no more contact with the dca untill the six years is up, only another month. it will take them that long to understand your request.

 

the natwest default stands 04/03/03

 

looks like lowell defaulted you after they purchessed the debt, it should be

from when natwest defaulted you

which will expire march next year

 

looks like these should drop off your credit file early next year

you need to be letter writing to the dca, an explanation is in order for why the accounts have extra defaults for the same debt

try to get the original default notices from barclays, cap 1, and natwest

a sar is needed for this to the original creditors, not the dca

 

dont do anything for thirty days

 

looks like the dca have a lot of explaning to do

keep your thread updated and when i have time ill draft a letter for you to send to the dca

 

get those original default notices

[postggj]

the statute of limitations start from the cause of action

ie stop paying

not from the default notice

[jules79uk]

the statute of limitations start from the cause of action

ie stop paying

not from the default notice

 

I see i didn't know that, so whoe do i get the defaults removed from the original creditors who sice sold the debt on or from the DCAs as they shouldn't have logged defaults as the debts where statue barred.

 

Do defaults/debts automatically get removed after 6 years from your Credit file?

[Jamesx81x]

Any default that is over 6 years old should be removed from your credit file if they are not write to the CRA and ask them to do so.

 

With no CCJ's get rid of the defaults and your file will read good.

[postggj]

the barclays default will drop of in a month, so do nothing with that

like i said, send a sar to natwest and cap 1

dont mention anything if they ask

 

we need to see copies of the default notice (dates) to confirm

if indeed statute barred, they have to remove defaults and all account info

resault is a clean credit file, but dont tip your hand

 

i

[fairmorn308]

i have same problem with Lowell with a default on my file.

 

i have requested a credit agreement and awaiting on there reply. Then i will ask them for a SAR and go from there i think.

 

any other help would be great

[jules79uk]

the barclays default will drop of in a month, so do nothing with that

like i said, send a S.A.R - (Subject Access Request) to NatWest and cap 1

dont mention anything if they ask

 

we need to see copies of the default notice (dates) to confirm

if indeed statute barred, they have to remove defaults and all account info

resault is a clean credit file, but dont tip your hand

 

i

 

So the S.A.R. will send me all copies of the default notice from Natwest and Cap1 then i presume, if they cant provide me this does that mean they have illegally applied the defaults to my Credit File?

 

I have already sent a S.A.R. to cap1 14/08/08 including £10.00 PO no reply as yet.

 

Also you say i shouldn't mention anything if they ask, what are they likely to ask?

 

Sorry for all the Qs just want to get this correct first time

[postggj]

wait untill you get the sar back

the first thing we need to check if statute barred by knowing the last payments made. you can kiss the dca good by if you want

the default notice is needed to default an acount, but that does not stop them.

getting defaults removed is the holy grail and can be done,

the default notice is a start and a reason,

the sar will tell you all this

[jules79uk]

I have the following responses from the DCAs

 

REDdebt/Lowell - Have agreed that debt is now statue barred

Rockwell/Tessera - Have closed case as Capone unable to produce CA

Capquest - Are requesting CA however have offered me a once in a lifetime opportunity 70% off the debt pay £16 they say they have logged a default against me and if i pay they will contact the CRAs and advised them i have "short settled the account" does that mean they will remove the default!?

 

My question is...

 

Now the above companies agree they cannot claim anything from me and have closed the account can i get the defaults they have logged against me removed??

 

I have searched for a template letter to enter a dispute with the CRAs but i cant find anything can anyone help?

[postggj]

if i were you send capquest a letter

 

tell them this

with out addmitting liability for the debt, i accept your proposal of settlement of £16

this is on the understanding that the default is totally removed including all entries by capquest

marked as satisfied is not aceptable, only complete removal

 

i await your reply

 

did the original creditors place defaults on your credit file

[jules79uk]

if i were you send capquest a letter

 

tell them this

with out addmitting liability for the debt, i accept your proposal of settlement of £16

this is on the understanding that the default is totally removed including all entries by capquest

marked as satisfied is not aceptable, only complete removal

 

i await your reply

 

did the original creditors place defaults on your credit file

 

Letter to Capquest has been sent pretty much as above, lets see what they say to that!

 

Yes multiple defaults have been logged once with original creditor and one with the DCA:(

[jules79uk]

Well i have had two responses now from capquest. Advising simply, they will amend my account once payment is made! I have sent a reply stating that if they can confirm in no uncertain terms that the default will be reomved i will pay in the interests of resolving quickly, and my response from capquest is the same "we will amend your account accordingly once paid"

 

As per the original request for the CA from capquest they have not been able to provide this so im sure they cannot legally request monies owed now i think? as its now been over 30days. I'd still rather make payment to get default removed but doesnt look like the guy who is now responding directly to me within a couple of days (woohoo) is going to agree to anything! any ideas?