clean up my credit file and get out of debt should i use a credit repair agency?

[jaystar85]

im writing here as a last resort i have since i was 18 been in debt and have recently been trying to sort it out i just need some guidance as to what i need to do

ive got my credit report and paid off a few of the defaults

i was looking at using a credit repair comp any they say they can write off most of my outstanding debts and remove defaults but they want 195 pound per agreement should i sign up and do this as i really want it sorted....

i have 6 defaults on my credit file 3 have been paid 3 havent i then have 2 other debt collection agencies after money that dont show up on my file

 

currently i have defaults for

02 450 pound (not paid) have had no contact with them for 2 years

 

avon 137 pound (not paid) have had no contact with them for 2 years

 

lowell portfolio 457 pound (not paid this was origionally a littlewoods debt) have had no contact with them for 2 years

 

llyods tsb more than credit card paid f+f settlement of 200 pound on an outstanding balance of 2000 pound shows as satisfied default

 

debt mangers 223 pound this was a next directry debt paid in full shows satisfied default

 

next directory default 244 pound this has been paid in full shows as satisfied default

 

i now owe 650 pound to llyods for an old overdraft this has now been sold to a debt collection agency

 

i also owe 250 pound to moorecroft debt collection agency for my old anglian water debt

 

are any of these likely to get wiped off my file if i pay this company or should i just leave it as is and pay them off bit by bit and be done with it

 

i would apprecite any advice on this

[esmerobbo]

These companies can do nothing that you cant do yourself. If the defaults are entered correctly there is nothing you can do to have them removed unless the original company removes them.

Even if you prove the defaults were incorrect trying to get the CRA to remove them is very difficult. They normally just refere you to the company who defaulted you.

If any accounts had unenforcable CCAs you may have a possibility to have defaults removed after a major fight.

However you have two accounts there that dont need CCAs the overdraft and the Water company.

Rather then pay this company I would try and pay the debts off and have the accounts marked as settled.

You say a couple of accounts dont show up on your CRF have you had copies from the 3 major ones I had some on one that wasnt shown on another and I had one come back clean:)

 

Its really up to you but I cant see them being able to do anything you could'nt do yourself after a bit of research from this site. Looks to me is all they are going to do is check the debts are enforcable due to correct CCAs There are companies who do that for a lot less!!

[jaystar85]

These companies can do nothing that you cant do yourself. If the defaults are entered correctly there is nothing you can do to have them removed unless the original company removes them.

Even if you prove the defaults were incorrect trying to get the CRA to remove them is very difficult. They normally just refere you to the company who defaulted you.

If any accounts had unenforcable CCAs you may have a possibility to have defaults removed after a major fight.

However you have two accounts there that dont need CCAs the overdraft and the Water company.

Rather then pay this company I would try and pay the debts off and have the accounts marked as settled.

You say a couple of accounts dont show up on your CRF have you had copies from the 3 major ones I had some on one that wasnt shown on another and I had one come back clean:)

 

Its really up to you but I cant see them being able to do anything you could'nt do yourself after a bit of research from this site. Looks to me is all they are going to do is check the debts are enforcable due to correct CCAs There are companies who do that for a lot less!!

 

thanks for the advice i would imaging all the debts are enforcable unles im being stupid althogh i never did sign an agreement for avon / littlewoods / or 02 as i done these all online does that make them unenforceable??

[Shawn0109]

No it does not make then unenforceable because when you apply for anything online you are agreeing with their current terms and conditions you would normally tick a box when you apply on line which is like an electronic version of your signature just a reminder if you send of a CCA letter to say O2 Mobile for example it will not work as Mobile Phones and a few other things like Bank Accounts with Over Drafts are not under the CCA 1974 so you would have to send them the SAR letter for other like Littlewoods you can CCA them or the DCA that have bought the debt from them.

[lunar jim]

Just want to check something: those first three which are a couple of years old and have had no contact about... If they run another four years like that they will be statute barred and won't appear for credit checking etc.? But if the OP pays them off now then it'd be six years from now before they 'disappear'?

 

If this is the case would it be worth taking a punt that, since no contact has been made for a couple of years this will be the status quo for the next four years? If during that time the OP is contacted then they could just go down the CCA route anyway. And if the limitations Act is amended to three years as they are talking about then all the better.

[Shawn0109]

From what I know that if you start paying them again then the 6 years starts all over again because you would have aknowledged the debt, but if they have no credit agreements which is where the CCA comes into play for Credit Cards Loans and Catalouges then they will be unenforceable.

[lunar jim]

So IMHO the OP would be better off leaving them for now, not contact them, not make a token payment or otherwise acknowledge the debt and hope they drop completely off the radar.

[missdpd]

Like Lunar Jim said Why fuel the fire? For the ones that haven't made contact for 2 yrs, I would just wait until they do and then CCA them if applicable.

 

With regards to the Lloyds overdraft, have you claimed back the bank charges that may have been added onto this? I would Subject Access Request them first off and see what charges they have added to your account and take it from there.

[esmerobbo]

I agree rattling the first three and making a payment would start the 6 years again. But if they are not settled they would show as unsettled default for the full term.

If it is your intention is to get credit then waiting the six years or four years is one way. If you look at some applications for credit they ask if you have any defaults in the last two years. I suppose if for instance you wish to apply for credit say for a mortgage then settling the defaults so they are all marked settled is the way to go. Then some lenders may be willing to lend. I dont think many would if you had unsettled defaults.

I think its a hard one to call!!

Getting back to your original question I dont think anyone could clean your CRA file so that you looked like a good risk to a lender.

Also waiting the four years could be risky as whoever has the debt or takes over the debt within the four years may not play by the rules!!

[lunar jim]

Also waiting the four years could be risky as whoever has the debt or takes over the debt within the four years may not play by the rules!!

 

True, but that's why CAG is here

[gizmo111]

The default whether paid or not will reamain for 6 years from the date it was defaulted on your file. Even if you pay the default date will not change and they cannot enter the same default twice. If applying for credit it is better to have them satisfied and over 3 years old. Some will negotiate removal if you pay in full - some won't.

[jaystar85]

thanks for everyones replys ita a nightmare!!

so in everyones opinion id be better off leaving the 1st 3 as i have had no contact and then continuing to to pay the people ho are hassling me and basically the defualts are all going to stay on file for years anyway am i right in suggesting this....

 

 

another question the llyods overdraft most of it was made up of bank charges so can i reclaim them then

[maroondevo52]

 

another question the llyods overdraft most of it was made up of bank charges so can i reclaim them then

 

Yes

 

Regards.

 

Scott.

[jaystar85]

Yes

 

Regards.

 

Scott.

 

will i send the letters to the current debt management company or llyods and as i dont know the origional account number for the debit card is that a problem ? can you tell me how i go about doing this sorry for being a muppet but i really dont know how to do any of these things

thanks sarah

[esmerobbo]

The DCA dealing with the LloydsTSB debt should deal with everything to do with the debt. However they probably wont and refere you to LTSB.

If you SAR the DLA they have in my case usually passed it back to the OC.

Once they comply and send you all details of the account any charges can be checked and possibly reclaimed.

 

One thing I done with a Natwest overdraft is I deducted the excessive charges IE from £35 down to £12 took of all the silly charges for letters and offered them what I thought I actually owed. Which was about £500 less then they said as a full and final. They accepted first go!!

 

Hope you have success.

[jaystar85]

The DCA dealing with the LloydsTSB debt should deal with everything to do with the debt. However they probably wont and refere you to LTSB.

If you Subject Access Request the DLA they have in my case usually passed it back to the OC.

Once they comply and send you all details of the account any charges can be checked and possibly reclaimed.

 

One thing I done with a NatWest overdraft is I deducted the excessive charges IE from £35 down to £12 took of all the silly charges for letters and offered them what I thought I actually owed. Which was about £500 less then they said as a full and final. They accepted first go!!

 

Hope you have success.

 

so if i send a sar to the dca (got a temlate letter on here ive just seen ) then see what they say from there is that right? with mine id say at least 500 of the 700 i owe is made of charges so if i can prove that once i have the statement things how do i go about getting them to sort it out then

sorry to everyone for being so naive