Removing a default / dealing with DCA

[NearlyDebtFree]

Hi all,

 

About a year ago I faced some financial difficulty and went £1k over my £2k student overdraft with the Co-operative bank. Unfortunately at the time I took a "bury my head in the sand" approach to the problem, which has resulted in them placing a default on my credit file.

 

Since then the debt has been passed onto Robinson Way who have been sending me letters to pay the debt in full or face legal action etc.

 

I am now in a position to pay the balance off in full and was wondering if it would be possible to get some advice on the best way to do this, as I would ideally like to get the default removed from my credit file.

 

If the default was marked on my account by the Co-op do Robinson Way have the power to remove said default on full and final settlement (assuming I send them one of the template letters to that effect)? Or would I be better starting with a CCA request and taking it from there?

 

Any help would be much appreciated.

 

Thanks in advance,

[PGH7447]

question is who owns the debt now? I doubt it is robbingscum way.

 

you could offer to pay on the understanding that the default is removed, but get it IN WRITING

[NearlyDebtFree]

Just a quick update but i've checked my credit reports on checkmyfile and it shows that a default has been issued against me every month for the last 12 months since the account was closed and sent to Robway! Is this normal? I thought that once the account was closed they couldn't continously place defaults on my file? I assume it's RobWay placing the defaults...but i've never made any payments to them before so I don't understand how I could be in default?

[PGH7447]

it will be 1 default it just shows every month, I have the same even though i am paying the dca, and no its not robbingscum

[NearlyDebtFree]

Hi,

 

Thank you for all your help - it is greatly appreciated.

 

So should I send the CCA letter to RobWay first and then depending on their reponse follow up with a full and final settlement offer? Or would it be better to write to Co-op?

[NearlyDebtFree]

Just a quick update but I have now sent an initial full and final settlement letter to Robinson Way on condition of default removal and have also sent the default-letter-was-never-sent-out template letter to Co-op.

 

Will let you know as soon as I hear something,

[NearlyDebtFree]

Hi all -

 

I apoligise for not updating this thread in a while but it's been quite a hectic couple of months!

 

Further to my last post I sent an initial full and final settlement offer letter to Robinson Way on 17th December 09, and have not heard anything from them since.

 

On the same date I also sent a default-letter-was-never-sent-out letter to the Co-op.

 

As I now live at a different address they wrote back on the 4th Jan 2010 saying they could not comply with my request as the address was different to the one they had on their records, and that I should write back to them confirming my new address.

 

On the 12th January 2010 I wrote back to them confirming my new address and repeated my request for the CCA. I also enclosed a copy of the orginal letter.

 

I heard nothing back, so on the 4th Feb I sent them an adapted version of the CCA Reminder letter, as shown in post 2 here:

 

http://forums.moneysavingexpert.com/showthread.html?t=2060575

On the 1st March I received a letter from Equidebt, telling me that they had been instructed to contact me to arrange payment of the debt or face legal action, doorstep agents etc

 

On the 7th March I sent them an adapted version of the letter shown in Post 6 in the link above, account sold whilst in default of CCA request. In addition, as the timeline has expired from my CCA Reminder letter and I had heard nothing back I also sent the Co-op a copy of the CCA Dispute letter in post 4 above.

 

On the 12th March I received a letter from Equidebt informing me that further to my correspondence they are no longer dealing with the account and that it has been passed back to The Co-op Bank.

 

I have as yet heard nothing back from Co-op themselves, and as the deadline on the CCA dispute letter will expire in a couple of weeks I was wondering if somebody could give me some advice on how to proceed from here?

 

Note that I have copies of all correspondence and that everything was sent via recorded delivery. I also have evidence that everything was signed for on the other end.

 

Any help would be much appreciated.

 

Thanks and regards,

[PGH7447]

just wait the fools out for now

[count orlok]

overdrafts are not covered by sections 77 to 79, you need to be contacting the Co-Op to see if you can get the default removed when you settle the account. Are yu sure it is a default that is appearing on your credit file and not a late payment. A default only appears once whereas late payments show for every month.

 

Only the OC can remove a default.

[NearlyDebtFree]

Hi -

 

It is definitely registered as a default.

 

With regards to overdrafts not being covered under CCA, from reading other threads I was under the impression that as it is still classed as a credit service (separate from a current account) a CCA request would still be applicable?

 

Note that the original letter was primarily disputing the fact that a default notice was never sent out, using an adapted version of the template from here:

 

http://www.learnmoney.co.uk/credit-file/remove_default_notice.html

[NearlyDebtFree]

Got a letter back from Co-op on 18/03/10 with a copy of the default notice they sent me.

 

They also reiterated what count orlok stated above, that the CCA does not cover overdrafts.

 

Notice looks legit so i'm going to send them a F&F settlement offer on condition of default removal now.

 

Will keep you posted,

[NearlyDebtFree]

Right all time for an update.

 

Since my last post I sent a F&F settlement letter (on condition of default removal) via recorded delivery to The Co-operative Bank on the 08/04/10. I received no response and thus decided to resend the same letter on the 21/04/10. This has also been ignored.

 

On 12/05/10 I received a letter from Westcot informing me that they were now acting on behalf of the Co-op bank and demanding full repayment of the debt within 14 days or face legal action etc. On 20/05/10 I sent them a copy of the F&F settlement letter that I initially sent the Co-op. This also appears to have been ignored, and I have as yet received no response from either party.

 

What do you think would be the best course of action from here? I was considering ringing up both Westcot and the Co-op to see what was happening with regards to my account, as I would really like to get this default removed and the account settled once and for all.

[Deb T]

It is not advisable to talk to a DCA on the phone particularly the likes of Westcot as they will only quote you out of turn and attempt to goad you into some sort of payment. In essence they're just the next step along where collection is concerned, I doubt they'll be the ones filing for court.

 

I have an issue with Westcot but since putting them on notice of some of the gaping errors in their correspondence to me I've heard nothing (some 9 months now)

 

It may be worth ringing the CO-OP, but you should probably address your issue a little higher than the usual phone drone that answers the call, perhaps get a name of the Customer Services Manager and attempt to speak to them, if they're 'busy' or in a 'meeting' then simply send him/her a letter by recorded delivery giving him/her the lowdown.

 

You seem to have done all you can and you also seem to have kept a record of when/where etc, essentially until they speak to you there is little else you can do.