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    • Well, he owed a debt, had that debt established in court and then defied the court by not paying the debt even when ordered to by the judge.   That's what a credit report would conclude.  Doesn't matter that the "debt" didn't exist and was made up by fleecers, once he didn't defend the court claim he was going to lose and once he didn't pay a CCJ was inevitable.   Yes, a set aside is the way to go.  I don't think there is a time limit, plenty of people go for a set aside yonks after the event as they had moved and never got the court papers.    
    • Thank you so much for your thorough reply.   I'm trying to work out the simplest way to deal with this. I don't really want to have to fight things through the courts if it does come to that, and I"m trying to work out if I have a cooling off period at all. I wonder if you can tell me.    I viewed the car in person and took it for a test drive. But I then went away and eventually called the dealership back to arrange to buy the car. I agreed to buy the car and paid £500 deposit to secure the car over the phone.    I then went into the dealership and completed the purchase in person when I collected the car.    Do I therefore have the legal right to a 14 day cooling off period as I was a telephone purchase for at least part of the price? Or does this only apply to a purchase completed over the phone or online? Thanks
    • So they can’t even get a CCJ against me? Unless they sell the debt? Even though this is a debt it’s not a “credit agreement” that’s defaulted so does this come into play?    I read on on another website forum that a guy had a £12,000 negative balance and he had agreed a monthly repayment plan with the DCA. Has just given in to easily in your opinion?   
    • Hi,   Do you have an update on this? Curious to know what they said.    I may be in a similar situation, 5 year old car has signs of crash damage, although yet to inspect it properly. 
    • Hi Everyone,   ..not been on here for ages......😜   Asking for my best mate.   He just had a CCJ issued against him for a Premier parking issue, one these speculative invoices I think. I don’t need to go into details now as my questions are simple to start with, etc but you can guess he ignored everything,did nothing, and it’s gone this far, reasons for another time.   Anyway, a few questions please, can you help...   Is the only thing he can do now is a “set aside application”? And is that request time limited, does he have to do it within a certain timeframe.   After reading a few things on here am I right to assume the Set Aside is a tricky thing to do?   He is only trying to repair his credit rating, which halved upon this CCJ!!!!! His was perfect before this.   In a slightly related question, why are parking fines related to a credit report. It’s not like he missed a loan repayment or credit bill payment. You could argue that non payment of spurious questionable parking fine is certainly not related to the repayment of credit or credit worthiness....   TIA Steve
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Default Notices vs CRA defaults?

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Looking at my paperwork for various accounts and reading some threads, I'm a little confused about Default Notices in relation to a default filed with a Credit Reference Agency.

 

As far as I can tell, although the two are often linked, it need not be so.

 

A Default Notice (properly served) gives the Creditor the options stated in the DN if the identified breach is not remedied, including termination of the account and the right to demand payment in full.

 

But it would appear that a default can be recorded with a CRA at any stage without a formal DN as long as they have forewarned you of the possibility. The Lending Code section 3 suggests so:

 

35. Subscribers can give CRAs default information about a customer’s debts if:

• the customer has fallen behind with their payments

• the amount owed is not being disputed by the customer; and

• the customer has not made a proposal that satisfies the subscriber for repaying the debt following the subscriber’s formal demand.

36. Whether or not notice was given by the subscriber and consent was obtained from the customer at the time the account was opened, disclosure of default information can be made. But, in all cases, the customer must be given further notice of the intention to disclose the information at least 28 days before the disclosure is made (for example,

when a default notice or formal demand is given). At the same time, customers must be given an explanation about how default information registered against them may affect their ability to obtain credit in the future. This notice will mean that customers have 28 days to try to repay or come to some arrangement with the subscriber before default

information is passed to the CRA.

 

[Although 28 days is mentioned as the period concerned, it doesn't say that this has to be stated anywhere and there appears to be no prescribed form for any intention to file a default. The code provides the Default Notice as only an example of when this might take place.]

 

Does this therefore mean even if a Default Notice is invalid in some way that offers no recourse to a CRA default being removed?

 

Obviously removal of a CRA default is a desirable outcome in any negotiations and is often referred to but I don't see how this can be forced unless the original agreement is defective in some way.

 

Considering the weight that is given to CRA files by lenders it seems the regulations surrounding the filing of a default with a CRA (not the serving of a Default Notice) are rather flimsy. Whilst the ICO guidelines suggest a default can generally be filed after six missed payments (on a CC account), any number of other circumstances can allow this to take place at any time the creditor is not happy with payments (as has happened to me).

 

Have I understood this correctly and can anyone shed more light on this please?

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Hmm. I spoke to Experian yesterday about a similar incidence. Next put a default against me which they refused to remove, even though I had paid off the a/c in full and closed it. They said they don't send Default Notices.

When I queried whether a default notice should legally have been sent, Experian told me definitely yes. They advised me to take it to FOS, after getting a final response from Next.

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Yes, you have understood it correctly and getting defaults removed is difficult. If an entry is unrelated to an unlawful DN, then as you say you have to chack the application form to see if in it you specifically gave them permission to pass your data to credit reference agencies.

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