I need to remove defaults!!!

[Snowball82]

Hi, this is a very long story (as most peoples usually are). Shortened version. i have had a very stressfull few years, i nursed my mother with terminal cancer for 8 years. Within that time me and my partner were starting a life, house together and i started studying at uni. (more debt). I did get into debt, not for huge amounts but within that time i had around 6 addresses within 6 years. I build up debt through catologues and home credit agencies.

 

i am now married, with 2 children, 1 on the way, i have lived at the same property for nearly 4 years and work as a nurse so my income is much better. Only problem is my credit file is shot!!!

 

i know i was foolish to get in this situation, i was only 18 at the time and thought i knew it all!!!

 

We live in a council house and are wanting to purchase it very soon. I have made enquiries but my credit file is seriously stopping me doing this.

 

I looked at my credit file and saw i had 6 defaults on the register. I wrote to them (some are with debt collection agents) to explain my circumstances over the last few years and as the amount is low, (the most is for £730) i would like to find out if they could offer me a settlement figure in return for the default being removed.

 

I sent the letters to these companies but then came accross this website and i am now wondering if i can claim a cca against them to remove the defaults?

 

Few questions

 

What happens if they can get the cca paperwork?

 

If they dont reply within 12 days then the 30 days do i write back to them?

How do i insist they remove the default?

 

 

I would appreciate any help and appologise it is long winded!

[Deb T]

 

Few questions

 

What happens if they can get the cca paperwork?

 

If the CCA is valid it simply means the debt is enforceable....doesn' always follow that a CCA sent is enforceable mind.

 

If they dont reply within 12 days then the 30 days do i write back to them?

It's 12 days + 2 that you have to give them, most do not make it in such a short space of time which after the 12+2 you can put the account into dispute via this letter

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

 

How do i insist they remove the default?

 

Do not assume that in the absence of a requested cca that the dca or creditor you're in communication with will remove the default. Nice in theory but in practice it is highly unlikely. They will assume you owe the money, they've just got to try and provide paperwork that shows you do....but they won't remove a default simply because they can't find/produce the paperwork.....not in 99.99999% of cases anyway.

[Snowball82]

thank you.

If they cant find the paperwork and the debt is unenforceable or in dispute how is it then removed or is there any other way around removing the defaults? i read something in a thread about it being removed as being unsubstantiated. is this right?

[Deb T]

In my opinion it is difficult to get a default removed by a creditor/dca even in the absence of requested CCA's .

 

Why do you think the debts are unenforceable?

 

I have a number of defaults, one of them the account is in dispute and has been since July last year, I've requested the default removed both via the dca and via the CRA (equifax/experian).

 

I'm reasonably sure that the DCA will not be able to supply the CCA and even if they do they've got other issues to deal with afterwards that I have not yet mentioned...I sent a copy of a letter from the DCA to me to equifax where the DCA have stated that as yet they have been unable to source the CCA and as such the account is currently suspended pending them coming up with the goods. Neither of the CRA's were interested and I've since filed a complaint with the data commission re the processing of my data....but we're 8 months on and still the default is on my file....

[Pinky69]

Getting defaults removed is very difficult and isn't dependent on DCAs being able to get copies of your agreements. The purpose of getting a copy of the agreement is to ascertain whether the debt is enforceable in court. If they do not send a copy in 12 (+2) days, you can put the account in dispute and withhold payment until such times as they do produce a copy. The 30 days offence was abolished in 2006. Once you have copies of the agreements you can scan them on here (covering over your personal details) and we will advise you whether or not they are enforceable.

 

Defaults are entered after the relationship between creditor and debtor breaks down. I suggest you read the Information Commissioners Technical Guidance on filing defaults, which you will find on the ICO website in the Data Protection Act section. Even if you offered settlements, they are more likely to mark the credit report entries "settled" rather than remove the entry or the default. What you need to do is determine whether they had any lawful right to process your personal data in the first place - permission for which is given in the application form - and /or whether or not entries were made after the account was rescinded ie terminated without prior issue of a lawful Default Notice. So you need to dig out any DNs and any letters telling you the accounts have been terminated. You also need to list any accounts that were sold to DCAs without Default Notices being sent you and demands for the full balances on the accounts being made by either the creditor or the DCA without DNs being issued or the DNs being unlawful - again a scan job on here for checking. You also have to check whether or not the default sums are accurate ie is what they have entered as a default sum on your credit records correct.

 

The procedure is that armed with your reasons why the defaults should not have been made you firstly ask the creditor/DCA to remove them. They won't. You then take your case to the Information Commissioner. That procedure takes months. If the ICO says in his/her view the defaults were entered legitimately, then the next step is to take your case to court.

 

I am sorry to baffle you with science but as I said it is very difficult and takes a lot of correspondence where there are legitimate reasons to have them removed.

[somad]

Im trying to find out .....how many defaults should you have with 1 creditor? i thought it was one?

[Pinky69]

It depends how many accounts you have with one creditor which have been defaulted. They can enter 1 default for each acount but the same account cannot be defaulted twice