Default Notices on Credit File - How to attack?

[HF whO?]

I've just renewed my Credit File membership to see what horrors are lurking:rolleyes:

 

Now I am hoping that somebody could kindly offer some advise:grin:

 

 

 

First is

 

Lowell Portfolio:

 

Defaulted on 10-04-2007

 

Default Satisfied 28-02-2010

 

Current Balance - Satisfied

 

When looking at this log it appears at a glance that it is a defaulted account. Is there anyway of having this removed now that the Current Balance is Satisfied?

 

 

 

 

Here are a few more Defaults.

 

 

Link Financial (MBNA)

 

Started: 16-02-2005

 

Defaulted on: 01-03-2007

 

File Updated: 04-07-2010

 

 

 

Cabot Financial (UK) Ltd

 

Defaulted on: 20-04-2007

 

File Updated: 02-09-2007

 

 

 

RBS Credit Cards

 

Started: 03-12-2005

 

Defaulted on: 22-01-2007

 

File Updated: 06-06-2010

 

 

 

Natwest Credit Cards

 

Started: 03-12-2005

 

Defaulted on: 30-01-2007

 

File Updated: 06-06-2010

 

 

 

 

MINT

 

Started: 01-09-2005

 

Defaulted on: 19-05-2007

 

File updated: 06-06-2010

 

 

 

 

 

I would like to firstly add that I am under no illusion that these debts can ever be written off.

 

 

I would very much appreciate some advice that will help in dealing with matters with my best interest in mind rather than the creditors.

 

Would it be a case of sending CCA requests to them all and starting a battle to see if any of them are unenforceable?

 

I've not received letters for the above for some time now but this doesn't mean that it will stay this way so I'm wondering if the best course of defence is in fact attack:grin:

 

I have NEVER received ANY default notices for ANY default registered on my file. When my situation went pear shaped I was moving around a lot.

 

Not like my current situation with Halifax where I just haven't received the notices despite them being sent twice - APPARENTLY!

 

Thanks in advance:)

[HF whO?]

I've had a heads up from another member and in a round about way I think it was indicated that the answers ARE in the forum so get reading!

 

Hopefully members will continue to view and jump in if they feel that I am about to make a mistake;)

 

First step I believe is to get the lowells default corrected as the status is showing DEFAULT as opposed to SATISFACTORY.

The amount is showing as satisfied but all the other accounts that are clear are showing SETTLED.

 

 

With the remaining creditors that are decorating my file with defaults I am going to fire in some CCA requests and see what replies come back.

 

Thanks for viewing:D

[Blondie40]

I've had a heads up from another member and in a round about way I think it was indicated that the answers ARE in the forum so get reading!

 

Hopefully members will continue to view and jump in if they feel that I am about to make a mistake;)

 

First step I believe is to get the lowells default corrected as the status is showing DEFAULT as opposed to SATISFACTORY.

The amount is showing as satisfied but all the other accounts that are clear are showing SETTLED.

 

 

With the remaining creditors that are decorating my file with defaults I am going to fire in some CCA requests and see what replies come back.

 

Thanks for viewing:D

 

How was the account settled, did you pay the balance or offer a sum as full and final settlement?

[HF whO?]

How was the account settled, did you pay the balance or offer a sum as full and final settlement?

 

Well I've been thinking about this now.

 

I seem to recall one payment of about £8 being outstanding and I could no longer to afford to pay. I'm sure I have a couple of letters somewhere???

 

I was paying £10 a week and I'm wondering if they've just done this as I could not pay the very final instalment?

[dx100uk]

thing is

you need to be clear as to WHAT the 'defaulted' means.

 

it can be two things :

 

you have made more than 8 under or no payments in a row - this then becomes automaticaly 'defaulted' by the CRA system.

 

you received a 'default notice' and you failed to resolve the arrears within 14 calendar days.

 

my guess is the former.

 

there is little you can do to remove the auto CRA 'defaulted' marker

 

there are some things you can try to get the default removed IF it was by a 'default notice' [the default notice can be invalid in a number of ways - if the default notice WAS proved invalid - then the default marker MUST be removed.

 

you won't get anywhere by requesting CCA's, event if it IS un-en, that won't get the default removed

 

my best stab is to SAR the OC's concerned and hope they send a copy of org default notice.... BUT.. they are not obliged to do this, in terms of the SAR, they only have to PROVE it was sent, nothing more.

 

there are many threads on default notices use the search in the blue bar above.

 

pers with the amount of a/c's with default it might well be cheaper to wait for the 6yrs

typically a/c's will fall off your CRA record 6yrs after your LAST financial I/O

 

dx

[HF whO?]

I think the problem I am finding hard to understand is "WHY, if the balance of an account has been satisfied, does it still appear as an account in default"?

 

Yes it was defaulted due to [8] plus payments missed but it is satisfied now???

 

I believe that this recording on my file is being displayed incorrectly AND may be adding more negativity to my already very colourful file?

 

 

Also, let me try to make you aware that I am hoping to start to turn things around in the near future and want to get my credit file clear of all negatives.

 

Now obviously I'm happy to pay off all outstanding balances BUT provided of course that I am the person that owes that debt AND that they have the required documentation.

 

I have not put up with all the sh*t that I have had to deal with over the past how ever many years due to falling into bad times just to turn around and shout "anybody want some money then come and get it now"!!!

 

I always have worked hard for everything I had in the past and I had to give it all up (NOT through my choice). Now I am going to have to work so much harder just to get back on track and I don't see why I should pay anyone that is unable to produce the legally required documentation.

 

Does this sound fair or make my position any clearer???

[Melbel]

Good on you. Im doing the same.. ive had 5 defaults added to my file with no notices or terminations (that i am aware of)

 

I am picking up advice as i go along and am subbing this thread.

 

Good luck

[dx100uk]

per i'd take this up with the CRA

i bet if you check another CRA it will be diff

 

dx

[HF whO?]

per i'd take this up with the CRA

i bet if you check another CRA it will be diff

 

dx

 

 

So with regards to the Lowell Portfolio entry I should contact the Credit Reference Agency making reference to this?

 

Your Credit Rights Schedule 1 Regulation 4(1)

CREDIT REFERENCE AGENCY FILES

INDIVIDUALS (INCLUDING SOLE TRADERS)

YOUR RIGHTS UNDER SECTION 159 OF THE CONSUMER CREDIT ACT 1974, AND UNDER THE DATA PROTECTION ACT 1998, IF YOU THINK ANY ENTRY IN OUR FILE IS WRONG

This statement of your rights is provided by Experian Ltd together with all the information we hold about you on our files.

 

Contact us via the web site: www.experian.co.uk

E-mail: [email protected]

Phone: 0800 6569000 (press option 5)

Address: Consumer Help Service, Experian Ltd, PO Box 9000, Nottingham, NG80 7WP

Your rights are as follows:

 

If you think that any of the information we have sent you is wrong and that you are likely to suffer because it is wrong, you can ask us to correct it or remove it from our file.

You need to write to us telling us what you want us to do. You should explain why you think the information is wrong.

I do believe that the entry is incorrect because the current balance is listed as being Satisfied but the account is still displayed visually as an account in default?

 

 

Thank You very much for your assistance:wink:

[HF whO?]

I have just noticed that RBS Credit Cards, Natwest Credit Cards and MINT are all listed at the same address so I am now wondering if it would be more worthwhile sending a SAR listing all three accounts?

[dx100uk]

good move.

add the line to include all/any consumer credit agreement with your group.

 

wont get the DN's though i bet

they only have to show it was sent, not what was on it.

 

might be worth the £10

 

dx

[HF whO?]

add the line to include all/any consumer credit agreement with your group.

 

Thanks dx, I will do that. Is it not supposed to be included as part of the information that they supply anyway? Or is this just reinforcing this part of the request?

 

might be worth the £10

 

I think so too:D It's going to cost the recorded post plus £3 in Postal Orders anyway so I may as well do the one Postal Order for £10 plus the recorded post.

 

Hopefully KILL 3 birds with 1 STONE:cool:

 

 

 

 

 

 

 

I have just drafted a very short letter to the CRA too.

 

I have never had to do anything like this before so I have decided to keep it very short and simple.

 

Would someone please be kind enough to agree that they think it will do the job?

 

15th July 2010

 

Dear Sirs

 

Reference:

 

Please can you correct Entry Number: C2 on my file.

 

In my opinion the account visually appears to be in default and could be having a negative effect on my file.

 

I would appreciate it if you could change this so that it appears like the other accounts that have “Satisfactory Settled” next to their entry.

 

The Current Balance in Entry Number: C2 Lowell Portfolio I Ltd is “SATISFIED” therefore no longer in default.

 

I would like to thank you in advance

 

 

 

Yours Faithfully

 

Short and simple:D Like me:p

[HF whO?]

Just a thought?

 

MINT, RBS Credit Cards and NATWEST Credit Cards wouldn't happen to fall within the HBOS group would they???

 

I have an SAR already being taken care of by HBOS at the moment.

[Blondie40]

Just a thought?

 

MINT, RBS Credit Cards and NATWEST Credit Cards wouldn't happen to fall within the HBOS group would they???

 

I have an SAR already being taken care of by HBOS at the moment.

 

No, Mint, RBS and NatWest and Royal Bank of Scotland Group.

 

HBOS is Bank of Scotland Group (now owned by Lloyds Banking Group).

[HF whO?]

No, Mint, RBS and NatWest and Royal Bank of Scotland Group.

 

HBOS is Bank of Scotland Group (now owned by Lloyds Banking Group).

 

Thanks, just thought that I would double check first:D