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Payment Plan with DCA for defaulted halifax account 13 years ago means declined for a mortgage


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PLEASE HELP !!!

 

Hi,

 

I am paying a DCA £1 pm for a default in 1997 with Halifax.

 

I have been paying them £1 per month for many years. I noticed the OC have been sending me statements for the past, say 2 years, which I didnt understand why that had started to happen, but there didnt seem to be any action necessary. Although I have been paying the DCA regular £1 payments for years, this can only recently have been placed on my credit file. I havent had any other problems with credit since the default dropped off after the 6 years. Ive re-mortgaged, changed banks and got a credit card in the last 3 years. I have to add that this is in a much more responsible way! 13 years makes a big difference to how you see life and what you know you can afford!!! I have 2 children on my own and just manage to keep everything going.

 

I contacted the OC on Saturday and they said they hadnt placed anything on my file and I would need to contact the DCA about it. Is it a cut and dry debt enforceable situation? They clearly havent written off the debt as the OC started sending me statements. Is it worth offering a F&F settlement figure as they would have to remove all of the information then. The debt stands at £3671, but I couldnt offer anywhere near that. If I cant get this off my file, I may lose my home as I am coming off a fixed rate in Oct at 5.99% and the bank base rate is a whopping 5.99% at the moment. I was just praying to get to that point and wouldnt have been concerned if the BR wasnt so high with them. Imagine getting a % increase with them?

 

Im sending a CPR 31.14 to Halifax today anyway as I dont know exactly what my payments have been or if there has been any gaps. Maybe, they do have everything in order, but it scares me that they can keep this information on my file in an indirect way for as long as this debt remains.

 

The Woolwich say I have to pay a withdrawal fee within 7 days when they declined my application. The reason on the application is credit scoring. I contacted them on Saturday and they advised that there is an adverse payment plan in place on my file. I didnt understand what that could be, but now know it is likely to be the £1 token payments. In relation to the mortgage withdrawal fee, I have found this statement from the woolwich on the net:

 

"People who apply for a mortgage with the Woolwich and then pull out part way through the process are to be charged a £150 fee."

The Woolwich added that only those who decide not to take out a mortgage with the group, despite having been accepted, and those who have an application rejected because they have given false information will have to pay the fee.

People who are rejected for a mortgage by the Woolwich due to affordability concerns will not be liable for the charge."

 

I am assuming they consider that I have given false information, I didnt give them anything false, they have discovered something which they do not like. Can anyone please advise me urgently please?

Edited by SF2010
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Hi

 

I have dug up some information on this and find that the first contact with the DCA was in early 2006 when I offered the £1 token payments.

 

Loan taken 05/12/97

 

Defaulted 01/04/01

 

1st letter I have from DCA was in 2006 when they were initally refusing my £1 payment offer. I dont believe I had any before that, so there may be a gap between the default and payments, but it would not have amounted to a 6 year gap.

 

I offered them settlement figures of £618 and £848 in Aug 06 (not accepted). Starting paying £1 in 06.

 

Any advice would be extremely welcomed!

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Complain to the ico http://www.ico.gov.uk/complaints/data_protection.aspx & Trading Standards. According to guidelines a default should be registered within a reasonable time of the a/c becoming delinquent.. which is six months not 13 years.

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I contacted the OC on Saturday and they said they hadnt placed anything on my file and I would need to contact the DCA about it.
The original creditor must register a default first & then the DCA can update the information... they cannot register a default themselves. Complain to the credit reference agencies too.

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Im waiting for advice before sending the 31.14 as this only asks for a copy of the credit agreement. Any advice on the right steps to take would be gratefully received.

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Sending the 31.14 is only used when they are threatening legal action... you would need to send a SAR to the origninal creditor which would cost £10.

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Thanks Cer

 

I hope I am not confusing things as I am so anxious. I got the default for non payment in 01 and the OC registered it at the time. Im sure the adverse payment plan has been a recent addition as I have not had any problems with credit in the past 3 years and Haifax's statements only started coming in Nov 08, this would make sense as I havent applied for any credit since then, up until now that is. I will get info on when the info was last updated by tomorrow. Does that change anything?

 

Very grateful for your help!

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I hope I am not confusing things as I am so anxious. I got the default for non payment in 01 and the OC registered it at the time.
A default only stays on your credit file for six years and then it drops off automatically, a second default cannot be added. As I said, complain to the CRAs, the ICO and Trading Standards enclosing a copy of the original default notice as evidence.

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Do I still have grounds to make the complaints as advised?
See post #8

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Thanks again!

 

I dont have a copy of the default notice, the information is taken from 2 old Experian Credit File. Should I wait for the SAR to be responded to to check for the Default notice. I was advised that if I made any payments towards this debt within the 6 years after default this means they can do this for a further 6 years from the last payment and continue to keep the information on my credit file. It an adverse payment plan different and can it be shown on your file even after default has ended, not as a default, but as a note?

 

Youve been brill! I can at least know what to do as my first step to getting this resolved as I really need a new mortgage.

 

Big Hug and a Kiss!

 

SF

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If you've got a copy of your old credit file showing the default it is even better as evidence.

 

Technically because the DCA have registered a second default they have libeled you & you could sue for damages.

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Send the DCA this http://www.consumerforums.com/resources/templates-library/86-debt-collectors/586-legal-notice-issued-under-section-10-of-the-data-protection-act-1980 edit it to include that they cannot legally register a second default & enclose a copy of your old credit file, then as I said earlier start complaining to the relevant bodies.

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