Defaults on my account that are satisified ??

[MountainGoat]

These are due to drop off next year (2011) I believe as the actual date of default according to the report was 2005?

 

I have been reading on here and noticed people saying if they are satisified that they should not be there. One was a partial settlement however and the others i *think* were paid in full or settlements also.

 

I included a pic of the defaults as they appear on my report. Can anyone advise please?

 

http://i34.tinypic.com/k9avxg.jpg

[Guest Jason King]

From what I gather, even though they are satisfied they remain on your file for the 6 years, just like a CCJ, although prospective lenders will be able to see they are satisfied.

 

I've not heard of Defaults being removed just on the basis they have eventually been satisfied unless, of course, one has negotiated with the lender to ask them to remove them, which is tough going.

[dx100uk]

correct.

 

dx

[MountainGoat]

Hmmm thanks guys. It has left me with a few questions which I am unsure of.

 

 

1. I thought I could just ask them for the original agreement and then have it removed when they cannot produce it. I am guessing nothing can be done because as it is satisfied they do not have to comply with a CCA request. However could I not just send them a SAR request and do it from there?
   
2. Are my calculations correct, it is the date on the credit report you count 6 years from (ie 10/06/2005 > 10/06/2011) ?
   
3. If a DCA started to bill me before the Six year drop off Could I then start sending off SAR requests (browsing through the site it seems so but just incase) ?
   

Thanks so much for your help everyone

[craigers]

SAR them and ask for a copy of the agreement and the default notice. Also ask for confirmation of when and how the default notice was sent to you.

[MountainGoat]

I think I might start with the Halifax one as it is the furthest away from dropping off. I really am not sure however when to count 6 years from, I am assuming it is the default date as written in the credit report, or is it the last time the account was updated as some of them were updated in 2009 which would be disgusting if that was the case!

[dx100uk]

it's YOUR last financial in/out that starts the clock ticking.

 

NOTHING barring a CCJ can reset it, other than YOU writing a letter that says [specifically] 'i ack this debt' and you sign it.

 

dx

[MountainGoat]

it's YOUR last financial in/out that starts the clock ticking.

 

NOTHING barring a CCJ can reset it, other than YOU writing a letter that says [specifically] 'i ack this debt' and you sign it.

 

dx

 

Im very sorry I do not understand what your saying to me. There are 3 dates on that report.

 

Special Instruction Start Date

Defaulted on

File Updated for the period to

 

Is it one of these dates, or is it simply the last time anything was paid to / from the card ? If it is the latter then I do not know when that would have been. Would a SAR not tell me anyway?

 

Very sorry again.

[dx100uk]

as said YOUR last financial transaction ......

 

the SAR should tell you that hopefully

 

dx

[MountainGoat]

as said YOUR last financial transaction ......

 

the SAR should tell you that hopefully

 

dx

 

Ah ok so basiclly the very last amount of money to the account, be it negative or positive. So those dates on the credit file mean sweet FA then? God damn it, i thought they would be dropping off in 2011 aswell. Good job i checked.

 

I did reclaim the charges off the account, I must check through those documents. I cannot remember though if that was a SAR or something else.

 

Thanks very much for your help DX, got there in the end

[MountainGoat]

*edit*

 

Never mind. I thought i should ask them for the original CCA first before a SAR but i read on here somewhere that they do not have to comply if the account is satisfied which my Halifax one is.

 

I'll just SAR them i think. I will draw up a letter tonight and hopefully someone can give me advice on how it looks.

 

Thanks

[dx100uk]

there is an standard SAR template

scrollup and hit the library tab at the top.

 

please be clear.........the clock starts from YOUR last use of the A/c

be it to buy anything or to pay the monthly amount.

nothing to do with whatever they may do on the A/C.

 

dx

[MountainGoat]

there is an standard SAR template

scrollup and hit the library tab at the top.

 

please be clear.........the clock starts from YOUR last use of the A/c

be it to buy anything or to pay the monthly amount.

nothing to do with whatever they may do on the A/C.

 

dx

 

Thanks DX

 

The standard SAR template talks about intrest etc but I have already claimed that back, so I guess i will just edit out bits that don't apply so I wont look stupid.

 

I'll let you know how I get on, as If it is when I last used the account it might already be 6 years

[dx100uk]

dunno what you are looking at??????

 

http://www.consumeractiongroup.co.uk/resources/templates-library/48-bank-templates/110--data-protection-act-1998-subject-access-request-

 

is what you want.

 

++ you cant reclaim interest either.....

 

you are confusing me.......

 

dx

[craigers]

the defaults will drop off in 2011, regardless of the current status. the six years runs from termination of the account, so the date of settlement is irrelevant. you can settle the account 20 years after the default and the account should not reappear on your file.

[MountainGoat]

dunno what you are looking at??????

 

http://www.consumeractiongroup.co.uk/resources/templates-library/48-bank-templates/110--data-protection-act-1998-subject-access-request-

 

is what you want.

 

++ you cant reclaim interest either.....

 

you are confusing me.......

 

dx

 

Yeah I was looking at the wrong thing indeed doh!

 

So its 12 days + 2 yeah?

 

Thanks

Edited August 30, 2010 by MountainGoat

[MountainGoat]

the defaults will drop off in 2011, regardless of the current status. the six years runs from termination of the account, so the date of settlement is irrelevant. you can settle the account 20 years after the default and the account should not reappear on your file.

 

I may just leave it alone and not awaken a sleeping giant.

[MountainGoat]

Ok So i just looked through my account details for Style, I had previously did a SAR on them when i was trying to claim back charges without success. The very last activity on the account from me was on the Feb 2006 When I paid around £500. There was then another credit on the account which said write off done in June 2006 which left the account balance at £0.00.

 

So am I right in saying that i should be counting from Feb 2006 based on the fact that was the last activity with the account from myself personally? The write off must have been done by themselves in June 2006.

 

That being the case, and being that i owe them nothing, what would the next step be in trying to remove a default or is it correct to say that it cannot be done when the balance is at 0?

[dx100uk]

reclaim the charges.

 

if the DN balance had charges inc, then the DN must be invalid

 

dx

[MountainGoat]

reclaim the charges.

 

if the DN balance had charges inc, then the DN must be invalid

 

dx

 

Hey DX

 

Yeah the balance had late payment fees and intrest applied to it at silly rates (£16 a month) when i went over the limit throughout the account duration. I did try and claim the fees a long time ago but i got a letter telling me that the OFT limited its investagation to credit cards only. I will scan it and post it up here tomorrow.

 

So this would qualify it as an invalid DN?

[dx100uk]

yes

 

OFT my FOOT!

 

load of old cobbrers and you fell for it!

 

 

dx

[MountainGoat]

yes

 

OFT my FOOT!

 

load of old cobbrers and you fell for it!

 

 

dx

 

Just wasnt sure if they were telling the truth or not.

 

The office of fair trading has restricted its investagation to credit cards and has not consulted with style financial services in relation to other products, including store cards. As the account is a store card the charges are valid and will remain.

 

I realise that my response may not provide you with the outcome you expect, however I trust my explanation clarifies our position.

 

 

Thats what I recieved (2007). So if I am correct, I need to ask them to remove the default based on the fact the late payment fees applied on the account were illegal & I need to ask for a true original copy of the signed agreement?

Edited August 30, 2010 by MountainGoat

[dx100uk]

nope

 

not illegal...unlawful.

 

they were applied as a penalty that was not a true representation of their actual costs.

 

if the DN figure had any kind of unlawful charges inc in it, then that invalidates it.

 

as said before....you cannot get a copy of agreement as the contract is over.

see what the SAR brings they might inc it esp if you asked in the SAR letter.

 

incidently...its 40 calander days for an SAR.

 

dx

[MountainGoat]

nope

 

not illegal...unlawful.

 

they were applied as a penalty that was not a true representation of their actual costs.

 

if the DN figure had any kind of unlawful charges inc in it, then that invalidates it.

 

as said before....you cannot get a copy of agreement as the contract is over.

see what the SAR brings they might inc it esp if you asked in the SAR letter.

 

incidently...its 40 calander days for an SAR.

 

dx

 

Is there any point in doing the SAR if we know that the default is invalid? Perhaps a letter asking the default to be removed because of said charges being unawful would be better?

[dx100uk]

can i just throw another spanner in the works here,.......

 

is there the possibility that you did not make the required payments on the style account for 6mts or so before the defaulted date?

if so, then the marker of 8, can be an automatic one by the cra system so thus style did not send a default notice.

 

any ideas on that? can you remember?

 

 

dx