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pussycat10

Cleaning up my credit rating. DCA searches and Defaults

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Not sure if this is the right forum but here goes.

I did a search on equifax to try and tidy up my credit rating. I did have a few problems some years ago but am on the straght and narrow now so was curious as to why I had been turned down for credit. The file is showing some old debts which are quite possibly getting close or already are statute barred. I had kind of assumed they had been written off however I did start getting the dreaded dca letters some months ago and it looks like a dca has been doing searches on me. One of them has searched twice in 5 weeks and one I have no idea who they are. I'm more interested in cleaning up my credit rating than anything else so would welcome so advice as to the best route. One of the debts was a store card that goes back to 1993 so had thought about the CCA route or is this more hassle than its worth. If the DCA couldn`t provide the agreement would they then have to remove data from my credit file ? Now this same debt is listed twice, once with the origional Creditor showing default and again with the dca who has used the same data including the same default date. I'm concerned that it might seem that its 2 debts rather than 1.

 

I also have some smaller accounts with defaults for smaller amounts that Im not being chased for. Is it worth making contact and paying these off in full or making full and final offers etc ? I'm aware that it will still show defaults but will also show settled. Will this make much difference to my credit score ? The danger is once I make contact and pay the smaller ones its likely to start off some of the larger ones that I'm assuming have been written off.

 

I also have one account with a bank that I succesfully reclaimed my bank charges back. The file is showing the account to have been settled however it is showing 3 4 5 months late for quite a bit. This was the result of their unlawful fees so wondering if anyone has ever had any success with getting it removed or even some compensation. I'm not over worried about getting it removed now as it is coming up to 6 years old and shoudl drop off in a few months.

 

Sorry this is so long winded and all over the place...

Now the next one is for another card that was passed to a DCA. Now I did start the process of reclaiming fees from this card but they did the usual dispute letters back so i didn`t chase it as it had the desired effect of them stop chasing me. Now I'd like advice here, do I go back to my dispute claiming that we never resolved that dispute with the fees ?

 

All in all the file is showing around £3500 of defaulted accounts where as its actualy about £2500 as one of the debts is shown twice. For the sake of this amount I'm quite keen to clean up my credit rating and wondered the best route. Will paying these off actualy make a big difference eeven if it still shows I did default ?

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first of all, the store card that appears twice- this is illegal. it originates from 1993? if so, when was the account terminated and last payment made?

 

second, the small accounts are probably worth offering a full and final for ease. a settled account is still a defaulted account and looks as bad as an unsettled default, so make sure its on the condition the account is fully removed from your crf. but play dumb about the debt and explain the default is restricting your access to credit, hence you are prepared to full and final without admitting liability.

 

what dates are the defaults?

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Now thats interesting as its the DCA who has the store card and the sold debt on my CRF that is also putting searches on. Its from 1993 however its showing the deafult in 2006. Most of the other defaults are 2006 as well. I did have a debt managment plan in place until 2005 but came into some money and settled the bulk of them at that time with full and final offers. The ones that were left would not accept a full and final so carried on paying a bit off each month. I can`t be certain when the last payments were on some but would assume mid 2006.

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i have a dca searched table one four times since july, have written to them and also equifax is looking into it

 

machall removed the table 1 searches without any problems after i wrote to them.

 

i have also asked equifax to look into dca's showing as credit cards on the file.

 

I hope you get yours sorted

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Have one on there from Mack hall but never had any letters !

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i emailed elizabeth roberts compliance department, at info@mackenziehall.co.uk she wrote back appologised and got the searches removed

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subing

Edited by rnp1966

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I have a couple of defaults showing on my credit file, one for an account I know nothing about. I have asked the DCA to provide copies of statements agreements and the default itself. The dca has been unable to provide a copy of the default sent to me and have just sent a template default claiming that is sufficient altho it doesn`t even show my name or amount etc. They have also been unable to provide an agreement for an alleged mobile phone debt and are claiming they don`t have to. I am concened that I never recieved these deafaults and more importantly they are unable to provide a copy of them, even after a month. Does any one have any advice on this , my gut instinct is the defaults don`t exist but how do I prove that.

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I have a couple of defaults showing on my credit file, one for an account I know nothing about. I have asked the DCA to provide copies of statements agreements and the default itself. The dca has been unable to provide a copy of the default sent to me and have just sent a template default claiming that is sufficient altho it doesn`t even show my name or amount etc. They have also been unable to provide an agreement for an alleged mobile phone debt and are claiming they don`t have to. I am concened that I never recieved these deafaults and more importantly they are unable to provide a copy of them, even after a month. Does any one have any advice on this , my gut instinct is the defaults don`t exist but how do I prove that.

 

I'm not sure how much information you have.

 

Did the DCA contact you before you found out about the default?

 

The default should have been added by the original creditor. There should be some details about the original creditor & account no in either the default on the credit file or from the DCA.

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Look at the definition of 'default'. It means that an agreed payment plan, or other amount has not been paid under the agreed terms. This is different from a CCA default which requires a set process of demands and notifications. The DCA will be acting on behalf of the aleged Creditor, so it is to the creditor you seek out to confirm or abandon the pursuit.

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So with a mobile account the company seems to be able to issue defults at a whim without the same process applied as a CCA ? Seems a bit harsh. Surely the DCA should be able to provide a copy of an agreement and some paperwork for this ? I have no knowledge whatsoever of the mobile account.

 

With the other default, its a credit card, again should they not provide a copy of any papers in relation to the default if requested to do so ? They have bought the debt from the CC company and have been happy in providing other info

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It is only 'harsh' if you believe a default has the same status as a CCA default, or a CCJ (often called a Default). The terms is so loose it rattles in the breeze, but it suits the debt collection industry as it provides the necessary pressure to make a defaulter pay up.

 

For a mobile debt, and delayed payments will also so up long before it is defaulted. In this case it means that the network has terminated the consumers connection due to non payment. The bills they send showing the amount due (or their online equivalent) are deemed adequate for this purpose. Even when the debt is paid off, the historical default still remains on your file for 6 years.

 

For a CC default, this requires a formal Notice Of Default, which is required to be sent to the borrower, giving instruction on how to remedy the default and to 'seek advice' if they cannot. This too is assed to your credit file, but is said to be a material fact regarding your handling of the account. Again, if paid off or rectified it still leaves a marker as to the operation of the account.

 

The Daddy of them all, the CCJ, issued lawfully by the Court used to be the only thing consumers needed to worry about, as this pre dated the Credit File industry created by the CRA's. It is these companies that have worked tirelessly to pump up the value of their data mining exploits, and to treat piddling mobile account transaction transgressions as if they were capital offences (or the same as a CCJ, which they are not). The trouble is, the consumer has signed an undertaking agreeing for this data to be shared, so the resulting problems are note the sole issue of the firm or finance house, the consumer expressly agreed to them. This makes a challenge as to the interpretation of a credit file difficult, as the CRAs constantly state any product or service declined is at the sole discretion of the firm reviewing the data.

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So with a mobile account the company seems to be able to issue defults at a whim without the same process applied as a CCA ? Seems a bit harsh. Surely the DCA should be able to provide a copy of an agreement and some paperwork for this ? I have no knowledge whatsoever of the mobile account.

 

With the other default, its a credit card, again should they not provide a copy of any papers in relation to the default if requested to do so ? They have bought the debt from the CC company and have been happy in providing other info

 

Hi pussycat10,

 

In the event that the airtime account queried here have been with us and there's any outstanding dispute which you'd like investigating you're welcome to email the details of the account in question across to me by following the instructions in our pinned thread here http://www.consumeractiongroup.co.uk/forum/showthread.php?213340-Vodafone-Webteam-for-Customers-With-Problems

 

Once the email has been sent you'll receive an automated reply with a reference number. To enable me to make sure it reaches us could you update the thread with this and I'll get back to you as soon as I can?

 

Thanks,

 

Lee

 

Web Relations Team

 

Vodafone UK

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Again the terminology leads me to the conclusion you don;t get the drift. A mobile network does not 'Issue a default'. There is nothing to 'issue' - it is a statement of fact. If the account is not in default, or the reason it was notified as in default was due to an error, or primarily caused bt the creditor, then it is an incorrect fact and requires correctioon. It is simply a method of confirming the account was not handled in the way the creditor preferred, nothing more.

 

It has no legal significance whatsoever.

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I have a few defaults on my CRF, at least 2 of these have been caused as a result of unlawful charges. One is with a bank who applied over £450 of charges in 3 months. I had no way of paying the charges so the account went overdrawn and then default. I opened a new account but with the bank charges on hold I didn`t take it further at the time. I now have grounds for a hardship claim so am preparing a claim however I am keen to get the default removed as well.

 

I also have another default from a Credit Card company who defaulted the account as soon as I had complained about their charges. I am trying to get them back however the balance on the account is about £150 less than the charges ( before interest) I am trying to reclaim. Is it going to be possible to get this default removed as a result of the charges.

 

I have one last default which is similar to the above, however they stopped sending me statements about 9 months before the default. I had asked for statements however they never sent any. I have now found out that the default notice did not have my correct address on and was never recioeved. Any ideas with this one.

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I have CCA'd a DCA who was showing a default on my credit file. They have come back saying they have not got a CCA and have said they will not be chasing the debt anymore, however they have refused to remove the data on the Credit Reference agencies files. Is there anything that can be done ?

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Formal complaint to the ICO.

http://www.ico.gov.uk/complaints.aspx


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Will be doing that as a matter of course however I am aware there is a 3 to 4 month backlog of complaints.

Are there any other options to expediate the situation ?

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You can put a notice of correction on your CRF, and further demand to the CRA that they remove the incorrect data from your file.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Yes, thats a good point.

Just to clarify, am I 100% in the right that if there is no CCA then they have no right to register a default. ? They claim that the default was registered by the origional company and as such they can`t remove it. They have said they bought the debt and it is their obligation to report on defaulted accounts accuratly and can not remove it although. They say the default is a seperate issue to the lack of CCA.

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http://www.consumeractiongroup.co.uk/forum/showthread.php?254802-No-CCA-Processing-your-data-Get-them-a-huge-fine

 

Is it their name against the default? If it is then they can remove it, they are talking out of their elbow.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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An interesting link. Yes its in their name. I am minded to seek compensation from them over this, they have also been doing credit search's on a regular basis.

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Well you should start off by gripping the CRA's first and demanding why they feel it necessary to allow such action regarding your data, bet they don't tell you it's because they get paid by the DCA's doing the searches!!


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Ok, will write to them with the DCA's response.

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I have CCA'd a DCA for 2 alleged debts, which I knew nothing of one and the second was settled in a F & F some time ago, one of them has come back with no CCA available so they won`t be chasing the debt and the other has been ignored. I enclosed two seperate postal orders to avoid complication. Are they obliged to return my fee if they fail to comply with the request ? I can understand them possibly keeping the fee if there is no CCA but not if they ignore it !

Any thoughts ?

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