3 Defaults with no CCA, Court action???

[Guest Alison82]

Hi

 

I have now begun yet again to rectify my credit report. I have checked with Equifax and compared it to an old Experian report and I can see some accounts have dropped off but there are some defaults that I want to sort out.

 

NatWest now with a DCA

On Equifax it says it was defaulted in 11/2006 and Experian 01/2007 so I’m not sure which one is correct. Either way they are due to fall off in the next 6 months. I did set up a payment of £1 a week/month back in 2010 but it doesn’t show anything on Equifax, it was last updated in January of this year with no payment history from 2006 – 2012. Either way I guess the default will fall off soon?

 

Halifax loan

Which has 3 years left until it expires, I will offer 50% of the defaulted amount when I can afford to do so and settle the account. How do I go about doing this?

 

Barclays and Barclaycard

I have a copy of the so called CCA but it is just a very basic application form, I will see if I can make a very reduced payment based on this fact. I will send another CCA request. I would also like to know if it is possible to get the default removed if there is no agreement; do I contact the company or the CRA? Is there any legal route with regards to this??

 

Note: I just found this thread http://www.consumeractiongroup.co.uk/forum/showthread.php?158822

 

 

I would appreciate any advice given, thanks.

[Guest Alison82]

I just remembered that with my NatWest account at the tme of opening I specifically asked for no overdrafts as I already had one with barclays and I was a student but they added a £1250 o/d anyway. When I called them about this I was discouraged from cancelling it and was told that I might need it in the future and may not get one later.

[Bazooka Boo]

What is the cr@pwest debt? Loan credit card overdraft??

And who is the tame DCA they have employed?

 

Shallowfax and the loan how old is this, when did you take it out?

 

Sharklaycard, again when was this taken out and how?

[Guest Alison82]

LOL

 

The DCA that the NatWest overdraft debt was sold to was Capquest.

 

The Halifax loan was taken out in 2002 and defaulted in March 2009

 

After looking at the application form for my Barlays account with overdraft I can see there is a small section with 1 tick box to apply for a Barclaycard. No proper information is given for the credit card and it is covered up with a barcode, I'll see if I can post it here.

 

The Barclaycard was opendend on 2000 and defaulted in 2010 followed by the bank account a few months later (all around the time when I was made redundant)

[Bazooka Boo]

Have you still got the cards?

 

The OD with cr@pwest, how much of the total is charges/fees? All of these can be reclaimed, so if you don't have sight of these charges/fees you will need to send them a SAR costing £10, they have 40 days in which to furnish you with the documents.

 

The shallowfax loan, you should send them a CCA request for the original agreement (£1), and again any charges or fees they might have added can be reclaimed.

 

Is there any PPI on any of these accounts? The Argos one looks like the box has been ticked??

 

The sharklaycard, how did you take this out?

Is the scan an actual copy that you have posted up? It's illegible if so.

[Guest Alison82]

I have already reclaimed all charges and PPI a few years back. The scan is the only CCA from barclaycard. I will send them all a CCA request, what do I do after that, my mission is to get these 3 defaults off completly and the one from halifax as settled (they have given me a valid CCA in the past)

[Bazooka Boo]

If you have already requested a CCA then there is no need to keep requesting them.

 

A default will remain on your credit file for six years, regardless whether it is satisfied or not.

[Guest Alison82]

I know that, I'm asking about in relation to the new legislation

[Bazooka Boo]

I know that, I'm asking about in relation to the new legislation

 

Which one? Sorry?

[Guest Alison82]

I also want to see if I can get back the interest back on all purchases as their

were no t&c's supplied.

[Guest Alison82]

The Civil Procedure Rule 7.9 (as supplemented) - CONSUMER CREDIT ACT 2006 – UNFAIR RELATIONSHIPS

[BRIGADIER2JCS]

Can't see that will help in getting interest on useage, the credit facility was granted and used,

you may be able to reclaim penalty charges.

[42man]

Have you read this ? - http://www.bailii.org/ew/cases/EWHC/Comm/2009/2386.html

[Guest Alison82]

Thanks for that information I must read it agin in depth but from what I understand the creditor did not have an agreement but later found the agreement the crditior aslo didn't inform the debtor of his statement of account and this case failed. My issue is that there is no CCA (it is not properly prescribed as it is mearly and application form).

[BRIGADIER2JCS]

It should be noted that many CC ''application forms'' serve a dual purpose as agreements,so one should be careful of this.

[Guest Alison82]

It should be noted that many CC ''application forms'' serve a dual purpose as agreements,so one should be careful of this.

 

Really I have heard that before, I thought if it wasn't as per section 77 then it wasn't a properly prescribed cca, can you clarify?

[maroondevo52]

Hi Alison82.

 

I have unapproved the post showing your 'link's, please re-post when you have them sorted.

 

Regards.

 

Scott.

[Guest Alison82]

^^ Many thanks.

 

I have one more question, can a company issue a default notice is the Cca is unenforceable??

[Old Cogger]

they will/can