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    • Hello, been a while since I posted on here, really hoping for the same support an advice I received last time :-) Long, long story for us, but basically through bad choices, bad luck and bad advice ended up in an IVA in 2016. The accounts involved all defaulted, to be expected. In 2018, I got contacted by an 'independent advisor' advising me that I shouldn't be in an IVA, that it wasn't the solution for our circumstances and that they would guide us through the process of leaving the IVA and finding a better solution. I feel very stupid for taking this persons advice, and feel they prey on vulnerable people for their own financial gain (it ended with us paying our IVA monthly contribution to them)-long and short of it our IVA failed in 2018. At the same time the IVA failed we also had our shared ownership property voluntarily repossessed (to say this was an incredibly stressful time would be an understatement!) When we moved to our new (rented) property in August 2018, I was aware that creditors would start contacting us from the IVA failure. I got advice from another help website and started sending off SARs and CCAs request letters. I was advised not to bury my head and update our address etc and tackle each company as they came along. Initially there was quite a lot of correspondence, and I still get a daily missed call from PRA group (and the occasional letter from them), but not much else. However, yesterday i had a letter through from Lowell (and one from Capital One) advising that they had bought my debt and would like to speak with me regarding the account. There will be several.of these through our door i suspect, as we did have several accounts with Capital One. Capital One have written to us with regular statements over the last 5 years, and my last communication with them was to advise of of our new address (June 2019), I also note that all of these accounts received a small payment in Jan2019 (i'm assuming the funds from the failed IVA pot). Really sorry for the long long post, but just thought id give (some of) the background for context.... I guess my question at the moment is.....how do I respond to Lowell...do I wait for the inevitable other letters to arrive then deal with them all together or individually...? Do I send them a CCA?  Many thanks
    • hi all just got the reminder letter, I have attached it and also the 2nd side of the original 1st pcn (i just saw the edit above) Look forward to your advice Thanks   PCN final reminder.pdf pcn original side 2.pdf
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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First Steps Dealing with Defaults


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I've browsed this forum LOADS in the past but never taken the time to join until now :)

 

I've managed to get all my finances improved and slowly rebuilding my credit, my credit card limit has gone from £200 to £1200 in less than 7 months and I'm doing well to manage it however today I went looking at my Credit Report and there are a few things I would like to try and remove.

 

While I had issues with debt I have paid everything off and the accounts are marked as Default / Satisfied I have 6 in total all under £200 and range from 2008-2010 and 1 for 2011 id like to try and get these removed if possible?

 

I understand the steps however I would like to send a "nice" letter first to see if that gets me anywhere but I'm unsure how to word it or what to put in? I can't really see a default template that I could use does anyone have any advice?

 

Most are with Lowell and one with British Gas, the reason for this is that I would like to buy another home in 12months time so would like to get my report as "clean" as I possibly can.

 

Thanks in advance

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Hi welcome To CAG,

 

There is no template or standard argument for approaching a creditor/dca for removal of a default!

 

I default is removed after 6 years paid or not.

 

Do you have any specific valid reasons for getting the defaults removed, unfairly placed on file a long time after

the 6 months suggested time scale?

Credit files must show an accurate and up to date picture of all the accounts which it seems is happening in your

cas.

 

Wanting to get credit/mortgage will not be seen as a valid reason for removal and you should be aware creditor

and in particular mortgage lenders are now looking to 5-6 years good/excellent credit history rather that the usual

3 years.

 

The polite request is your only choice I think as there is no compelling reason to challenge the entries.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Well certainly in terms of the British Gas one I was not aware of any default being placed on my file and in some cases the Lowel ones, once I get a letter through I paid it in full. I only took a bad turn when I lost my job.

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so lowlife OWN these debt or they just collected?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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By stating that when you ''did get a letter through'' you paid the amount off do you mean that when you received the default notice you remedied the default within the timescale laid down.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Yeah I got a letter saying the debt was with them or they where now taking over it. So I rang and paid, didn't really get past a threating stage really or bogus "im going to come to the house and take all your stuff". I did get one before about paying OR they would take further action such as court etc which MAY effect my credit rating and so on.

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All references to a defaulted debt must be removed from your credit files after 6 years has passed from date of default,

whether paid off or not.

This is so that someone who continues paying something even after 6 years from default should not be at a disadvantage

to someone who pays nothing after default and ends up with a clean file after 6 years.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 3 weeks later...

A default is removed on the 6th anniversary of the default, usually within a few days.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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