Littlewoods Debt, No Credit agreement and Default help.

[nelsonsix]

Hi all,

 

I understand there are a lot of posts regarding similar situations to mine but I was hoping for a bit of specific advice.

 

In 2009 I got into a little debt with little woods, fell behind on some payments and when they started to add interest and missed payment fines, I began to question their methods. I read some advice online about requesting the credit agreement, followed through with the letter and low and behold no credit agreement.

 

Shortly after putting the account in dispute, wrote a letter requesting politely that if they were to knock the crazy interest and fines I would be happy to pay the balance off. The letter they sent back was that the account was being put into default.

 

Although I believe they cannot enforce the debt, they can still put a default on my record showing the debt is still owed. Is this right?

 

So my problem is I am soon to be married and the missus want a house. Apart from the default we have very good credit history but cannot attain a mortgage because of it.

 

Can someone please advise on what the best way to go about this is. Will the default be 'removed' from my record after 6 years or because I still owe the money, will they just keep filing for it? I am very confused as to what will happen. Should I pay te debt off under the provisions that they will remove the default?

 

Thank you for all you advice.

 

Neil

[Sidewinder]

Once the default is registered it will remain on your file for 6 years - the lack of a CCA prevents the debt being legally enforced, but CRA entries are not generally deemed to come under the heading of 'enforcement' as that merely relates to their ability to take the matter to court, and the lack of a CCA does not mean that a debt does not actually exist.

 

The only way that the default can be removed is for Littlewoods to do this, but from experience I would say that was unlikely. You can always reclaim the unlawful penalty charges - especially as NDR and Littlewoods (same company) will each have added £12 to result in a £24 penalty for each late or missed payment, and try to negotiate from there over getting the default removed, or you can wait 6 years (from the date the last payment was made) for it to become Statute Barred. A default can only be placed on file once, they can't re-register it.

[nelsonsix]

Thank you for your quick answer. Youve put my mind at ease. I Always had the intention of paying my debt back, but littlewoods inability to agree terms on a settlement figure mean it probably wont be soon.

 

Thanks again,

 

Neil

[dx100uk]

if you can PROVE the markers were solely down THEIR PENALTY charges

and you reclaim them

 

then they must be removed.

 

have you all the statements?

 

 

dx