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Default Removal - Can I do it?


Moustacheman
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Hello all. I am after a bit of advice & Help as I want to get the defaults that are on my credit record removed but I am not sure if I can or how to go about it.

 

The situation is this:

 

12 months ago I entered into a Debt Management plan and I informed all of my creditors that I was in financial diffiulty and that I was unable to afford to keep up the repayments on my Loan/Credit Cards/Overdraft.

 

So what I did was I tried to re-negotiate a reduced payment plan with my Creditors. Some of them were really good (Capital One, MBNA, RBS) and agreed to freeze the interest and accept my reduced payments. There were others however who were not so good (Natwest, Barclaycard) and refused to accept the reduced payments and therefore defaulted my account.

 

The debts then were passed on their debt collection agencies (Natwest & Barclaycard both have their own inhouse debt collection agencies). I was then able to agree reduced payments with these "debt collection" agencies.

 

I am still paying a monthly amount to all of my creditors and none of the debts have been settled/cleared.

 

My debts with the companies who defauletd me are as follows:

 

Natwest Bank

 

£979.00 in arrears

I am in the latter stages of a bank charges claim with Natwest Bank and am claiming back a total of £3,000.00. (When I get my money back I will be clearing the debt)

 

Natwest Credit Card

£7,140.00 in areears

I am going to start a claim for my charges back on this one and I expect the amount to be around the £200 mark

 

Barclaycard

£3,100.00 in arrears

I am going to start a claim for my charges back on this one and I expect the amount to be around £600 mark.

 

Can anyone tell me if I can apply to get a default removed on any of these accounts and if so, how do I go about it? Any letter templates that I could send would be extremely helpful.

 

Thanks in advance.

 

Moustacheman

15th June 2006 - Requested Statements from NatWest

30th June 2006 - Received Statements

15th July 2006 - Preliminary approach sent for £2,156 in charges & £351.78 in interest on those charges

22nd July 2006 - Received standard response from Stuart Higley - Saying get lost

29th July 2006 - Letter Before action sent

8th Aug 2006 - Standard response saying Get lost

7th Sep 2006 - N1 Form Submitted

25th Sep 2006 - Claim Acknowledged by Cobbetts

11th Oct 2006 - Defence Entered by Cobbetts

11th Oct 2006 - CPR 18 Request from Cobbetts, letter sent to Cobbetts

3rd Nov 2006 - Deadline for Allocation Questionnaire

3rd Nov 2006 - Allocation Questionaire Submitted

5th Nov 2006 - Received Copy of Cobbets AQ

7th November 2006 - FULL AND FINAL SETTLEMENT RECEIVED!! CHEQUE FOR £3239.92!!!!

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you can only get defaults removed if they were directly as a result of unlawful charges.

JKop Vs Barclays SETTLED

JKop Vs Cahoot SETTLED

Jkop V Capital One SETTLED

Jkop V Marbles SETTLED

Jkop V MBNA £422 MCOL

Jkop V Egg SETTLED

Jkop V Cahoot Credit Card SETTLED

Jkop V HSCB £1500 W.I.P!

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  • 1 month later...
you can only get defaults removed if they were directly as a result of unlawful charges.

 

NOT strictly true, if they failed to issue you with a default notice at the time, detailing how much you are in default for and how you may remedy the situation then they have to remove the default from your credit file as they have not followed procedures in s77(1) and s78(1) of the consumer credit act

 

This is by no means an easy task - I should know, I have been trying to get Egg to remove my default in this way (but Egg are known for being particularly nasty on this forum)

omnia praesumuntur legitime facta donec probetur in contrarium

 

 

Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

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