Stopping Payments to Stepchange and going it "alone"

[blondiegirl]

Hi, the 3 Halifax defaults will drop off in about 18 months - yaay!

 

But surely the fact that we're on a plan, in arrears (as is the case with MBNA) etc etc will still show won't it and affect us??

 

Won't the debts show for 6 years after they're paid off?

 

It just shows black, black, black 'payment plan' boxes going back month after month.

 

I wonder why the debts were sold then.

 

What makes you think that something is up with them?

 

I just assumed that the CCC couldn't be bothered and sold them.

[dx100uk]

the ico control your data and how it is used they say:

 

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.

 

 

now

 

this AR or PP thats unfair.

 

are there default dates on the debts showing AP/PP

 

and i'd getanother CRA file too

 

noddle is free

 

dx

[blondiegirl]

Wow! Really??

 

So the 3 debts from the Halifax should disappear as it were, even though I'll still be paying it back??

 

The 3 Halifax defaulted dates are on there.

 

None of the other CC debts are showing as defaulted, but sold on to DCAs and I think they're all showing as on payment plans.

 

I tried noodle but it said it couldn't verify me

- no idea why that would be!

 

I tried one that shows Callcredit and Experian together.

 

All the other CC debts seemed right, and are showing as sold on ie, not in the name of the original CCC.

 

I bet you're sick of my questions now!!

[dx100uk]

you really think after almost 38'000 pesonally written non templated posts i get fed up..........

 

no i just HATE IT when creditors and DCA's and even some agencies that are SUPPOSED to help debtors

 

all shakehands in getting money they should not p'haps be getting in such a volume and fleece debtors

in one way or another.

 

think of it this way ... if you weren't paying £200, but say

 

now these AP markers, WHO put them on

the OC before it was sold on or the DCA since?

 

you need to COMPLAIN that they are not fair

as AP/PP NEVER goes away

 

the debt SHOULD have been defaulted from day ONE not marked with AP/PP.

 

dx

[blondiegirl]

So, I'll start with the CCA/SAR & post separately under each & see if I can claim back any fees.

 

Then, how do I go about getting these AP/PP removed? Are there template letters for these? I didn't ever get default notices, which I guess is why they're not showing as defaulted!!

 

I am pretty sure that when I checked my CRA file a while ago, these arrangement plans were showing then. But how can I find that out? Through an SAR???

[dx100uk]

yes by SAR to the OC's

 

i would suspect THEY put the AP markers on.

 

theey are your complaint target .

 

there has been good success with getting them removed

 

the brig is great at writing letters to sort it.

 

 

dx

[blondiegirl]

Great! Thanks. So there's a little hope :0)

 

OK, having checked my file this morning on checkmyfile.com, I can see:

 

* HALIFAX NO. 1- years of default, date of DF June 2008 - so will this whole account disappear from the CRA after 6 years even though I'll continue to pay?

 

* HALIFAX NO. 2 DF report until June 2014

 

* Idem No. 1 (was MBNA) as months of DM (DM from Oct 2011 when I guess the debt was sold) or prior to that AR - says to report until 6 years after a/c closed - well that's gonna be when I retire!!!

 

* Idem No. 2 (was MBNA) says months of DM (DM from Oct 2011 when I guess the debt was sold) or prior to that AR - says to report until 6 years after a/c closed

 

* Barclaycard - AR - again says report for 6 years until after a/c closed!! They agreed to reduce my payments and put me on a plan because of difficulty to pay

 

* Cabot Finance - I think they must have bought from Halifax - this one says DF until May 2014

 

So the 3 default ones should drop off and not show, and I need to tackle the other 3 who report AR/DM - and write to complain!

 

I think this is what I should do??

[dx100uk]

yep

 

i'll get brig to pop in

 

dx

[BRIGADIER2JCS]

Just taking a read through the whole thread, will be back.

[BRIGADIER2JCS]

The ICO has agreed that AP markers to put a debtor at a disadvantage compared to a debtor who has a defaulted account and has made no effort to pay at any time.

 

So yes these can be challenged.

 

 

If you want a letter drafted please let me know.

[blondiegirl]

Thanks so much!!

[blondiegirl]

Thanks so much!!

 

Will do this evening, the Lady Brig has instructed me we are going shopping:-(

 

Thank you :0) I have 3 entries on the CRA file which are continuous AR/DM so any attempt to change this would be fab otherwise they'll be showing for years! Not sure what to do with the amount we owe - separate issue - but anything that can improve our credit record would be amazing!!

[BRIGADIER2JCS]

Ok this can be used for all AP marked accounts or DMP accounts, send by recorded delivery addressed to the Data Controller, you will need to send screen prints of the individual entries.

 

 

Ref: as on any of the DCA/Creditor letters.

 

Unfair Credit Reference Agency Reports/ FORMAL COMPLAINT.

Dear sir,

 

I am concerned that the manner in which (company name) is reporting the account (s) shown in the screen prints attached herewith, the Information Commissioners Office has said that to continue to report ''arrangements to pay'' (AP) after the date when a defaulted account would have been removed from credit files is unfair in that is disadvantages a debtor who has made an effort to repay a debt as compared to a debtor with a defaulted account who has not made any attempt to repay their debt.

 

This situation also applies to debtors who have entered into ''debt management plans'' who are similarly disadvantaged, in my case I would seek to have these entries removed from all credit reference files on the grounds that they are manifestly unfair and place me at considerable disadvantage compared to debtors who do not pay their debts.

 

Please give all due consideration to this matter, as I am fully prepared to refer the matter to the ICO and FOS if necessary.

 

Ok, recorded delivery, just amend to suit each case.

[citizenB]

Have you made a start on reclaiming charges that might have been applied to the account in the early stages of your financial predicament ?

 

If you dont have statements, then you would need to send Subject Access Request to Original creditors - this will cost you £10.00. If you have more than one account with one creditor then the £10 statutory fee covers all those accounts. The companies have 40 calendar days to comply.

 

There is a draft letter in the CAG library that you could use.

 

Once you have the information back, you would then complete a spread sheet - which we can provide - at the very least the charges refund would reduce any outstanding balances.

 

Oops.. see you have already been advised to do this

 

I see you have 2 Halifax accounts - what type of accounts are they ? If they were the preference accounts you should look at these very closely, because in a lot of instances, whether requested or not.. PPI was added

[blondiegirl]

Hi,

firstly, to BRIGADIER2JCS,

thanks SO much for the letter.

I take it I send a copy to all the credit reference agencies, Equifax, Experian and Callcredit for each of the 3 accounts that are reported in this way?

Or is it a data controller at the credit card companies??

I will get that done as soon as I can. Big thanks!

 

Also, it's not quite 6 years since the default would have been applied so can I still complain when it's showing as DMP or AR?

 

Secondly, citizenBthanks for your post.

 

I do know know, about re-claiming the charges.

I do remember there were many!

Usually that took me over my credit card limit, whe 2 Halifax a/c's were credit cards. There weren't any PPIs on there.

 

Also, please can someone clarify the defaults being removed after 6 years.

Will the Halifax defaulted account that I will still owe on and pay on, completely disappear, or just the DF entry??

 

Thanks both for your help. Really appreciate it :0)

[BRIGADIER2JCS]

To the companies who's name is on the entries and the CRAs. all to the data controllers. yes complain just leave til after the hols it wont get any attention otherwise.

[blondiegirl]

So basically to Uncle Tom Cobbly and all!!! I doubt it will be done until next year!

Also, do you know what happens to the DF accounts at 6 years? Does the whole a/c get removed from the CRA??

[BRIGADIER2JCS]

Yes all defaulted accounts are removed after 6 years paid or not,

[blondiegirl]

So for once I am mad that the other 3 didn't DF me!!!!! Wish they had. Can they do it after the event??

[BRIGADIER2JCS]

So for once I am mad that the other 3 didn't DF me!!!!! Wish they had. Can they do it after the event??

##

 

There may be a case for challenging the fact that these debt were not defaulted earlier, no a default now again would be unfair.

[blondiegirl]

Hello :0)

Has anyone had any luck getting monthly reports of 'Debt Management Plan' or 'Arrangement to Pay'

removed from their credit file with Experian/Equifax etc?

 

 

Having paid off a lot of debt over the past 6 years,

I was so pleased to see that defaulted accounts are no longer showing on our credit files - great!

 

 

I thought all the 'bad stuff' would have gone. But alas, no.

 

 

Debt agencies are still reporting.

How do I get these 'arrangements to pay' removed?

 

 

I assumed/hoped they would 'drop off' along with the defaults.

If they're to be reported on for 6 years after the account is closed,

we are going to have this hanging over our heads for many, many years.

I didn't think it was 'lawful' to report on arrangements to pay plans

because it penalises those who are actually paying their debts off.

HELP!! and thanks :0)

[Guest]

hey blondie

 

this is the ICO view (brief) principles on cra reporting.

http://www.scoronline.co.uk/files/scor/high_level_prinicples_document_final.pdf

seems that if there is still a dmp/payment arrangement in place then they can report as such? but, check the ico site for further info re cra reporting. or cld double check with the ico directly. if do this, post back what they say.

[blondiegirl]

Thanks for your reply - I will have a read.

 

 

If they can carry on reporting, it seems grossly unfair if others have defaulted which subsequently no longer get reported on

 

 

I am sure that I once read that it was unfair against those paying their debts off,

and those who for example, went bankrupt or had an IVA.

 

 

This could have a serious knock-on effect on those trying to re-build their credit score and lives!!

[Guest]

the ICO has a helpline if you want to try them, see what they say?

[blondiegirl]

Yes, I shall call them

I don't understand why the accounts weren't defaulted 6 years ago along with the rest. I had been holding out hope for a while then