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    • oh well i wonder what new fake documents they have made up then...for them to try this.... just to check nothing funky like Link have filed an n244 to lift the stay and strike out her defence....she hasnt moved since last court comms has she?   is this an n24? bit unusual for a 13mts stay to just be lifted... has she not received anything from link/kearns in the last fw weeks like a docs bundle? bit like this thread... https://www.consumeractiongroup.co.uk/topic/466576-lc-assetlinkkearns-claim-form-2-mbna-cc/?do=findComment&comment=5256397  
    • if the agreement was taken out jan 23, then she has not reached the 1/3rd mark so the car has not become protected goods under the consumer credit act.  this puts her in a very very vulnerable position regarding ever keeping the car....whereby once they have issued a default notice they can legally send a guy with a flatbed (though they are NOT BAILIFFS and have ZERO legal powers) to collect the car.  if the car is kept on the public highway then they can simply take it away and she will legally owe the whole stated amount on the agreement AND lose the car. if it's on private property i'e like a driveway, ok they shouldn't take it without her agreeing, but if they do, it's not really on but its better than a court case and an inevitable loss with the granting a return of goods order. are these 'health reasons' likely to resolve themselves in the very short term (like a couple of months?) and can she immediately begin working again ? i'e has she got a job or would have to find one?  answer the above and we'll try and help. but she looks to be between rock and a hard place . whatever happens she will still have to pay the loan off...car or no car....unless you can appeal to the finance company's better nature using health reasons to back off for xxx months.
    • no need to use it. it doubles the size of the thread and makes it very diff to find replies on small screens too. just like @username it - sends unnecessary alerts to people. everyone that's posted on your thread already inc you ...gets an automatic email alert when someone else posts.
    • Hello all,   I ordered a laptop online about 16 months ago. The laptop was faulty and I was supposed to send it back within guarantee but didn't for various reasons. I contacted the company a few months later and they said they will still fix it for me free of charge but I'd have to pay to send it to them and they will pay to send it back to me. The parcel arrived there fine. Company had fixed it and they sent it via dpd. I was working in the office so I asked my neighbours who would be in, as there's been a history of parcel thefts on our street. I had 2 neighbours who offered but when I went to update delivery instructions, their door number wasn't on the drop down despite sharing the same post code.  I then selected a neighbour who I thought would likely be in and also selected other in the safe place selection and put the number of the neighbour who I knew would definitely be in and they left my parcel outside and the parcel was stolen. DPD didn't want to deal with me and said I need to speak to the retailer. The retailer said DPD have special instructions from them not to leave a parcel outside unless specified by a customer. The retailer then said they could see my instructions said leave in a safe space but I have no porch. My front door just opens onto the road and the driver made no attempt to conceal it.  Anyway, I would like to know if I have rights here because the delivery wasn't for an item that I just bought. It was initially delivered but stopped working within the warranty period and they agreed to fix it for free.  Appreciate your help 🙏🏼   Thanks!
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RBS - confusing default on my credit file


Sproite
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Hi All,

 

I hope this is in the right place.

 

I'm currently looking to renew my mortgage, and this morning had the advisor come back and say it had been denied for bad credit. I immediately ordered a credit report from Equifax, and discovered a default from RBS from January 2015. I was not expecting this, as I had a 12 month payment plan set up with them, which ended in December 2014, and I foolishly assumed that that was it done and dusted, and asked them to close the account. For reference every payment was made on time, via Direct Debit. Around this time I was moving a lot, so correspondence was tough. I have had no notifications as far as I'm aware, and they have my correct address on file, (or so the credit report says).

 

As soon as I found out, I recalled a strange call two weeks ago from a recovery company, asking for my details with regards to outstanding credit - I contacted them, went through the security process, and I(I think maybe stupidly) paid the £268 balance, to change the credit report to settled, rather than Defaulted.

 

I now need to approach RBS, and try to have this removed from my file, as it seems to me like an admin error on either their or my part, I think strongly them. I haven't received any notification as I say, and the first I knew about this was the odd call asking for personal details two weeks ago, and then viewing my credit report today.

 

I've read around and there appear to be a few ways to approach this, ranging from the 'sympathy approach' - which I can't see working with banks, even though I've paid it off immediately on finding out it existed, through to sending letters asking them for evidence that they gave me 28 days to sort this out before it defaulted.

 

I was hoping someone could give me some advice on the best steps to take to get this removed, it seems such a trifling amount to have a mortgage declined - and it seems like madness that the mortgage lenders view a £268 default, the same as a £26,800 default. It's going to really affect myself and my fiancée, as it could stop us moving house for 4 years!

 

In a bit of a scrape here, and any help would be much appreciated.

 

Best Regards

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Also, is it worth a phone call direct to RBS to see if they will just remove the Default, and whether they agree with me? It seems like a long shot, but I thought it might be worth trying that before going down the rabbit-hole?

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Hi Sproite and welcome to CAG

 

The fact is the default stands irrespective of any agreed payment plan and whether marked settled or satisfied.......Default Markers must remain on your credit files for a period of 6 years (unless placed in error)pursuant to the ICO (Information Commissioners Office) guidelines.You could try the sympathy approach but I doubt it will get you anywhere....even mores so with this creditor.

 

Regards

 

Andy

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Hi Andyorch,

 

I assumed, probably foolishly, that a settled default would be better for the overall score that one outstanding, is that not the case at all?

 

Does this mean that I'm querying the default with RBS, or with the collections company (Robinson Way)? I'll send out the SAR to RBS, but I think it's worth trying a call to customer services, to try to sort this out. Even though in my heart of hearts I know it's probably fruitless.

 

I obviously follow the guidelines for requesting the information, if they don't provide it - when they do what's the game plan then? I believe they will have sent letters to an old address, possibly an old work address which I gave them while moving house. I did then ring and change the address, but I'm almost certain I didn't see a default letter, as I would have obviously paid it straight away. I then heard nothing from January to late September, which also means that the default won't disappear off my credit file for that extra length of time. I had a perfect record of paying off the overdraft until the January, and then suddenly it's in default, without me knowing there was anything left outstanding - does that sort of thing tend to work in my favour?

 

Thanks for the advice all.

 

Rhys

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The DSAR will state if and when a Default Notice or a Notice to recall the O/D was issued......possibly not to which address.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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@ Mike_hawk The stated terms as far as I aware, and remember - were that we split the remaining outstanding balance into 12 parts, and I pay it off over a year. Which the credit report shows I did, and on time. I then have a recollection of ringing RBS and asking to close the account, and that going through. I thought that was that done, and then I see this Default, and have collections ringing me. I feel I should have checked before I paid the £268 - because I honestly think it could be Account charges, or some other trumped up figure from RBS.

 

This is the problem - it was an old student account, I didn't use it for a while, and I just wanted it paid off. I don't bank with RBS anymore, and I stupidly didn't bother to check it was closed - I believed it was something i'd dealt with and forgot about it. I also moved house twice, and moved jobs around that period - so letters about the default may have come, but to what address I don't know. I'm positive I never saw any correspondance from RBS even saying I had an outstanding balance to be cleared.

 

I want to call them, maybe try to get someone high up in customer services, but I worry that I'll say something that might make my request to remove the default invalid, and i'll just be fobbed off - is that what people have experienced?

 

Cheers

Rhys

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Anything from it reduced to writing or was this all agreed over the phone? It probably continued to encumber the account with interest and/or charges during the repayment period.

 

If nothing in writing I'd go with the SAR and hope that whoever you spoke to recorded the terms of the repayment plan and it shows up on any notes. Don't telephone it, if it knows what info you are looking for you can pretty much guarantee it will be redacted from any data request.

 

Oh and, RBS is a shower and I can't imagine you'll ever get this resolved with telephone calls.

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