Jump to content


  • Tweets

  • Posts

    • They refer to the ID in their statement (Para 19)....   Para 6 is all one statement....broken into extension paragraphs   Paragraph 5 is the killer...I have never tried it in mobile contracts before..lets see what the court thinks.
    • Thanks very much Andy for putting your time in it's really appreciated.   I've removed the bit about ID because I couldn't find where I read it, maybe I imagined it. I do quite like the bit about CPR 3.4 (2 a/c) - practice direction.   Out of curiosity more than anything, paragraph 6 has 2 more paragraphs underneath it. Is it fine to have these like this in a witness statement, they don't need to be 7 and 8?   Now let's send this and see what happens next.. 🍿
    • Well you are in a position where if you issue the claim now and they fold, then you could lose your claim fee and also be left with the vehicle. If you return the vehicle to them for repair then there is a risk that if they folded you might have difficulty getting the vehicle back – but because it is in your name, I expect you eventually would. If you decide to issue the claim then frankly I think I would issue this evening. You have pretty well done the 14 days and in view of their letter suggesting that they might fold, I think you would be justified in acting quickly. I suppose that is possible that they will defend – if for no other reason to cause a delay before any judgement is given. If they did defend then eventually you would receive a directions questionnaire which would ask you various questions as to the management of the case and also if you had any orders to suggest. I don't know if you would succeed but I would propose to the judge that the court orders that the defendants may only continue to defend if they pay the sum claimed into court by way of a security. You would justify this by providing a copy of the letter which showed that they were thinking of dissolving the company. If you were able to get this order then if they did not pay the money in, then you could apply for an immediate judgement and then have it enforced by the High Court enforcement officers. However this is quite a way down the line. I would also follow the company https://beta.companieshouse.gov.uk/company/06840157 so that you would get early notice of any proposals to dissolve it and you might then be in a position to object. Once the claim was issued, I suppose that you could contact them and discuss the possibility of further repairs. I have to say that you say that you don't believe them, but on the other hand it would be very unusual for them to admit to their customers that they were thinking of ceasing to trade. That certainly sounds to me as if they are trying to be straight dealing with things. I think it's up to you whether or not you want to risk the claim fee – but I also think that you need to make a very quick decision on this and if you decide to go ahead, then you issue the claim this evening.
    • so just ignore the overdraft debts ?  
    • Thanks guys for your input,    Yes Andy, same court, my friends wife only checked her credit file when her friend got refused credit and checked hers. I will have a good read of your comments Andy, and update you on how I am going to advise her to proceed. Thanks Again
  • Our picks

tom100

Clarity and advice needed re: unpaid defaults

style="text-align:center;"> Please note that this topic has not had any new posts for the last 393 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

I have two unpaid defaults from August 2012 and would like some clarity and advice about what to do.

 

I know defaults drop off the credit file after 6 years but what actually happens to my file if the accounts remain unpaid?

I know its not the same as being statue barred and i believe i have made a payment to both in the last 3 years or so

 

One of the defaults i am not actively being chased for it and havent been for years

The other one I am being chased for but the dca has agreed to give me 30 days to sort myself out (find emoloyment) and has froze the account during this time

 

What I want to avoid is the situation of the defaults dropping off the file, but then they issue a CCJ.

And what if I agreed to a payment plan which at the moment would take a very long time to pay off?

Eventually the account(s) would be closed but wouldnt dissapear from my file until 6 years after the last payment i made?

 

So is it either not do anything,

let the defaults drop off and risk a CCJ?

Or come to a payment plan and have it cause problems for another 7-8 years?

(1-2 to pay them off, and 6 for it to go from my file?)

Share this post


Link to post
Share on other sites

The Information Commisioners Office says:

.

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, paying now or not.

.

{the WHOLE ACCOUNT WILL VANISH, never to return}.

.

{however, this does not mean the debt itself is not still owed

consider a CCA request.}

.

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.

.

NOTE: {the bracketed text is not Information Commisioners Office guideline but my advise]

 

start a new thread on each debt in the named forum of the original creditor of the top main forum tab.

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

Share this post


Link to post
Share on other sites

Thanks for your post. You say brackets are your advise and not official ICO guidelines but in regards to the {the WHOLE ACCOUNT WILL VANISH, never to return} this is the major thing i am concerned with

 

So in August 2018, the defaulted account on my file will dissapear/drop off/not be visible/etc etc yes?

however the debt wont be statute barred and i'm not disputing the debt nor have any intention of doing so. So in theory they COULD get a CCJ against me right because the debt will still exist even if its not on my credit file?

 

if so then it becomes a diplomatic conversation between me and the dca to either agree a suitable payment plan or a settlement offer? (so i can avoid a ccj)

 

so if i did either of those things then this wouldnt be reported on my file at all?

 

sorry but i am easily confused and not sure making a new topic will be a good idea, just wanted some general advice. cheers

Share this post


Link to post
Share on other sites

Diplomatic and DCA in the same sentence...must go for a lie down in a dark room now:-)


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 OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

what are the debts and their type of credit

have you sent them a CCA request?


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

Share this post


Link to post
Share on other sites
Diplomatic and DCA in the same sentence...must go for a lie down in a dark room now:-)

 

Hahaa just simply trying to ascertain the procedure for this kind of thing

 

what are the debts and their type of credit

have you sent them a CCA request?

 

One is a payday loan and the other is a catalogue

 

Not done the CCA from my limited understanding it all seems rather long winded and i am not disputing the debt at all

Share this post


Link to post
Share on other sites

are they sold to DCA's or still owned by the OC's?


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

Share this post


Link to post
Share on other sites

payday loan is with the original creditor according to my credit file

catalogue has been sold to dca

Share this post


Link to post
Share on other sites

started an irresponsible lending complaint yet on the pdl?

did you have others .??

 

as for the DCA who?

might be best to start a sep thread as bottom of post 2


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

Share this post


Link to post
Share on other sites

oh and throw the morality card out the window!!


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

Share this post


Link to post
Share on other sites
oh and throw the morality card out the window!!

 

??

 

I don't wish to dispute any of the debts mate just want to know about the implication of non-paid defaults and credit file

 

Let me try this another way.

 

Hypothetical example; say I had a defaulted account for a credit card with a DCA that is due to drop off my file in 2021. Lets say I either pay the debt completely or come to a settlement offer in 2019. would this drop off my file in 2021, or would it stay on under closed accounts until 2025 as my last payment would have been in 2019?

Share this post


Link to post
Share on other sites

what part of post 2 are you not understanding?


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

Share this post


Link to post
Share on other sites
what part of post 2 are you not understanding?

 

in part its due to the conflicting information i've got going on in my head from internet searches, forum searches, etc. nothing seems to be 100% consistent

 

the reason i made this topic is because i found it difficult to believe that after the non-paid default drops off your credit file on its 6th birthday, there wouldnt be any subsequent record of some sort on your file. - if you continue to make payments or settlement which is what i intend to do to avoid ccj as best i can

 

which is where this quote i found from another forum comes in and the conflicting info. someone was enquiring about their file similiar to what ive done here and got this response

 

"Basically when the defaults drop off and there have been no CCJs or anything of the sort then all there will be is the notice of record of payments."

 

 

so there WILL be a record of payments on my file and when the final one is made it will take a further 6 years to drop off my file?

Share this post


Link to post
Share on other sites
in part its due to the conflicting information i've got going on in my head from internet searches, forum searches, etc. nothing seems to be 100% consistent - there is no conflicting information...? where?

the reason i made this topic is because i found it difficult to believe that after the non-paid default drops off your credit file on its 6th birthday, there wouldnt be any subsequent record of some sort on your file. - if you continue to make payments or settlement which is what i intend to do to avoid ccj as best i can -you seem to be not understanding that when a default reaches its 6th birthday...the debt can never show again...

which is where this quote i found from another forum comes in and the conflicting info.

someone was enquiring about their file similiar to what ive done here and got this response

 

"Basically when the defaults drop off and there have been no CCJs or anything of the sort then all there will be is the notice of record of payments." - total garbage.

 

so there WILL be a record of payments on my file and when the final one is made it will take a further 6 years to drop off my file?

 

 

no what part of post 2 are you not comprehending???


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

Share this post


Link to post
Share on other sites

thankyou for your patience i just have a hard time understanding all this stuff and my constant googling and getting different answers probably dont help

 

i think i understand, please correct me if wrong. so the facts are these...

 

i have a balance of £600 for an old catalogue debt with lowell

default was registered in august 2012, will drop off in august 2018

 

when it drops off in 2 months it will dissapear forever and wont appear in any form whether i dont pay it, make token payments, or agree a full and final settlement?

the ONLY way it could ever reappear is in the form of a CCJ if they decide to go down this route?

it's their discretion?

 

when i am in position to negotiate a settlement or pay in full...

i should keep evidence of this in writing as i won't have any evidence on my credit file to show i've settled the debt?

Share this post


Link to post
Share on other sites

good you are getting there

 

the debt can never re appear

if you lose the a CCJ will show in the public information/judgement section.

 

however.. I would not be paying a DCA anything without sending a CCA request first

start a new thread on the cat debt please


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...