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Vanquis credit card taken out together with logs of other credit in 2009.

2011 His bubble bursts and he has to sort his short term credit out as they are mostly in arrear or will be.

Takes out a DMP with Pay plan, and they take over al these commitments, he just pays the one instalment to them.

Last year well into getting his life together and most of the CC are paid nearly up. Strangely he start receiving notice's of arrears from Vanquis. It appears that there os over a grand still to be paid.

Next thing they pop a default on his credit file, which by this time is almost clear.

I ring Vanquis who tell me that the account has only just been defaulted and the section 87 must be in the post. She seems to think the last six years or so the debt had been under an arrangement with the and had never been defaulted or terminated. They have just done so and hence the activity.

This is bollox of course I wonder if anyone has had anything similar from them.


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Is the DMP still running ?


We could do with some help from you.

 

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ah the notorious AP markers that never go away.

lots of threads here on those.

did he enter into the DMP before 2014 ICO guidelines changes?

if so they used to say he must be defaulted within 3-6mts 

we've had quite a few successes in getting a default date corrected.


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Thank Andy DX

Yes its been re negotiated and there are about six creditors all CCs. All small amounts, except this.

None show on his report, except this which had never been mentioned before as a default, then appeared recently as a D,  The others dropped off some years ago..

He stared the DMP in 2011

 


DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Creditors cant see the cal section

So the summary says AP or it blank?


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5 minutes ago, dx100uk said:

Creditors cant see the cal section

So the summary says AP or it blank?

Neither, it as if the account as never been with anyone else and has just been defaulted/ It is marked D.

From what the lady from Vanquish said. The account had never been defaulted in 2011, even though it has been with Pay plan for eight years together with his other cards. So they decided to default it last month. She wouldn't say why, just that it was within their rights to do so.

There is no way they can say this was an active account in that period. He had no card no credit facility of any kind, they were receiving a pro rata payment from pay plan.


DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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so the word default is in its status summary field and there is a defaulted date ?

 


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https://www.stepchange.org/debt-info/dmp-and-credit-score.aspx

Its rather irritating when creditors default when they like and not actually at the time of the breach.......rather than follow the ICO Guidelines on recording default data and really makes a mockery of the Statute of Limitations Act 😉

  • Haha 1

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OK This is resolved, it just took a complaint through the Experian link on Clear score. It was just a note explaining the law. His report contains nothing relating to this on it. 

 

I will post the leter from Experian as soon as he sends it me.


DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Just to be clear.

 

DCA;s pursue the terminated sum of a contract, that is the whole sum  due. You cannot do this on an un-terminated agreement, you can only pursue arrears, that is until the DN has been issued and the account terminated.

 

A lender can chase his own terminated debts without a DCA license but not any one else's. A DCA can only deal in terminated debts, these are bought and sold in portfolios sometimes consisting of thousands of accounts, if these were still live the process would be impossible. Legally they cannot receive unterminated accounts because they are not equipped or licenced to receive them.

 

The question is; do accounts placed on a dmp for extended periods have to be terminated, or can the lender still claim the account is live.  I think this would be an unfair practice and challengeable under section 140 CCA


DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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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

    Donate button something to the Consumer Action Group   

 

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

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Hi Andy

 

(4)Where a regulated open-end consumer credit agreement, other than an excluded agreement, provides for termination or suspension by the creditor of the debtor's right to draw on credit—

(a)to terminate or suspend the right to draw on credit the creditor must serve a notice on the debtor before the termination or suspension or, if that is not practicable, immediately afterwards,

(b)the notice must give reasons for the termination or suspension, and

(c)the reasons must be objectively justified.

(5)Subsection (4)(a) and (b) does not apply where giving the notice—

(a)is prohibited by an EU obligation, or

(b)would, or would be likely to, prejudice—

(i)the prevention or detection of crime,

(ii)the apprehension or prosecution of offenders, or

(iii)the administration of justice.

(6)An objectively justified reason under subsection (4)(c) may, for example, relate to—

(a)the unauthorised or fraudulent use of credit, or

(b)a significantly increased risk of the debtor being unable to fulfil his obligation to repay the credit.

 

Yes f course either party can terminate an agreement at any time. But that does not mean the debtor does not have to pay any sums remaining under it, nor does it mean the creditor can ignore the debtors rights under the CONTRACT to pay the loan back by instalments, nor can the creditor demand that he does.

 

This is a "none default termination", it is there to protect the lender from immanent breaches that need the ability to draw credit to be stopped to prevent imminent damage.

 

 

 


 

Peter


DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Sokay, dont expect to be thanked.


DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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