Intrum & Jacamo Debt

[bgizzle]

In 2017, I defaulted on a Jacamo account at a difficult moment and the debt of approx  £1.7k was sold on to Intrum.

Tried to deal with Jacamo and get them to reconsider removing the default on compassionate grounds and for debt to be paid but had no joy as they said it was now out of their hands.

Fast forward to Feb 2019, I CCA'd intrum and got the standard

 

"we see you have raised a dispute/query on the account, we will contact the original creditor to request any information they hold relating to a dispute in relation to the account. It may take several weeks for them to gather this information. We will suspend collections activity on this account whilst we endeavour to obtain these documents"  

 

Suffice to say the 12+2 days have now passed with nothing.

What are my options?

Ideally, I'd like to have default removed or marked as settled so it doesn't cause me as much trouble as it currently is when applying for car finance which I need for car to get to and from work. 

 

[dx100uk]

failure of a CCA request has never had the availability to then ask for a default to be removed.

the default is nothing to do with if/if not the agreement is enforceable or not under the consumer credit act.

the issuance of a default notice and if they wish - the registration of a default status against you on credit files it is purely an option the original creditor has to show how you conducted yourself during your mutual financial dealings.

 

a default remains on your file until its 6th birthday, when the whole account, paid or not or paying or not is removed from the records.

that does not mean the debt is not still owed, that is down to the statute of limitations act - 6yrs since last payment.

[bgizzle]

Thanks dx100uk. Removal of the default is the ideal BUT I know may not be possible as you rightly state.

 

The situation as it stands now after failure of CCA request is one of an impasse (collection activity suspended by them & I'm making no payments & credit file is still bad)  which doesn't help me achieve my immediate aim which is to get a car for my commute to work. 

 

I'd like to give myself the best possible chance of being accepted for a PCP/Lease.

I have read somewhere that underwriters prefer to see defaults satisfied than not.

 

How do  you advise I approach this with DCA to pay a percentage but credit file marked as fully satisfied? 

 

I hope I have explained myself properly?

[dx100uk]

wont happen sadly..DCA's will always mark this as a partial settlement and that will stay there for another 6yrs.

 

not sure one default would cause you any issues  

[bgizzle]

Thanks again dx100uk.

6years from settlement date OR date of default?

The one default unfortunately has affected me getting a PCP deal from 2months.

I assume its because its viewed as recent (2017)

[dx100uk]

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]
 

[London1971]

Look on the bright side no CCA = No pay, in fact as DX100 says don't bother with a partial settlement because it will still show as a default. Also don't start paying it off or it will reset the Statute Barred clock

 

Credit companies look more at the age of the Default, it's already 2 years old,  very likely you could get a car PCP or finance at a higher interest rate already if you really shopped around. 

 

Give it another year and it will hardly be taken into account at all by lenders.

 

 

[bgizzle]

Thanks for clarifying @dx100uk

 

@London1971 thanks for response BUT I do not see anywhere dx100 says a payment to DCA resets SB clock. 

 

On the PCP front I tried 2 months ago and was rejected because of the default by dealer finance.

[dx100uk]

well it does

don't confuse SB date with defaulted date

there is no link.

 

dx

 

[London1971]

Pay them anything and the clock reset's.

 

Dealer finance, is for those with a top credit rating. Do some shopping around, you might end up on a higher APR paying 40 quid a month or so more.   Or do what I did and pay 700 quid for a second hand corolla, probably more reliable than anything new off a forecourt.

[bgizzle]

Thanks both. Has given me some more to think about.

 

Do I want to go for F&F settlement which ends this once and for all OR not bother as they can't proceed with collection for now as no CCA? 

 

@London1971 - A 700 quid Corolla wont work for me now. I'll shop around in the interim.

[London1971]

F&F will not remove this from your credit file, and would not likely make you any more likely to get finance. Also they don't have a CCA so why would you pay them?

[dx100uk]

you don't want to pay anything at anytime

doing an F&F does not resolve anything.

it would only ever be a partial settlement

resetting the SB clock giving a further 6 yrs for them to claim the rest of it or sell it on again and the new owners do it.

and believe me it does happen.

 

as it stands it will fall off your file from the defaulted dates 6th birthday..which the OC should have correctly registered on or before the sale.