Trying to improve my credit file & get debt free ***SUCCESS***

[championless]

I've downloaded their complaints forms. Do you think that reporting them will result in the information being removed from my credit file?

[kennyparkroad]

you can but try.

[championless]

I received the following recently from Capquest and thought it might be of interest since it's so laughable:

 

Dear Miss Championless

 

We thank you for your recent communication requesting copy documentation on your account. We have requested the documents from Littlewoods and we expect to receive them shortly.

 

While we wait on Littlewoods Finance Company response, we have selected your account for a pilot scheme that we are currently undertaking that will save you time and money.

 

The pilot scheme consists of offering you a one off settlement amount to clear this account by 05 Sep 2007.

 

We are offering you a saving of 75% of the balance of your account. That means you pay only £**.** and your liability will be cleared.

 

No catch, the scheme is to reduce administration time and obviously the cost involved.

 

Your account is currently registered as a default against your credit file, however, should you take up this exceptional offer we will immediately take action to inform the credit reference agencies that you have “short settled” your account and to amend your file immediately.

 

If you do not wish to take up this offer and do not make a suitable payment plan once you have received the requested documentation, your account will be fast tracked into litigation.

 

We trust you consider the benefits of this offer and we look forward to hearing from you shortly.

 

To accept this offer please contact ******* blah blah blah

 

Yours sincerely

xxxxxxxx

 

I think they deserve a round of applause for trying their luck! Woot!

 

I also received this, which i don't intend on replying to but if you think i should, let me know:

 

Dear Miss Championless

 

Further to your recent correspondence and in order to process your communication further, we would request you provide the following information by 01 Sep 07 to assist us in resolving this matter:

 

Please confirm if you have ever lived at **************************

 

Your assistance would be greatly appreciated. Please note that this is not a demand but a request.

 

Yours sincerely

xxxxxxxxxxxxx

 

Hee hee!

[championless]

Also, is there anything i can do to make some of them EVEN ACKNOWLEDGE that i've even written to them?

[kennyparkroad]

im concerned about the Default

 

Capquest cant put a default on your credit file, only the ORIGINAL CREDITOR or the OWNER of the debt can do that, and since they are writing back to Littlewoods for information, that would suggest that Littlewoods still own the account.

 

I would write and ask for confirmation of who actually owns the account, and point out that if it is no Capquest, they have no legal right to place a default on your credit file.

 

And no i wouldnt reply to their request.

[championless]

When i checked my credit files recently, Capquest were not on there, so unless they have placed a default on there in the past month or so, they're lying, plus i believe this is statute barred anyways, so i'm just going to ignore this.

[pelham9]

In any case if the CRA file shows a default the addition of 'settled' in any form makes very little difference. You have default so you are a bad credit risk. Presumably the term 'short settled' means that the creditor has been forced to settle 'short' of the debt owed. I my book that makes you a worse credit risk.

[kennyparkroad]

i would get another copy of your credit file, it may be they placed it in the last month, and if they have, they have done so whilst the debt was in dispute and therefore is illegal and against the OFT Guidelines, remember that default may stop you obtaining further credit, and is on there for 6 years.

 

and what makes you think its statute barred?

[championless]

If they placed it on in the last month then the debt wasn't in dispute until the past week or so. I think it is statute barred as the address they queried, i lived at in 2001 for three months. Can they place a default on my file if it is statute barred?

[championless]

Is there anything i can do to make some of them EVEN ACKNOWLEDGE that i've even written to them? I want to get the ball rolling with the DCAs/Creditors that have not even replied! Would a phone call help?

[kennyparkroad]

no. simply send a cover letter to the effect of

 

"I note i have yet to recieve a response regarding my previous correspondance, i therefore attach for ease of reference all correspondance sent on my part and await a response, however if no response is recieved within 14 days of this letter i will assume the matter is closed and no further action(s) will be taken."

 

 

 

back to the default on your credit file, even if they did place it when it was out of dispute, im 99.9% sure that only an ORIGINAL creditor can place a default on your account! no a DCA

[championless]

back to the default on your credit file, even if they did place it when it was out of dispute, im 99.9% sure that only an ORIGINAL creditor can place a default on your account! no a DCA

 

Over half of the defaults on my credit files are with DCAs. Is this really true? Wescot, Lowell & Intrum Justitia have all placed defaults on my credit file.

[kennyparkroad]

get in touch with people like priorityone etc

 

im sure thats right, check up with him though

[tomterm8]

Over half of the defaults on my credit files are with DCAs. Is this really true? Wescot, Lowell & Intrum Justitia have all placed defaults on my credit file.

 

It's not true legally.

 

Only the creditor can put a default on your account; if a DCA buys the rights and duties, they are the creditor. HOWEVER, there can only be one default put on your file in relation to a particular debt, since the nature of a default is that it states the creditor terminated the agreement.

 

in practice, most creditors default the account before passing onto a DCA, and the default should be updated to reflect the new owner... but, it should not be updated so the default is dated latter than the actual default.

[championless]

Quick update. I received the following letter from Intrum Justitia:

 

Dear Miss Championless

 

Thank you for your recent communication. Please accept my apologies for the delay in response.

 

I can confirm that we closed your file as informed in my previous letter on 22nd June 2007. Your credit information entry was updated at the request of our client, xxxxxx on purchase of this account on XXXXXXXX.

 

I have today informed the relevant parties to remove any default from your records and this should be completed within the next 10 days.

 

Should you be unhappy, blah blah blah.

 

I would like to thank you for bringing this matter to my attention, etc, etc.

 

Yours sincerely

Mrs Tracey Smith

 

How cool is that???!!!!! :D

 

Now i just need to do that with the others, something tells me it's not gonna be that easy.

 

Still, some good news for a change!

[caro]

Brilliant news Championless. I'm delighted for you, but make sure you check that the default really is removed.

[Curlyben]

Nice One

 

[spiritgirl59]

:grin: WELL DONE CHAMPIONLESS

[kennyparkroad]

nice one. but feel the battle still isnt over yet?

[championless]

I've received the following letter and true copy of the credit agreement from Lowell's:

 

http://img.photobucket.com/albums/v415/adele69/scan0001.jpg

http://img.photobucket.com/albums/v415/adele69/scan0002.jpg

 

Is this enforceable and any suggestions on what to write next?

 

I also received the following in relation to three different accounts i think:

 

http://img.photobucket.com/albums/v415/adele69/scan0003.jpg

http://img.photobucket.com/albums/v415/adele69/scan0004.jpg

 

Any suggestions on what to write next?

 

Help is much appreciated!

 

Championless

[Curlyben]

OK so from Lowells you have a 10th generation copy of an application form and JDW have supplied you with a reconstituted unexecuted agreement, both would be good hanging on a nail near the toilet

[caro]

OK so from Lowells you have a 10th generation copy of an application form and JDW have supplied you with a reconstituted unexecuted agreement, both would be good hanging on a nail near the toilet

 

LOL, although the bottle of red I've just guzzled might be marring my judgment on this.

[spiritgirl59]

Hi there Championless

 

Hope you are keeping well?

 

Curlyben is right. Lowells' "true copy of the credit agreement" is about as much use as a chocolate teapot...same with the JDW one...!

 

Bless them both for trying eh?

 

As for what you write next, personally I didn't bother until and if they threatened legal action, then was at that point I wrote (recorded delivery) and advised them :-

 

"any action you commence will be vigorously defended, since I will show the court by all correspondence in my possession that you have continuously defaulted on my CCA request of (insert date) however despite this it would appear from your letter of (insert date) that you now fully to intend to waste the court's valuable time"

 

I've seen off several of them this way so far.

 

Good luck!

Love Spiritgirl x

[kennyparkroad]

nice 1

[championless]

Is there anything more substantial i can write? Such as the agreements you have sent me are useless and i won't pay.

 

Lowells have sent me a final demand and threatened legal action, so i would like to reply to them and tell them exactly where to shove it.