Default Removal - A Good Method

[Azazal23]

Instead of going back and forth like i have done in the past 8 months.

 

I have successfully had 3 removed

 

1 from Welcome finance

 

2 from debt agencies

 

JUst received my court date for Barclays

 

Seems to me the quickest method is to take them to court. Oviously providing you think your in the right. Put your POC s togeather and pay your 30 quid and wait. Chances are it it will be thrown out or they wont turn up. Surley it costs too much to send a barrister or solicitor to court over a silly default.

 

Plus if we inundate the banks etc with these cases they couldnt possibly cope with us all.

 

Same tactic as the bank charges but with defaults.

 

I am of the opinion that even when "removed" there is still a record on your credit file becuase i have a excellent credit record now apart from one 3 yr old default which is settled and i am still having trouble getting credit

[TheAnalyst]

Can you tell me about welcome?

 

Had you paid the debt? On what grounds did you request the default be removed (no default notice sent etc)?

 

What about the other 2?

 

 

Thanks!

[PKea]

I would be grateful, as I am sure others would, if you could post your POC on here as well the process you went through from the start, as well as responses recieved.

 

On your Welcome thread you state that the default was removed from a CCA request.

 

Which is right, so as not to confuse people.

 

PKea

[skbuncks]

I am of the opinion that even when "removed" there is still a record on your credit file becuase i have a excellent credit record now apart from one 3 yr old default which is settled and i am still having trouble getting credit

 

A settled default is just as bad as a default in the eyes of a creditor, even if it is 3 years old. Get that removed then you'll be laughing

 

skb

[car2403]

I'm not sure if this will work, even though it has for you in these cases. The Courts won't look lightly on claims started without trying to sort these issues out yourself informally.

 

There's a few ways you can do this, so exhaust those first before going down the Court route.

 

Good on you for going against the grain though, and winning!

[Azazal23]

Yes the Wlecome default was removed as they could not produce the original agreement, well they failed to produce anything. If your loan was going back a few years i would imagine you stand a very goof chance of getting it removed. I will post the name and addresss of the lady your best writing to, she was very pleasent and there was no hasstle once my complaint was passed to her. It took around 9 weeks start to finish.

 

I would not advise going to court before contacting the company first, but do not waste your time with letters back and forth quoteing law etc...

 

If they say no just issue your N1 or Moneyclaim online.

 

I will post the Barclays POC later, i am in the middle of re vamping them with hinsight i would of definetly used an N1 instaead of moneyclaim as you can get more info on there.

 

If i get the time ill post all my letters etc.. from Barclays and Welcome so you can see the kind of response you ll get

[Azazal23]

No the Welcome one had not been paid, it was removed on the grounds that they could not supply any paperwork for the loan.

[TheAnalyst]

Very helpful mate, thanks.

[linz2011]

subscribing

[Paintball]

Yes the Wlecome default was removed as they could not produce the original agreement, well they failed to produce anything. If your loan was going back a few years i would imagine you stand a very goof chance of getting it removed. I will post the name and addresss of the lady your best writing to, she was very pleasent and there was no hasstle once my complaint was passed to her. It took around 9 weeks start to finish.

 

I would not advise going to court before contacting the company first, but do not waste your time with letters back and forth quoteing law etc...

 

If they say no just issue your N1 or Moneyclaim online.

 

I will post the Barclays POC later, i am in the middle of re vamping them with hinsight i would of definetly used an N1 instaead of moneyclaim as you can get more info on there.

 

If i get the time ill post all my letters etc.. from Barclays and Welcome so you can see the kind of response you ll get

 

Thanks for this useful thread. Am just about to take Capital Bank to court as they haven't replied to my request for default removal.

Did you include any damages at all in your claim or was it purely for removal of default? Any chance of a peek at the POC?

Cheers P x

[car2403]

This might help?

 

http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/111211-defaults-background-removal-methods-post1086715.html#post1086715

[elizabeth1]

Instead of going back and forth like i have done in the past 8 months.

 

I am of the opinion that even when "removed" there is still a record on your credit file becuase i have a excellent credit record now apart from one 3 yr old default which is settled and i am still having trouble getting credit

 

Would the difficulty in getting credit be that you have no credit scores showing now?

 

When you had the defaults showing there are scores showing for several months (usually numbers representing payments made to accounts etc..?)

 

Now your defaults are gone there is no scores showing - so you look like someone without a credit history? Is this what the problem could be? I am thinking we know companies use a scoring method etc.. - and perhaps you have litle or no scores now?

 

Have a read of the experian booklet they send you with your credit report as it may explain in there for you (post the answer to help others if you find it)

 

I am guessing and too tired to read this experian booklet now - but I think it is something simple like that causing the problem for you now.

 

(The numbers used represent timely payments, late payments, missed payments, arrears etc..)

[car2403]

Any default on your file - settled or not - will effect credit applications.

 

Settled defaults are still adverse credit...

[Mike220359]

subscribing

[Paintball]

This might help?

 

http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/111211-defaults-background-removal-methods-post1086715.html#post1086715

 

Thanks Car, I've seen this and will no doubt be using it, but was just interested to see what Azazal had put in his POC.

Cheers, Painty x x

[Paintball]

Any default on your file - settled or not - will effect credit applications.

 

Settled defaults are still adverse credit...

 

This is depressing news Car. I'm going to all this effort to have Defaults and Negative Marker Date removed from my credit file and I'll still have a low score ... I don't know what to say

[PKea]

Azazal23 can you please post your POCs, as your thread title is misleading to others.

 

You are telling people that you have a method and all you say is to take them to court if they dont remove it.

Doesnt help people much that.

 

Its like this site having one thread saying 'Take them to court'

 

I would ask a mod to change this thread title so as not to mislead people

[car2403]

Defaults can be challenged in certain circumstances - disputes over balances because they are made up of illegal charges/fees, not receiving the correct paperwork when the default was issued, or having a regulated agreement that isn't enforceable under the Consumer Credit Act 1974.

 

Negative payment history is notoriously difficult to remove - though not impossible - as it shows "factual information". You are in arrears so they do report you as being so on your credit file. The only real argument to this is if you can show that you didn't take the agreement out in the first place, which is usually unlikely.

 

The only way to improve your score like this is to maintain payments or take out some higher priced credit, then wait for the negative information to drop off your file - usually in 6 years!

[conar686]

*Subscribing* Could someone confirm the costs for the solution suggested in this thread?

[Paintball]

*Subscribing* Could someone confirm the costs for the solution suggested in this thread?

 

If you mean the court fee for filing an N1 for removal of default, I think it's £30. Am preparing N1 and POCs at the mo so will post on this again when I've filed (and paid!!)

 

Cheers, Painty x x

[car2403]

If you're only filing for removal of a default, the fee is £150 as it's not a "money claim". If you can show damage in monetary value, it's £30-£120 depending on the amount.

 

Check with the Court that they'll accept a "money claim" for removal of a default before filing, or your claim may be struck out.

[Paintball]

Yes Car, this is what I had originally thought as it states this on the HMCS website under the Fees section, however I think someone mislead me slightly ... probably wishful thinking on my part

[ppauls150]

I am 100% sure that if it is a non monetary value then you have to pay £150, If your claim is of monetary value and includes to remove a default also i think that you could get away with paying the fee that the monetary value is what your claiming back i.e the £30 to £120. If i was going to take someone to court to remove a default i would pay the £150 as opposed to the £30 and i am surprised that the courts do accept the claim in the first place if you have paid £30.

[Paintball]

I am 100% sure that if it is a non monetary value then you have to pay £150, If your claim is of monetary value and includes to remove a default also i think that you could get away with paying the fee that the monetary value is what your claiming back i.e the £30 to £120. If i was going to take someone to court to remove a default i would pay the £150 as opposed to the £30 and i am surprised that the courts do accept the claim in the first place if you have paid £30.

 

The person in question must have claimed some damages as a result of being defaulted and subsequently noticing the dimininished "creditworthiness".

 

However, £150 it is as per the HMCS website. Off we go to court to file anohter N1?

[conar686]

£150 is a lot of money if you haven't got it and don't now qualify for free submission due to yor circumstances improving.