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How to get back on the credit ladder
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never-in-doubt wrote: »Mate not forgotten you, just waiting for help from some in the know :rolleyes:. All I can think of is legal action but then again it's a last resort so i'm trying to establish any other 'backdoors' to try, before court....... bear with me yea?
Hey it's cool, you know I appreciate all the help you offer to this.
I get an email anytime there is any post in this thread so all is good :money:If I have been helpful - Hit the Thanks button0 -
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never-in-doubt wrote: »Nice one mate - i'll text you as well, if much changes.
Cheers mate, If it's gonna be a case of wait till it drops off I will fight for bank charges back just to !!!! them off
If I have been helpful - Hit the Thanks button0 -
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Hello
Any more ideas?If I have been helpful - Hit the Thanks button0 -
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I woudl be gratful for some advice please.
I am trying to get my credit rating sorted so that I can apply for a mortgage with my partner.
I have a credit score from experian of 597. I have paid on time for last year and have no late payments, what is keeping it done I think is the two defaults. One is settled but the other is showing an outstanding balance of £102 do you think my score will go up if I settle this, any other ways to raise my scoe.0 -
I woudl be gratful for some advice please.
I am trying to get my credit rating sorted so that I can apply for a mortgage with my partner.
I have a credit score from experian of 597. I have paid on time for last year and have no late payments, what is keeping it done I think is the two defaults. One is settled but the other is showing an outstanding balance of £102 do you think my score will go up if I settle this, any other ways to raise my scoe.
Forget the experian score - it means nothing in the real wide world. Its a made up number and will never be accurate to credit ability or ability to repay so just bin it and save the wasted funds on sorting the defaults out as these are what are stopping you getting credit.
A settled default is as bad as an outstanding default. Me thinks you need to read about defaults and then see where you stand. Pointless paying though cos if they've been there a while and you pay, it could affect the drop-off date (6yrs they remain for), and any statute barred date.
You need to look to get rid of defaults (not easy) so best of luck
2010 - year of the troll
Niddy - Over & Out :wave:
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Hi mate,
Ok thinking about this for a while, I reckon you're actually best reverting right back to basics and going for the following. This will shock them into some sort of response that should mean we can start to move forward with this (about ruddy time too mate!):
You also print and send a copy of this letter: http://forums.moneysavingexpert.com/showpost.html?p=22443243&postcount=170
We'll get there mate! Just hold fire.........
Dear Capital One,
Ref: 12345678
I write with reference to your letter dated 9 July 2009, your comments noted accordingly.
First of all I’d like to make it abundantly clear that until you resolve this matter to my utmost satisfaction then yes you will continue with protracted correspondence regarding the removal of the unlawful default notice placed on the alleged account by Capital One.
I would also like to make it abundantly clear that simply stating 'we are in no doubt that the default noticed was issued to you on the 12th May 2005 was produced correctly and therefore there is no dispute on your account regarding this matter' does not conform with Data Protection and in particular my legal right to request a copy of said Default Notice.
Need I remind you of s.87 (1) of the CCA1974?87 Need for default noticeDespite numerous requests, to date I have not received a copy of the Default Notice from your organisation which I requested. In view of the circumstances I do not feel it unreasonable to ask for this document to be disclosed, it is not commercially sensitive nor is it a restricted document and should be easily accessible for an organisation such as yours.
(1) Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,—
(a) to terminate the agreement, or
(b) to demand earlier payment of any sum
Therefore I would ask that you provide me with a copy of the Default Notice that confirms it was properly executed; I require the complete document with all its parts. The reason why I require this information is clearly set out within my original letter but for clarity, I require this document as I have reason to believe that there may be discrepancies within the Default Notice which may leave it improperly executed.
Since this matter is likely to be subject to proceedings and given that your organisation is likely to be a defendant in any action which would be brought by me, I must draw your attention to Civil Procedure Rules part 31.16(3)(C)&(D) which gives the court the power to order you to disclose this document to me.
The disclosure of this document will allow me to consider any claim I may have against your organisation and will allow for the matter to be dealt with, possibly without the need for costly litigation. Therefore I again ask that you provide me with the document which I have previously requested.
I do not consider this request unreasonable and therefore if you fail to comply with my request I will be left no option but to make an application to the County Court for an order made under the provisions of CPR 31.16 ordering you to disclose the document which I have requested.
Additionally I will ask the court to make an order for my costs in bringing this application and reserve the right to disclose all communications in this matter before the court should such an application become necessary.
I must stress this request is made pursuant to the Civil Procedure Rules (Pre-action Protocols / Part 31.16) and not under the CCA (1974); therefore an unsigned copy will not suffice, only a copy of the original notice in its unaltered form will suffice in these circumstances.
I am also formally writing to request that you repay all the late payment fees and over limit fees that have been applied to my account.
I do not believe the charges reflect the true cost to Capital One and are unfair and disproportionate. I am therefore requesting a refund based on the Unfair Terms in Consumer Contracts Regulations 1999.
This is supported by the Office of Fair Trading’s April 2006 statement into credit card charges, which noted that the level of charges at the time, and prior to that period, were unfair.
The charges total £160, plus as I believe I have been unlawfully deprived of the money I have calculated £57.40 interest at the statutory rate, the amount the court will award, currently 8%.
I therefore ask that you repay me the full amount of £217.14. I have attached a full schedule of the charges and interest with this document.
Obviously being I am making an effort, the courts will favour this compared with your obvious lack of willingness and as a final gesture, may I refer back to my original letter (copy enclosed) whereby the original agreement can remain that if you chose option 1 then we may draw a line under this matter immediately. If you refuse then please action all the above points with immediate effect and certainly within the next 21 days.
I think i'll refrain from answering your other points until I require them, to use against you. Such wording like 'In any event, you’re not entitled to serve a notice under section 10 of the DPA for the following reasons' is totally unacceptable. I am perfectly allowed to request you cease processing at any time if you cannot substantiate a valid agreement which to date, has never been received either.
I look forward to your response with either my cheque, confirmation you agree to removal of default or a copy of the original Default Notice. I am happy to pay the £10 maximum (SAR rules) processing fee for the copy of the default notice.
Yours faithfully,
marcellep 2010 - year of the troll
Niddy - Over & Out :wave:
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You also need to send a statement of charges and your calculations, just print this off and staple it to the first letter mate. The link to the image is found here - this is an actual calculation of your charges not a random one lol: http://img339.imageshack.us/img339/748/courtcalculator.jpg
This is found below:
The following charges were applied to my alleged account:
28/07/2004 £20
03/08/2004 £20
07/03/2005 £20
07/03/2005 £20
28/03/2005 £20
04/04/2005 £20
28/04/2005 £20
04/05/2005 £20
These total £160 but with interest, the amount reclaimed is: £217.40. A breakdown of this is found below:
2010 - year of the troll
Niddy - Over & Out :wave:
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