DMP Mutual Support Thread - Part 12

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  • leanne12345
    leanne12345 Posts: 92
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    Hi, am I right in thinking CCA requests don't apply to overdrafts? I'm sure I have read that (probably on this thread!) but now I can't seem to find anything about it.
    Thanks ☺
  • sourcrates
    sourcrates Posts: 28,727
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    Hi, am I right in thinking CCA requests don't apply to overdrafts? I'm sure I have read that (probably on this thread!) but now I can't seem to find anything about it.
    Thanks ☺

    Doesn't apply to overdrafts or mobile phone contracts.

    Only to simple credit agreements such as loans, credit cards, catalogues, store cards etc.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • leanne12345
    leanne12345 Posts: 92
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    sourcrates wrote: »
    Doesn't apply to overdrafts or mobile phone contracts.

    Only to simple credit agreements such as loans, credit cards, catalogues, store cards etc.

    Thank you :)
  • Suseka97
    Suseka97 Posts: 1,562
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    edited 19 May 2017 at 7:50AM
    Twins wrote: »
    Well done Suseka97! That's fab news :T Can I ask what did say in your letter in order to get the date backdated? I too have requested this from PRA Group who have not defaulted me and so this information would be most useful in case I need to go back with different language.

    Thank you Twins :)

    It took around 18mths or so before Halifax sold my debt on to Wescott -and during that time I had written about 6/7 letters complaining about that. What I was told on more than on occasion was that after 6 months of reduced payments the debt would be passed to collections and a default would follow - but that never happened (hence the repeated complaints).
    Fast forward to where we are now and having completed my final review with SC I kinda got my second wind and thought - sod that, I'm going to fight this. So, I went back to all the correspondence I've kept over the years and wrote a letter and addressed it to the 'Head of Collections/Recovery' using the address from the last letter I'd received from them. I included copies of all previous letters and basically said that I felt that they had treated me poorly and that of all my original (14) creditors they were the only ones who had not defaulted me in the year the DMP commenced. I also included the excerpt below, taken from the Debt Camel Website (link also below). I think Sourcrates put this link up on an earlier thread and it contains a wealth of information - so worth checking out. This page talks about defaults.

    https://debtcamel.co.uk/tag/defaults/

    When should a default be added to a credit record?
    The Information Commissioner’s Office (ICO) says in its Principles for the Reporting of Arrears, Arrangements and Defaults at Credit Reference Agencies:
    “As a general guide, [a default may be recorded] when you are 3 months in arrears, and normally by the time you are 6 months in arrears.
    There are exceptions to this which may result in a default being recorded at a later stage, such as secured or long term loans e.g. mortgages, or if the product operates in a more flexible way e.g. current accounts, student loans, home credit.”

    Edited: taking out some of the waffle :)
  • Suseka97
    Suseka97 Posts: 1,562
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    Twins wrote: »
    Little update from me. I heard back from PRA Group today regarding the complaint I raised with them for not adding a default to my account. They agreed that I was correct and that they would backdate the defaults to 1st August 2011 for both account I have...

    Well done :T
    I hadn't spotted this when I answered your question - so sorry for the longwinded reply, but it might help others so I've left it up :)
  • [Deleted User]
    [Deleted User] Posts: 0 Newbie
    edited 19 May 2017 at 8:26AM
    Well done, Suseka, and thanks for the very useful link:T

    On the subject of backdated default requests, should we tell the creditor why we want a default on our account? I would imagine that most people are not aware of the credit file situation and defaults dropping off after 6 years and would therefore do anything to avoid getting a default. I'm wondering how we should ask for one, surely they'll try to fob us off by telling us that they are a bad thing and we don't really want one..


    Obviously we on here know that early defaults are good news;) but how do we word the request for getting one from our creditors?


    It's only Lloyds that has defaulted me late, the end of last year rather than 2013 like the other creditors did:mad:. The rest will be gone from my file before my DMP ends at this rate but the Lloyds one will be hanging around for years:(. I know from experience that Lloyds are the least co-operative of my creditors but I noticed that people have had success with Halifax which used to be/maybe still is part of the Lloyds group if I'm not mistaken:think:
  • sourcrates
    sourcrates Posts: 28,727
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    On the subject of backdated default requests, should we tell the creditor why we want a default on our account?


    Obviously we on here know that early defaults are good news;) but how do we word the request for getting one from our creditors?

    Dear creditor,

    I have been in a debt management plan now for three years.

    All my other creditors have defaulted me except you.

    Please default my account in line with FSA guidelines so that my credit file is not unduly affected for longer than is necessary.

    Yours sincerely

    Carbootcrazy


    You will be surprised how savvy creditors are on this subject, they read these sites as well you know.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • sourcrates wrote: »
    Dear creditor,

    I have been in a debt management plan now for three years.

    All my other creditors have defaulted me except you.

    Please default my account in line with FSA guidelines so that my credit file is not unduly affected for longer than is necessary.

    Yours sincerely

    Carbootcrazy


    You will be surprised how savvy creditors are on this subject, they read these sites as well you know.

    Thanks, sourcrates:T:beer:

    This particular creditor has defaulted me but only a few months ago, not spring 2013 like the others. I want them to backdate it to when the others defaulted me so they will all fall off my file around the same time. I don't want to be waiting years extra just for this one;)

    I'll just amend your suggested letter to mention that my other creditors defaulted me in 2013 and asking them to backdate their default to the same date.

    In your experience. do they often comply? This is Lloyds though, they haven't been all that helpful over other issues:(
  • sourcrates
    sourcrates Posts: 28,727
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    Carboot,

    Its not an issue i`ve ever has personally, but lots have.

    They know the rules, but some will stretch them as far as possible.

    If they dont comply, or refuse to, take your complaint to the ICO (Information commissionaires office) and they will look into the matter on your behalf.

    They dont have the power to award compensation, but they can get the default date set correctly.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • January2015
    January2015 Posts: 2,369
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    When we wrote and asked for backdated defaults we pointed out they were unfairly disadvantaging us and pointed out that had we chosen not to address our debt problem and not paid at all the account would have been defaulted and all record of the account and default would have been removed six years later. However, because we chose to act responsibly and deal with our debts through a debt management plan, they (the creditor) were unfairly penalising us for this - as the record of the account would continue to be recorded until six years after the last payment on the account (which would be well into the future, and certainly more than the six years we would have recorded if they had defaulted in a timely manner). We felt they were therefore treating non-paying customers more fairly than they were treating customers on a debt management programme.

    This argument worked for us :)
    DFW Nerd No. 1484 LBM 07/01/15 Debt was £95k :eek: Now debt free and happy :j
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