How to get back on the credit ladder

marcellep

never-in-doubt wrote: »

Cheers, I like to post on here so others can utilise them.... unless it was specific (personal) then i'd email, if thats ok with you?

I'll be back later tonight - through day tomorrow and will pick it up then for you. dont worry, worse case is a year to wait... better than a lot of peeps....:beer:

Hey of course thats cool and thanks so much for your continued help and support

never-in-doubt

marcellep wrote: »

Hey of course thats cool and thanks so much for your continued help and support

quick question, did you only get a copy of the default notice standard template or a specific copy of the one related to your account?

Have you seen these:

1. http://www.learnmoney.co.uk/credit-file/remove_default_notice.html
2. http://www.insolvencyhelpline.co.uk/default-notices/what-is-a-default-notice.php

They do have to send a true signed copy of the default notice, not just a template - cheeky beggars! :j

blue35_2

very useful thread - thanks.

marcellep

never-in-doubt wrote: »

quick question, did you only get a copy of the default notice standard template or a specific copy of the one related to your account?

Have you seen these:

1. http://www.learnmoney.co.uk/credit-file/remove_default_notice.html
2. http://www.insolvencyhelpline.co.uk/default-notices/what-is-a-default-notice.php

They do have to send a true signed copy of the default notice, not just a template - cheeky beggars! :j

I have seen and tried the 1st website you have talked about above, No was the answer I got.

Re what default I got

http://i4.photobucket.com/albums/y104/marcellep/k3of5-1.jpg

It was a basic blank copy, I have letters which state "they do not need to supply me with a copy" well thats what they say!

Information Com told me they do need to supply me with a copy "under data protection"

I told them that and Capital One said NO we don't

I have been in talks with them, well by letter for mths.:mad:

never-in-doubt

marcellep wrote: »

I have seen and tried the 1st website you have talked about above, No was the answer I got.

Re what default I got

http://i4.photobucket.com/albums/y104/marcellep/k3of5-1.jpg

It was a basic blank copy, I have letters which state "they do not need to supply me with a copy" well thats what they say! Bollox! They are lying...

Information Com told me they do need to supply me with a copy "under data protection" Yup this is true, specifically under S189 of the CCA 1974

I told them that and Capital One said NO we don't - again bollox - they are unreal

I have been in talks with them, well by letter for mths.:mad:

Hiya

See red text above

Default notice they sent you is not lawful and cannot and will not be used in court, we'll deal with this later.

sorry was busy doing all the other posters letters today and working on yours now but couldn;t finish as needed some info from you

1. You say the last payment was in 2005 but then added to the TD - am I right in assuming you paid the TD off? If so, you've made payment to the original debt and thus statute barred kicks in 5 years after the last payment to the account - it doesn;t matter who took the payment. Please confirm what happened for me.

2. Was the account defaulted, if so what is the default date?

cheers :beer:

marcellep

never-in-doubt wrote: »

Hiya

Default notice they sent you is not lawful and cannot and will not be used in court, we'll deal with this later.

sorry was busy doing all the other posters letters today and working on yours now but couldn;t finish as needed some info from you

1. You say the last payment was in 2005 but then added to the TD - am I right in assuming you paid the TD off? If so, you've made payment to the original debt and thus statute barred kicks in 5 years after the last payment to the account - it doesn;t matter who took the payment. Please confirm what happened for me.

2. Was the account defaulted, if so what is the default date?

cheers :beer:

Okies thanks so much for all your help!

Here are all the details:

I opened the account back in 17th Oct 2002

I paid every month until March 2005,

Default applied 12th May 2005

Trust Deed set up and protected 28th November 2005, But I never started paying the Trust Deed until Dec 2005 and I was released from the TD on the 1st Jan 2009.

Hope that is what your looking for!

Have a look @ this too http://i4.photobucket.com/albums/y104/marcellep/2of12.jpg

never-in-doubt

marcellep wrote: »

Okies thanks so much for all your help!

Here are all the details:

I opened the account back in 17th Oct 2002 - Ok

I paid every month until March 2005, - Ok

Default applied 12th May 2005 - we may have to look at unenforceability using this as the main get out....

Trust Deed set up and protected 28th November 2005, But I never started paying the Trust Deed until Dec 2005 and I was released from the TD on the 1st Jan 2009. so you paid upto 1st jan and Cap1 were part if the TD so the account wasn't actually settled - it is a settled default?

Hope that is what your looking for!

Have a look @ this too http://i4.photobucket.com/albums/y104/marcellep/2of12.jpg

Cheers - see your last post, I edited it. plus the red text above.... Is this the last letter you got/sent from cap1? http://i4.photobucket.com/albums/y104/marcellep/2of12.jpg

marcellep

never-in-doubt wrote: »

Cheers - see your last post, I edited it. plus the red text above.... Is this the last letter you got/sent from cap1? http://i4.photobucket.com/albums/y104/marcellep/2of12.jpg

I got a letter from Capital One yesterday just saying they are not legally required to send me a copy of the default and that they will not remove it as its accurate.

Capital One was included in my Trust Deed,I paid the TD every single month and never missed a payment. They only changed the Default to settled last month.

http://www.fisa.co.uk/downloads/CCA%201974.pdf Page 96 is that what your refer too?

never-in-doubt

Let me know as much info as possible, if I cant get it done today it will be here before work on Monday - trust me! Can you PM me your email address and i'll email you it when I get it finished. Have to check some Scottish laws/acts before I act clever with letter LOL

marcellep

never-in-doubt wrote: »

Let me know as much info as possible, if I cant get it done today it will be here before work on Monday - trust me! Can you PM me your email address and i'll email you it when I get it finished. Have to check some Scottish laws/acts before I act clever with letter LOL

PM sent and good luck with the Scottsh Law :rolleyes: