How to get back on the credit ladder

marcellep

never-in-doubt wrote: »

Ok, so you ended up paying £440? Surely then you must be happy if we request a refund a charges or agree to cancel this and use toward writing the default off?

You happy with that or want £240 back? LOL - your choice. If they refund the £240 you wont get the default removed that easily......

I am not bothered about getting the money back at all, I just want the default removed some how

never-in-doubt

marcellep wrote: »

I am not bothered about getting the money back at all, I just want the default removed some how

Ok, thanks.

Just been thinking though, you will have a TD showing under Court Records (Public Data) - this will remain for 6yrs. Have you successfully had that removed? If so, how? LOL - they are near on impossible to get removed without some serious 'sway'?

never-in-doubt

EASTERNTHUNDERUK wrote: »

youd know all about that wouldnt you (in your own mind sadly:rolleyes::rolleyes::rolleyes:)

Enough is enough.

Time you went. Now you're being a pain.

Can everyone please start to report this fool to [EMAIL="abuse@moneysavingexpert.com"]abuse@moneysavingexpert.com[/EMAIL]
as soon as this muppet posts a reply.

All he does is abuse other members and it is time he went home.

marcellep

never-in-doubt wrote: »

Ok, thanks.

Just been thinking though, you will have a TD showing under Court Records (Public Data) - this will remain for 6yrs. Have you successfully had that removed? If so, how? LOL - they are near on impossible to get removed without some serious 'sway'?

I simply wrote a letter to all CRA asking them to update my account as I was now dischargd from TD. They all replied within a few days and removed it. Easy :beer:

never-in-doubt

marcellep wrote: »

I simply wrote a letter to all CRA asking them to update my account as I was now dischargd from TD. They all replied within a few days and removed it. Easy :beer:

Lol they made error, it should stay 6yrs. so you definitely, 100% do not have court data - only this single default showing? Is that across the board on three CRA's? I dont want to get too embroiled if you have court data, this will outweigh a default by 10-1 in a decline so would be a waste of time even looking at it - just being honest with you mate ......

cheers

marcellep

never-in-doubt wrote: »

so you definitely, 100% do not have court data - only this single default showing? Is that across the board on three CRA's? I dont want to get too embroiled if you have court data, this will outweigh a default by 10-1 in a decline so would be a waste of time even looking at it - just being honest with you mate ......

cheers

On all 3 CRA I have a settled default from Capital One

Until recently I did have

[STRIKE]Orange Default times 2
Trust Deed
Halifax [/STRIKE]

They are all now gone

All I have is the default from Capital One

Below is taken from my credit file online and I also have a paper copy of Call Cfedit and Equifax which shows no adverse details other than the one default.

Public record information
This section of your credit report contains details about court judgments, bankruptcies and individual voluntary arrangements.

No data retrieved for this section.

never-in-doubt

marcellep wrote: »

On all 3 CRA I have a settled default from Capital One

Until recently I did have

[STRIKE]Orange Default times 2
Trust Deed
Halifax [/STRIKE]

They are all now gone

All I have is the default from Capital One

Below is taken from my credit file online and I also have a paper copy of Call Cfedit and Equifax which shows no adverse details other than the one default.

Public record information
This section of your credit report contains details about court judgments, bankruptcies and individual voluntary arrangements.

No data retrieved for this section.

All I can say is well done, jammy sod LOL

I'll catch you tomorrow - get some kip! Night.... :beer:

marcellep

never-in-doubt wrote: »

All I can say is well done, jammy sod LOL

I'll catch you tomorrow - get some kip! Night.... :beer:

I thought it was my right to get it removed and as I said it was so easy and I also found the fight to get the other 3 defaults removed very easy too. Its just the bloody default from Capital One which is causing me a massive pain in the !!!.

Thanks again :beer:

never-in-doubt

marcellep wrote: »

Okies thanks so much for all your help!

---

Letter to send to Capital One

---

Request for a copy of the Original Credit Agreement, Default Notice and Notice of Assignment
under the Consumer Credit Act 1974

Dear Capital One,

Re: ERC/AS/12-54193215

Further to paying the alleged debt off, by way of Trust Deed, I have since learned that the agreement in question may not have been enforceable in the first place, moreso due to lack of receipt of Default Notice and failure to acknowledge laws set in place to protect the consumer, namely the Consumer Credit Act 1974 and the Date Protection Act 1998.

I have requested a copy of the Default Notice, no less than 3 times to date, and each time I have been rebuffed with an excuse; usually along the lines of 'Under s78 we are not required to send a copy of a Default Notice'. However the exact wording of s.78 (CCA 1974) clearly stipulates that you must issue this notice upon demand and if you fail to do so, that the agreement cannot be pursued any further.

In laymans terms, this would mean that if the Default Notice was never received by the debtor (me), the onus of proof is still required by the creditor (you) to show the documents were served correctly, at the address of the debtor. Simply quoting 'we confirm one was sent on XX date' does not constitute legal conformance as we both know.

You also continually quote The Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (in conjunction with the CCA 1974, ss 58(1), 64(1), 180, 182(2) & 189(1)) but do not specify which area of the Act you refer to. I can only assume you refer to s.11 (Duty to supply copies of documents not to apply to certain kinds of documents) which, unfortunately is not relevant in any case so cannot be used by Capital One as an 'excuse'.

Any Default Notice must be served to the debtor giving them at least 7 days notice to come to some arrangement, until such time no action may be taken against a debtor. As Capital One never issued a Default Notice to me at my home address the default was unlawfully registered against me.

The Defaulted amount was originally £200 yet the amount showing as Default Balance is £440, as such I believe I am allowed to place this account into dispute whilst I investigate claiming back unfair charges which evidently makes up the difference from £200 to £440.

I must also remind you that only one Default is permitted per debt; as you have already added an unlawful and incorrect Default against me you must remove it immediately, obviously with no possibility of it returning due to the original errors at your alleged issuance and subsequent registration with the CRA's.

As a result of the above, I now formally place this account into dispute.

You should also consider this letter as a statutory notice under s.10 of the Data Protection Act 1998 to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with the three (3) Credit Reference Agencies. Should you refuse to comply, you must provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’; you must outline your reasoning in this matter and state upon which legislation this reasoning depends.

Regards to the issuance of Default Notices, my recent reply from the OFT is quoted as follows:

"We note your concerns that in the absence of a copy of the original agreement someone's liability for a debt can only lead to further query. However in circumstances like this we would view it as unfair practice under section 25(2) (d) of the Act and relevant to licence fitness if a trader failed to investigate and/or provide details as appropriate when a debt is queried or disputed"

This is self explanitory and covers what I have been saying all along, a Default cannot be issued without sight of a Default Notice - the Default is unenforceable without a true copy being in existence. As I have requested a copy on 3 separate ocassions and you have failed to respond each time I now consider enforcing removal via the County Court.

Obviously neither of us want to take this through litigation, and I therefore propose two options for you to consider;

Option 1:
You agree to remove all associated data from the credit reference agencies.

Option 2:

You disagree and wish to enter litigation over an alleged (satisfied) debt of £200.

Option 1.

As the disputed balance was indeed disputed (statutory notice under section 10 of the Data Protection Act, to cease processing any data in relation to this account), the balance was never paid as I was awaiting additional correspondence. The balance was never left due to any kind of fraud or negligence but due to the amount being in dispute. As a result, should I decide to take this through the County Court there is a high probability that my argument will become enforced.

Taking into account everything I have said, your clear lack of Consumer Credit knowledge and the unlawful practice of taking payment on a disputed account I feel it would be best for both parties if this matter is resolved amicably, without the need of litigation, for an amount of £200 that has been paid.

I confirm I am more than happy to close all communication with the promise of no further action against you so long as you agree to, and ensure that, the following actions will be carried out;

• The Default Notice will be removed
• The Status of the account will change from “Defaulted” to “Settled”
• The Current Balance will appear as £0.00
• The Default / Delinquent Balance will be set to £0.00
• There will be no date in the “Defaulted Date” field (as it will be removed)
• There will be no date in the “Date Last Delinquent” field on the report
• This will apply to all 3 Credit Reference Agencies, namely Experian, Equifax & Call Credit

If you're happy with my proposal, please respond confirming each of the above points on official letter headed paper, and I will respond confirming closure by return.

If you refuse then I will take legal action against Capital One beginning with enforcement to provide a true copy of the alleged Default Notice, which you have clearly proved that you do not have. If you do happen to provide one at a later date, in Court, this will strengthen my case against you because you will have committed an offence for non issuance within the prescribed timeframe thus resulting in the alleged debt becoming unenforceable with a full refund plus costs likely to be awarded to me.

Option 2.

I note that your company has placed a 'Default Notice' against an alleged account I held with you to which I have no recollection of ever receiving such a notice, and I therefore require you to substantiate this data.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit. Your obligation also extends to providing a statement of account. I enclose a £1 cheque to cover the statutory fee.

2. You must also supply me with a signed, true certified copy of the original default notice and Notice of Assignment.

3. You must supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

Also, bringing the case back, retrospectively, the account continues to be in dispute and as such the Default is not only in breach of the Consumer Protection From Unfair Trading Regulations 2008 and the Office Of Fair Trading debt collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998.

As you are now in default of my Consumer Credit Act request (original request) and OFT Debt Collection Guidelines, I consider this account to be in serious dispute and remind you that whilst the alleged Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law. Consequentially any legal action you pursue will not only be fully and vigorously defended, it will also be averred as both unlawful and vexatious.

By pursuing me for the debt, whilst the account was formally in dispute, I am of the opinion that constituted a violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines and the Consumer Protection From Unfair Trading Regulations 2008.

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee and then remove the incorrect entry from your systems.

Remember, this letter is to be classed as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

Should you refuse to comply, you must within 21 days, provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’; you must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you not respond within 21 days I expect that this means you have agreed to remove all such data.

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and as such the following applies.

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.
* Any payment previously made should be refunded immediately.
* You may not add further interest or any charges to the account.
* You may not pass the account to a third party.
* You may not register any information in respect of the account with any credit reference agency.
* You may not issue a default notice related to the account.

I do expect you to select Option 1 and remove all data from the credit reference agencies, resolving this amicably without the need for litigation and embarrassment on your behalf. The alternative, I have nothing to lose and will seek to redress this, plus my costs, through the County Court bearing in mind your gung-ho attitude and evident lack of knowledge of the Consumer Credit Act 1974.

I look forward to your response, within the quoted timescales.

Yours faithfully,

marcellep
(sign digitally - don;t give your real signature to them!)

never-in-doubt

Addition to the above:

The Acts quoted are found here:

1. CCA 1974 - s.39
2. The Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983