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Sub Prime Credit Thread Part III
Comments
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duggie1982 wrote: »Cool I think I will just leave it then after all its only a year plus I use my sisters non sub prime credit card the now until they all drop off.
Although should the notes on my credit file still come of next year even though its not defaulted yet?
Thanks for the advice. :T
Yes mate, I did explain this in detail where I said that a debt has to call into one of 2 categories and this will be statute barred or default. If they are live accounts then it is different process (i.e. the data should be removed but does not have to if they argue)
To be honest, i'd be looking to ignore them until over 6yrs have passed since you last made a payment then send the statute barred letter and see how you get on.
If they argue it then just come back here and we'll get round it..... bottom line is that they could play silly beggars and report account activity but as it would be over 6yrs old you can argue for s.10 cease & desist as a result of there being no lawfully binding contract anymore thus they should cease processing data.
Does that make any sense to you mate? sorry - its hard to type as I mean it to sound! :rotfl:2010 - year of the troll
Niddy - Over & Out :wave:
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Do you mean the 4th letter from in that thread even though the account is not in default?
I just really think that DMP note is really not helping my chances of getting credit. Would you send it to Cahoot or to the cred reference agencies aswell who arent replying to me in their guidline times?
Cheers btw
Yes but you amend it to suit mate, so you;d remove the default text and replace with account in dispute text......
is the debt over 6yrs old?
who reports what?
any defaults?
last payment date?
then i'll be able to help better - cheers2010 - year of the troll
Niddy - Over & Out :wave:
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never-in-doubt wrote: »Yes but you amend it to suit mate, so you;d remove the default text and replace with account in dispute text......
is the debt over 6yrs old?
who reports what?
any defaults?
last payment date?
then i'll be able to help better - cheers
This is just for Cahoot. No other creditor has any such notes.
The debt is 5 years old.
Special Instruction Indicator: Debt Management Programme Special Instruction Start Date: 01/11/2003 Special Instruction End Date: 01/11/2008
The account is not in default it says satisfactory. Balance £0 limit £4000
Last payment was in October or November last year.0 -
This is just for Cahoot. No other creditor has any such notes.
The debt is 5 years old.
Special Instruction Indicator: Debt Management Programme Special Instruction Start Date: 01/11/2003 Special Instruction End Date: 01/11/2008
The account is not in default it says satisfactory. Balance £0 limit £4000
Last payment was in October or November last year.
Right mate so you had a 5yr DMP, that is what the dates mean. Question here is; when did you last make a payment to the account? It will drop off 6yrs from then, not in November mate as the account is still technically live.2010 - year of the troll
Niddy - Over & Out :wave:
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never-in-doubt wrote: »Yes mate, I did explain this in detail where I said that a debt has to call into one of 2 categories and this will be statute barred or default. If they are live accounts then it is different process (i.e. the data should be removed but does not have to if they argue)
To be honest, i'd be looking to ignore them until over 6yrs have passed since you last made a payment then send the statute barred letter and see how you get on.
If they argue it then just come back here and we'll get round it..... bottom line is that they could play silly beggars and report account activity but as it would be over 6yrs old you can argue for s.10 cease & desist as a result of there being no lawfully binding contract anymore thus they should cease processing data.
Does that make any sense to you mate? sorry - its hard to type as I mean it to sound! :rotfl:
Ok I think I know what you mean. The 1 o2 account I have seems to be still live as never defaulted since 2003 so the 5 years in scotland have passed. I think i'll just wait till it drops of the CRA's and if it dont, then i'll send the statue barred letter.
Better not to open a can of worms lol0 -
never-in-doubt wrote: »Right mate so you had a 5yr DMP, that is what the dates mean. Question here is; when did you last make a payment to the account? It will drop off 6yrs from then, not in November mate as the account is still technically live.
Well last payment was October last year. But Cahoot said they would remove it. I was understanding that a DMP was an informal agreement and that because its informal any notes would be removed after it was completed. Cahoot have always agreed that they should remove it after ive finished paying them its just they constantly say they in the the process of doing so. Their last response was that it would be removed by the first weekend in May.0 -
duggie1982 wrote: »Ok I think I know what you mean. The 1 o2 account I have seems to be still live as never defaulted since 2003 so the 5 years in scotland have passed. I think i'll just wait till it drops of the CRA's and if it dont, then i'll send the statue barred letter.
Better not to open a can of worms lol
Yea so cos you're 5yrs into it, after 6yrs of no activity you can enforce removal due to end of contract of terms. In essence, they cannot enforce liability for the debt anymore - its gone, forever meaning they cannot add a default either.
I'd write to the CRA pointing out the account is now statute barred (scotland law) and request immediate removal of all account details. see what they say and post back mate - PM me so I dont miss it though...
we can get the cra to take it off for you, may be easier lol :eek:2010 - year of the troll
Niddy - Over & Out :wave:
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Well last payment was October last year. But Cahoot said they would remove it. I was understanding that a DMP was an informal agreement and that because its informal any notes would be removed after it was completed. Cahoot have always agreed that they should remove it after ive finished paying them its just they constantly say they in the the process of doing so. Their last response was that it would be removed by the first weekend in May.
Ok, then in your case i'd be writing to them requesting they remove it, in line with what you were promised on several ocassions. Then go on to say that if necessary you will consider MCOL requesting enforcement of removal plus costs.
Just send it to the right dept to ensure they can and will deal with it for you!
It should be easy process mate... have you got any letters from them promising to remove the data? Or was it verbal?2010 - year of the troll
Niddy - Over & Out :wave:
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never-in-doubt wrote: »Yea so cos you're 5yrs into it, after 6yrs of no activity you can enforce removal due to end of contract of terms. In essence, they cannot enforce liability for the debt anymore - its gone, forever meaning they cannot add a default either.
I'd write to the CRA pointing out the account is now statute barred (scotland law) and request immediate removal of all account details. see what they say and post back mate - PM me so I dont miss it though...
we can get the cra to take it off for you, may be easier lol :eek:
Ok mate will get right on that to see what the cra's say, after all they can only say no. Just a normal drafted letter to the cra's then?0 -
never-in-doubt wrote: »Ok, then in your case i'd be writing to them requesting they remove it, in line with what you were promised on several ocassions. Then go on to say that if necessary you will consider MCOL requesting enforcement of removal plus costs.
Just send it to the right dept to ensure they can and will deal with it for you!
It should be easy process mate... have you got any letters from them promising to remove the data? Or was it verbal?
I have the emails still so I can always use them to confirm that they said they would do it. But they keep promising me it will be removed by such a time and it never gets done and ive been waiting months. Just was wondering if I should keep being patient.
Whats MCOL btw?
Its collections that deal with it but I can never email them direct. I just have been emailing customer services who forward it to collections, who send it back to customer services to send back to me.0
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