Sub Prime Credit Thread Part III

never-in-doubt

PROLIANT wrote: »

Can you volounteer? Or do you have to bump every body first?

it says to ring them...... its worth it on an 0800 number..

Sounds too good to be true?
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¨ Call us at 0800 051 4109 or
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¨ You will receive a Special Credit to reduce your balance.
¨ Apply for the Rise Visa® credit card and sign the Credit Agreement.
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fairmorn308

never-in-doubt wrote: »

Not after 6yrs they will not! Also, it would statute barred, you'd assume in which case the entry will also be deleted.

If money was last paid before the default date then statute barred will occur first and thus remove the entry before the actual default date.

Fairmorn, what is the default date and what date did you last make a payment? This will determine what date the entry will be removed.



Can you elaborate please mate - they can't do this! One debt = One default. They cannot add and remove them at will.........

hi

I managed start of last year to get the default removed from my file etc and start of this year i lost court cause with them etc for the same debt due to reclaiming for charges etc and after the court case they issed the default back on my file but from when the default start which was november 2003.

never-in-doubt

fairmorn308 wrote: »

hi

I managed start of last year to get the default removed from my file etc and start of this year i lost court cause with them etc for the same debt due to reclaiming for charges etc and after the court case they issed the default back on my file but from when the default start which was november 2003.

Ok that is correct then, they removed the derogatory data whilst the account was disputed - this is what should happen but sadly not many lenders do it, thus the secret to get round the system is to put the defaulted account into dispute wait for the lender to remove the default then you apply for all the credit you need and then the default reappears!

Is this a credit card? Why did you go to court, they would simply refund the difference - i'm confused here

In your case though, when, specifically did you last make a payment to the account - was it after Nov 2003?

fairmorn308

my last payment was before nov 2003, es it is a credit card but i managed to get same credit card again while the default was removed etc.

Reason went to court as was disputing the amount they were willing to pay due to them selling the debt on to someone else and they said they were willing to pay me full amount but on my behalf pay the 3rd party what there due and the remaining to myself. I declined and wanted full amount as i managed to get the default removed from the 3rd party

never-in-doubt

fairmorn308 wrote: »

my last payment was before nov 2003, es it is a credit card but i managed to get same credit card again while the default was removed etc.

Reason went to court as was disputing the amount they were willing to pay due to them selling the debt on to someone else and they said they were willing to pay me full amount but on my behalf pay the 3rd party what there due and the remaining to myself. I declined and wanted full amount as i managed to get the default removed from the 3rd party

Right ok, so can you remember when you last paid - just the month and year? Regards to the reasons of court this is wrong, its quite simple that if you paid more than £12 then you ask for the difference from what you paid to the £12 limit and also ask for full reimbursement for excess charges, i.e. 3 a day and the like!

All charges should be paid by cheque to the claimants home address and cannot be used as part payment towards the debt. Anyway, that seems to be dealt with so best to just leave it alone.

If you can confirm the last date you made a payment then i'll post the letter you should send to get the default removed and the exact date in which to send it off as well. :beer:

p.s. i'd seriously not go looking for charges - i'd be saying draw a very thick line underneath the whole thing and walk away with no default. Pursue things and they could refuse statute barred due to acknowledgement of the debt and if anything is owing they could play silly beggars and re-register a new default which would mean you taking it to court to get it removed - i.e. more money spent unnecessarily!

fairmorn308

i honestly cant remember when i last paid them i think your talking back in start of 2003.

Am i not worth leaving it till i see if they remove it from my file in november or should i write to them about it tho?

never-in-doubt

fairmorn308 wrote: »

i honestly cant remember when i last paid them i think your talking back in start of 2003.

Am i not worth leaving it till i see if they remove it from my file in november or should i write to them about it tho?

Start of 2003? i.e. like before August?

Nooooo - if it is statute barred then it is statute barred and so must be immediately removed from your credit file. Are you based in Scotland or England?

Who registered the default against you?

fairmorn308

scotland

The previous one was a DCA but the one now was Capital one themself but default says it started november 2003

never-in-doubt

fairmorn308 wrote: »

scotland

The previous one was a DCA but the one now was Capital one themself but default says it started november 2003

scotland = 5yrs! !!!!!!! Has no1 ever explained this to you before mate? Youve had a default sat there for a year unlawfully! I need to ask and be 100% accurate with your answer, have you ever admitted to this debt in the last 5yrs? Can you tell me the actual default date and the date that you started claiming charges?

(I hope the date you claimed charges was after 5yrs from first late payment! so assume you last paid Jan 03 - if you claimed charges after Jan 08 then fine. If before Jan 08 then may be an issue)....

Complicated but you can get it removed yesterday if you can tell me the dates!

fairmorn308

Well I started the claim for charges start of 2006 i think but it got delayed for a long time and i managed to get the default from the DCA removed last year but when i lost the court claim in jan this year they issued the default again under there own name.

You serious about only 5 years for scotland? Always thought it was 6 years tho.

exact date for default is 10/11/2003