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Good Evening,

First of all, I must appologise if this is a thread that you see appear many times here on these forums, and I do appologise if I cause aggrovation to those who see fit it telling me that this has all ready been covered elsewhere. I digress, so here goes...

In the year 2004. A then partner and I thought about a loan. She managed to get one through Welcome Finance (WF) however she needed my name as a "witness" so, being the nieve student i was back then, i went down and signed.

2005 - Inevitablility shows its head and we split up. Later in that year I keep on recieving phone calls from WF asking where she could be found or contacted. I supplied all the information i could and a week or so later, no more phone calls. Nothing! Not A Damn Thing! IM FREE!!

2009 -I descover Credit Expert. JOY! Sign up and log in, check my report and BANG! Defaulted Account With WF! How?! I wasnt even told!!

F***!

I send an email to CE to question the accuracy of the details WF hold on me as recards the Default and a couple of days later, i have a lovley email back from customer services at CE telling me "We will contact them for you"

A couple of days later, I recieve a letter from WF stating "its a joint account, your liable!"

B*******!

The last paragraph on the letter writes and i quote :

"Should you remain dissatisfied you have the right to escalate your complaint to the Financial Ombudsman Service within 6 months of the date of this letter"

The date then was 30th September (ive taken ages researching and phoning and all that you can name and not a damn thing to help)

So I am seemingly now the Guarentor if the account which stands at £1400+ remaning balance!

What makes me very angry is the fact that I wasnt contacted once about any involvment I had with the loan, or responsibility. No reminders, no letters, just the previous odd phone calls asking for the then partners contact details!

Basically. Is there anybody here been in a similar situation and is there anyone that can offer advice and guidence into how i can get this default removed?

yes i am a nooby and i do appologise, like i said at the start if you have seen this a hundred times, regardless, your help, if any, is very much appreciated!

Mike

Comments

  • nikki2804
    nikki2804 Posts: 2,670 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    If it had been over 5 years I beleive it would be statute barred (sp)

    As you have guarantored (sp) the loan then you will be held liable. If you weren't told then I would escalate it to the ombudsman!
  • Credit Expert tells me it was defaulted in 2006. so thats 2012 when its automatically taken off....:(

    I was hoping someone would say that abou the lack of contact. Seems to be the only valid case I have against it.
  • Kazipoo
    Kazipoo Posts: 806 Forumite
    Perhaps it would be in your best interests to get a copy of the agreement that you signed. I think, but I'm not sure, that the onus is on you to read anything you sign and I really don't think it helps your case that you actually went to the offices to sign as a "witness". I am sure someone more capable will be along soon to give you the relevant information.
    Starting weight 17st 4lb - weight now 15st 2lbs

    30lb lost of 30lb by June 2012 :j:j:j (80lb overall goal)

  • I am in full agreement. Unfortunatly i was extremely nieve back then and signing paperwork didnt exactly recieve my full attention. Needless to say, im paying for it now! :)

    Thank you for your help so far, apprieciated :)
  • Kazipoo
    Kazipoo Posts: 806 Forumite
    Maybe you could consider taking legal action against your old girlfriend. Perhaps you could get in touch with her and tell her that you are seeking additional compensation because of the damage it has caused to your credit?? It might scare her into fessing up and paying the loan??
    Starting weight 17st 4lb - weight now 15st 2lbs

    30lb lost of 30lb by June 2012 :j:j:j (80lb overall goal)

  • Oh, now i like that idea!

    Ill look into that.

    Ive tried contacting her before, but i never get far enough to actually get to ask about the subject.
  • Ames
    Ames Posts: 18,459 Forumite
    There are procedures they have to follow, they're not supposed to register a default without telling you. I'd repost on the debt free wannabe board, there are people who are really clued up on the law there.
    Unless I say otherwise 'you' means the general you not you specifically.
  • Sam_G_3
    Sam_G_3 Posts: 177 Forumite
    Kazipoo wrote: »
    Maybe you could consider taking legal action against your old girlfriend.

    Judgy Judy style! :D
    Kazipoo wrote: »
    Perhaps you could get in touch with her and tell her that you are seeking additional compensation because of the damage it has caused to your credit?? It might scare her into fessing up and paying the loan??

    Even if she pays him (which it sounds highly unlikely that she will), his credit file is still f*cked! :(
  • Kazipoo
    Kazipoo Posts: 806 Forumite
    Sam_G wrote: »
    Judgy Judy style! :D



    Even if she pays him (which it sounds highly unlikely that she will), his credit file is still f*cked! :(

    Could he not then approach the FSA or the financial ombudsman to have the default removed? Also, sometimes just writing to the company concerned can get it removed. I imagine they won't be too fussed about doing that as long as they are getting paid??
    Starting weight 17st 4lb - weight now 15st 2lbs

    30lb lost of 30lb by June 2012 :j:j:j (80lb overall goal)

  • Credit Expert wrote to them on my behalf about 2 weeks ago. Had a lovely letter which pretty much sad "no chance, take it to Ombudsman!"

    So, I think id better take that advice, and give it a try.

    Thanks again :)
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