Paying off my cards

Tonylpool

I have asked them to provide the default notice using the template letters but they have failed to produce it. The next step was to send a SAR request

never-in-doubt

Tonylpool wrote: »

I have asked them to provide the default notice using the template letters but they have failed to produce it. The next step was to send a SAR request

Thats what i'm asking, who said that was the next step? It isn't!

It is pointless fighting defaults, if you send the letter (on the unenforceable thread) and they reject it, then forget it. Unless you fancy taking them to court (remember the recent court ruling, McGuffick v RBS) then you have to accept that a default will be left on your credit file, whether issued lawfully or not.

A SAR will achieve nothing, you do realise to satisfy the SAR they can simply add a statement saying they issued a default notice - the actual notice does not need to be there. I argue that it should and use the law to agree with this but unless you fancy spending thousands proving it then i'd suggest you walk away at this stage.

Sorry but that's the way it is. :rolleyes:

Tonylpool

Crappy 1 claim that they sent it by Recorded Delivery, something which they have not provided proof of. However, the thread did state a SAR request would go some way towards eventually removing the default.

My arguement is that the 2 defaults have been issued this year - at times when I approached them and made increased payments - some 3 years after I went on a payment plan with both of these.

Do you agree that I should pay the amounts in full and at least have them marked as satisfied?

never-in-doubt

What thread mate? I am confused as to where you're getting the info...?

A SAR is nothing, it basically tells the lender to send a copy of whatever they have about you. If they never sent a default notice and add a note on the system saying one was issued, that can be upheld as genuine (wrongly but still, I dont make the law).

I thought in one post you said it was up to date and in another you say it is defaulted? Is this 2 accounts and you're mixing them up?

The one that is defaulted, you need to check if they have the CCA - forget the default. The one that is upto date, pay it and clear it to restore your credit file in that respect.


Edit: Sorry - I remember this now!

You need to complain to the governing bodies for default removal due to the fact they cannot add one if you were never in arrears with any agreement set in place at the time, i.e. if they say you can pay £50 per month and you make all payments they cannot default you - simples. Only if you miss payments can they proceed with default, at the end of the day you would not have defaulted the agreement if you wanted to pay more! I think I stated before you need to report this to the FOS mate and even the ICO and get them to ask that they remove the incorrect defaults.

Tonylpool

Thanks NID - I know you help a lot of people on here and really grateful for your help!

Since I ran into difficulties in 2006, I have always paid an agreed amount with my creditors of which both of these (Crappy 1 and Lloyds) froze interest. As my circumstances changed, I have always looked at increasing payments to clear debts sooner rather than later. In Nov 2008 Lloyds said £5 per month was acceptable however I have continued to pay £13.39 per month and wrote to them to advise them of this. They issued the default in Feb 2009.

Crappy 1 were being paid £3.38 per month and in July 2009, I rang them and offered £35 per month which they wrote back and accepted this pending a further review in June 2010. At this point they issued the default

Crappy 1 have sent a copy of what they think is my CCA, however it dos not contain a signature and also lists charges which only came into effect with them in August 2006. My agreement was in March 2006.

Should I pay them and report them accordingly to get the entries moved?

Cheers NID

never-in-doubt

You should carry on paying and then go to the regulatory bodies mate and report them officially. Best case, they will get a £500 fine from the FOS.

You need to detail exactly what happened - you only get one chance to totally get your story across, when the regulatory body gets in touch with them you have a better chance of the person spotting the error and fixing it.

The FOS and ICO would be your first port of call.

Do not give them any reason to leave the default - so pay it as usual.

Tonylpool

never-in-doubt wrote: »

You should carry on paying and then go to the regulatory bodies mate and report them officially. Best case, they will get a £500 fine from the FOS.

You need to detail exactly what happened - you only get one chance to totally get your story across, when the regulatory body gets in touch with them you have a better chance of the person spotting the error and fixing it.

The FOS and ICO would be your first port of call.

Do not give them any reason to leave the default - so pay it as usual.

Thanks mate, I have the money to settle both debts in full, would there be a benefit to doing this or would it prejudice getting the entries removed?

never-in-doubt

Tonylpool wrote: »

Thanks mate, I have the money to settle both debts in full, would there be a benefit to doing this or would it prejudice getting the entries removed?

Just pay what you agreed at the moment - you can use this later to bargain the balance in exchange that you don't seek legal advice for Libel being they have incorrectly issued a default on a debt-in-progress (i.e. you had a pre-payment plan in place and never broke it)......

Just report them for the time being and explain you never broke any part of the agreement and was never notified of any default notice; if you were aware of this you'd have paid in full.

Explain that you had agreed a prepayment plan that suited both parties and as a result was promised a default would not be issued being the account never actually entered default status. Then all of a sudden you got a default when you increased the repayments, after speaking to their customer service dept.

You have tried, unsuccessfully, on numerous occasions to get someone to sort this matter out but to date it remains. Obviously being they are incorrect, they should be removed in their entirety.

Finish by saying 'I think it would be in everybody's interests if I paid these accounts in full; however I am only prepared to do so upon correct removal of the unlawful default'.

See what happens

Tonylpool

Thanks NID, do I ring both of them and tell them that I have reported them?

I have wrote and spoke to them and asked that the easiest way to conclude this would be if I paid them and they removed the default. As usual, they are saying that the default cannot be removed!

never-in-doubt

Tonylpool wrote: »

Thanks NID, do I ring both of them and tell them that I have reported them?

I have wrote and spoke to them and asked that the easiest way to conclude this would be if I paid them and they removed the default. As usual, they are saying that the default cannot be removed!

Mate all you do is pay what you agreed and do not speak or write anymore - they will never agree to remove the default, you need to report them. They will know soon enough that you've taken this action; you ignore them but continue to pay!

Good Luck