Paying off my cards

Tonylpool

Hi guys, hope everyone is well!

Working through my old debts now with varying degrees of success! 2 'arrangement to pay' indicators have now gone!

I do have a default on my credit file from T-Mobile with £21 outstanding. I have paid this amount today to at least show it as satisfied, however when I wrote to them and asked them to remove it because they never sent me an original default notice, they say they dont have to send one because they are exempt from the CCA 1974 - does anybody know of this?????

They sent me a final demand from Moorecroft for £40 in October 2008 which I paid, however it transpires that my last statement balance was £21 - is there anything I can do to rectify a default for such a small amount?

Any help appreciated!

Tony

never-in-doubt

Tonylpool wrote: »

Hi guys, hope everyone is well!

Working through my old debts now with varying degrees of success! 2 'arrangement to pay' indicators have now gone!

I do have a default on my credit file from T-Mobile with £21 outstanding. I have paid this amount today to at least show it as satisfied, however when I wrote to them and asked them to remove it because they never sent me an original default notice, they say they dont have to send one because they are exempt from the CCA 1974 - does anybody know of this?????

They sent me a final demand from Moorecroft for £40 in October 2008 which I paid, however it transpires that my last statement balance was £21 - is there anything I can do to rectify a default for such a small amount?

Any help appreciated!

Tony

T Mobile do not conform to the CCA - they are not a lender, they are a telecommunications company. They are quite right.

You need to be asking them nicely to remove it and try the nicely-nicely approach...

Tonylpool

never-in-doubt wrote: »

T Mobile do not conform to the CCA - they are not a lender, they are a telecommunications company. They are quite right.

You need to be asking them nicely to remove it and try the nicely-nicely approach...

Cheers NID, helpful as always! I'll try that because if they'd asked for that figure then they would have got it at the time!

I've reported Crappy 1 to the FOS and ICO and will keep you updated on events!

Cheers

Tony

M_Thomson

Sorry, I may be missing the plot here, but why should a bank remove a default notice or a notice of arrangement if you have not been paying on time, or are late in paying/agree to pay a lower amont than the monthly payment? Especially when you have the money to pay them back.

Tonylpool

M_Thomson wrote: »

Sorry, I may be missing the plot here, but why should a bank remove a default notice or a notice of arrangement if you have not been paying on time, or are late in paying/agree to pay a lower amont than the monthly payment? Especially when you have the money to pay them back.[/QUOTE

Because of their failure to comply with the requirements of a statute Act ie CCA 1974 on the basis that they have never informed me of a default or the chance to remedy any breach]

never-in-doubt

M_Thomson wrote: »

Sorry, I may be missing the plot here, but why should a bank remove a default notice or a notice of arrangement if you have not been paying on time, or are late in paying/agree to pay a lower amont than the monthly payment? Especially when you have the money to pay them back.

Having the money to pay back is irrelevant. Whether the lender complied with law, is key. s.87 of CCA(1974) is highlighted below for your perusal....

"Section 87(1) of the 1974 Act allows the creditor to send you a default notice giving you fourteen days from the date you receive it to pay the arrears. The default notice must contain all of the necessary information under the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 ('the 1983 Regulations'), which includes;

• a statement saying the notice is a default notice served under section 87(1) of the 1974 Act
• a description of the agreement
• the name and address of both the debtor and the creditor
• details of the breach (i.e. late payment) and, if the breach can be remedied, the date by which it must be remedied or, if the breach is not capable of remedy, the amount required to be paid after the expiry of the specified date;

MACO_2

Hi N-I-D,
Once again thanks for all your help, I am very grateful. I am wondering what your views are (or anyone that wishes to comment) on this letter below. It is from a debt collection agency, after sending them the third letter. They sent me a copy of a credit card application form a month ago and are claiming the debt relates to a current account, (I honestly cant remember if this is the case or not)
Thanks Maco

It reads as follows:

I acknowledge receipt of your further letter dated 5th January 2010 regarding the above account.

I am somewhat confused as to why you are continuing to request a copy of the credit agreement in relation to the above account. As stated in my previous letter of the 27th November 2009, our clients have advised us that it is their understanding that this account relates to a current account it would not be covered by the CCA regulations you have quoted in your letter.

Our clients have also confirmed that the document they have provided was a copy of your application for the associated credit card related to the original account. Our client merely provided this document in an attempt to assist you further in this matter.

I have also noted from our records that you have been making regular payments to the account for many years so I am somewhat surprised that you have only recently requested documentation. In order for me to bring this matter to a resolution I would ask you to please clarify your reasons for making the above request and if you are in fact disputing the account was actually opened by you.

Please be reassured that we are more than happy to accept any reasonable offer of payment in relation to your account or assist you in solving any genuine disputes in relation to this matter and I hope that we can now enter into a dialogue to move forward with regard to this account.

never-in-doubt

MACO wrote: »

Hi N-I-D,
Once again thanks for all your help, I am very grateful. I am wondering what your views are (or anyone that wishes to comment) on this letter below.

Answered here mate: #1373

Just ask the same question once, the above link is my thread and so I will be there - just be patient!

Tonylpool

Hi everyone, I hope all is well!

My latest debt that I want to clear - I never knew that paying money and getting problems resolved could be so difficult - is an old HP agreement to Barclays Partner Finance. Current outstanding balance is £508.94.

They issued a default on this debt back in December 2006 which I am not too concerned about it getting removed based on the age and also the fact that I'd just moved house and they may have issued it correctly. However, I have made them an offer of £325 which they have accepted in F&F provided it is paid in the next 21 days. I said that this offer is made on the basis that any other amount is written off as interest and that the default will be marked as 'paid in full'. They have not confirmed this in their letter however the fact that they have accepted the payment, can I assume that they have also accepted the terms made with it?

Its just a small debt that I'd now like to clear. Would even a partially satisfied default dated December 2006 be much of a detrimental effect on my file?

Cheers for anyone's help as always!

Tony

never-in-doubt

Tony why pay it? A satisfied default means the same as an outstanding one mate - makes no difference....

If you want to waste £300+ please PM me and i'll give you my address.