can i get defaults removed off my credit file?

hi,

was wondering if anybody could help me. I am trying to get my credit score improved as it is only 170 at the moment which is terrible. I got into loads of debt 4 years ago with credit cards, catalogues etc and stupidly just never paid them back and ignored all the letters etc. I know that was a stupid thing to do, but only being 18, and very naive thought that if i just ignored them they would go away.

This has now resulted in about 10 defaults and one county court judgement. last year i decided to start paying my debts off and to try and get it sorted, i did this through payplan who distribute my payments between my creditors. Now having grown up and had children i am now wanting to get a mortgage but that is totally impossible given my circumstances so in the meantime trying to fix my credit score as much as i can.

Is there anyway i would be able to get these defaults removed if the debt was satisfied? I have managed to clear 2 of my debts myself as the creditor offered me a 70% discount if i could settle the account in full which i did but i am obviously still defaulted on both accounts. Is there anything i can do about the county court judgment either?

I know this situation is entirely down to my own stupidity, but it is very hard to move on as this affects you for years.

Please please help me

thanks x

Comments

  • hi
    i believe the defaults stay on your file for 6 years however im not sure if thats 6 years from the date of default or 6 years from when the account which got the default is settled
    anyway this will help bump your post and hopefully someone who knows more will come along and clarify this for you
    well done on dealing with your debts
  • niccatw
    niccatw Posts: 3,096 Forumite
    Part of the Furniture Combo Breaker
    I think it is from the date of default, but PayPlan should be able to clarify this for you.

    I think the CCJ also stays on file for 6 years.
    Jan10: 28,315.81 Jan11: 18,015.32 Jan12: 7,682.58 Jan13: 2,987.73 Current debt: 1,225.55
    HFC [STRIKE]1896.10. [/STRIKE] 225.55 SLC2 [STRIKE]5123.34[/STRIKE] 0 Others [STRIKE]2085[/STRIKE] 1000 Bcard [STRIKE]1172.60[/STRIKE] 0

    Mike's Mob
  • DarkConvict
    DarkConvict Posts: 6,346 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    edited 28 February 2010 at 2:46AM
    Defaults and CCJs will stay on your credit report 6 years from the day they were placed.
    These (defaults) can only be removed in 4 ways, without waiting 6 years. These are in a way loopholes, as if you did really default and stop paying, the default was placed for the correct reason and generally you are stuck. Sorry, that's why defaults exist, to warn other creditors.

    1) You asks the creditor that placed the default for it to be removed as part of a full and final settlement offer, its rare they accept but sometimes they do. Here is a template letter by NID, written in Jan 2010.

    2) The creditor did not follow the procedure for placing a default, difficult to prove but sometimes worked. They must send you a default notice (example)before placing the default, if you did not receive one the default is invalid and should be removed. The only way you can prove it yourself (as you cant really prove you didnt get one) is to send a SAR (example) to the creditor, if they don't send you a copy of the notice then likely they never sent one originally. A Sar costs £10 so 10x£10 = £100, so if you try it, do be selective.
    They may still refuse to remove it, in which case you contact the CRA (Credit Reference Agencies) Experian, Equifax and CallCredit to ge tit removed, and ICO (Governing body on data).

    3) Creditors have by fairness guidelines by the OFT got 6 months to place the default on your account (default in this respect meaning last payment), if a default is placed on your credit file over this limit, it is considered unfair. You wouldn't want not to have paid for 4 years, then they give you a 6 year default, whilst not affecting you for the first 4 years its not fair that actions that far back would affect you for a further 6 years (kinda of like 10 in total)

    4) If a default was placed when no CCA is valid for the accounts, costs £1 to check for the CCA but this can be a long winded route with lots of letters, template is here. But the full path of checking for CCA agreements is here
    Satisfied vs unsatisfied defaults, don't make much of a difference, why, it shows you have defaulted on your contract which puts you in a sub prime category for just having 1 default.

    But in all honestly, with having 10 defaults i cannot see you getting rid of them all, you will have to concede to waiting for them to drop off after 6 years before going for the mortgage, as even one is going to give you a worse interest rate costing you £100s or £1000s in interest.
    Although no trees were harmed during the creation of this post, a large number of electrons were greatly inconvenienced.

    There are two ways of constructing a software design: One way is to make it so simple that there are obviously no deficiencies, and the other way is to make it so complicated that there are no obvious deficiencies
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