Message for Never In Doubt - Unenforceability Templates

Jonesy_21

Hi NID,

I just wanted to pick your brains if I may – I am all new to this so please excuse my ignorance.

I have been reading your Unenforceability posts etc….and am very interested in them and wondered if you could offer me any guidance on this: -

Back in 2004 I entered into a DMP with Payplan. I entered in with two credit cards and a loan. I have paid all of this off now (finished in 2007). However, when checking my credit file I have noticed that one credit card and the loan have entered “Arrangement to Pay” on my credit file but the other credit card with Nationwide has had a default put against on my file. Both the Arrangement to Pay and the default have been placed in 2007 even though I entered into the payment plan in 2004. Is this because that is when I made my final payments to them? I always thought that things like that would go onto the file when I started the plan – i.e. 2004? Anyway, I was wondering if there was anything that can be done using your templates etc to get these removed, in particular the default. My boyfriend and I are applying for a mortgage in September and although my credit score is 900, I am worried that these things on my file will affect our chances of being approved.

Sorry for rambling and I hope it makes sense. Any advice or guidance you could give me would be gratefully received.

Thanks

Jonesy_21.

DarkConvict

CCA won't help you here, the accounts are settled so you can't actually do a CCA request.

Credit scores are pointless as each creditor scores you differently, don't bother paying for them, just know late payment < Defaults < CCJs < Bankruptcy/IVA/DRO. In that order is how they affect you. Its not just do i get credit or not but the interest rate you are charged.

If the accounts are settled write to the CC/loan company and ask for your file to be updated with the correct info.

As to the default, as he did default it can be difficult to challenge. Nonetheless CC/Loans MUST spend out a default notice before adding it to your credit file. E.G. - http://forums.moneysavingexpert.com/showpost.php?p=30208835&postcount=49
If this was never sent/received (you could send a SAR to get proof) then it was unlawfully applied and must be removed. Failing that...

They 'should' under OFT guidelines be placed within 6 months of you defaulting, i.e. making the below min payments. In your case the default was applied 3 years later therefore making the effect of the debt last longer by adding a late default. In this instance it would be best to contact OFT about the best way to proceed as you will need their backing to get the default removed under fairness guidelines.

Jonesy_21

Thank you Dark Convict - very helpful indeed.

So if I am reading your post right I should contact the credit card company and ask for a copy of the default notice that has been sent out, i must admit I don't ever recall receiving one, howevre I am going back to 2004. If they cannot provide a copy or proof that it was sent then I should ask them to remove it. If howevere, the can prove it was sent I should then contact OFT asking for the default to be investigated as it was applied 3 years later?

Do i have that right?

Thanks again