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Default Removal Please Help!

H,

In my previous years i was iresponsible with my finances, however i am now all sorted and looking to clear up my credit file and move on with buying a house etc.

At the moment i have following defaults on my credit file,

Exeprian:

Default issued by: Credit Account Managment
Default Date: 30/12/2007
Amount owed: £302.00

Equifax:

Default issued by: Phoenix Recoveries
Default Date: 30/12/2007
Amount owed: £302.00

It looks liek the above 2 are the same.

Equifax:

Default issued by: Lowell Portfolio 1 Ltd
Default Date:10/05/2008
Amount Owed; £747.00


I am now in a position to pay the debts off, but before i do i would like to know if anyone could help me go down the route of proving the default was unenforceable.

I was going to try and negotiate with the DCA's and ask them if they would accept full payment for the default being removed but if i asked the question now i would be acknowledging the debt and i would be still in the same situation all bar a settled default.

Thanks in advance for your help on either way.

A

Comments

  • Sorry to say your not going to get them removed.

    Best bet is to wait out the remaining 4 years and use that time to sort your finances and come out the other side having learnt something, I am in a similar position and have another two years to go.

    What makes you think the defaults were uninforceable ? A court has judged that you are liable and therefore the defaults remain.
  • Hax
    Hax Posts: 890 Forumite
    A court has judged that you are liable and therefore the defaults remain.

    I don't think defaults go through the courts - sounds like you're thinking of CCJs.

    WRT defaults: if you have the debt and have fallen sufficiently behind on your payments, then you have defaulted on your credit agreement. I'd be surprised if they get removed - they're a statement as to how you have run your accounts - and it sounds like they're accurate too.

    Just have to wait until they disappear.
    My posts are my own opinions based on my experiences and info gathered from sites such as this.
    They are not a substitute for professional financial advice - but you knew that already didn't you? ;)
    VSP 2011 - Member #25 - Started 6th December 2010 - Total As Of 4th May 2011 (21 weeks in!) - £323.67/£500 - So far so good!
  • Tixy
    Tixy Posts: 31,455 Forumite
    If you went down the route of looking at whether the debts were unenforecable this would not get the defaults removed. Even with a UE debt the creditor are still allowed to process a default and update your credit file.

    You could ask the creditors for a copy of the default notice that they sent out prior to registering the default and consider looking into whether the default notice was legally compliant - if not they you might have grounds to getting them removed from your file (though you would still owe the money of course).

    As to negotiating paying off the debt in return for the default being removed some people have had success with this tactic in the past. It could certainly be worth a try but don't be surprised if they won't go for it.
    A smile enriches those who receive without making poorer those who give
    or "It costs nowt to be nice"
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