Should I pay my defaults even though i only have 1 year till they !!! off credit file

kewns

Hello,

I have 3 outstanding defaults on my credit file,
which i mantain low monthly payments for though cccs,
i have recently done a credit search thought both companys experian and eqailfax and they both have the above debts but eqilfax have two other debts which i do not kno0w about and have not been paying them,

one being a carphone warehouse contract taken out in 2002 and everything single month is red with 4 payments missed up untill the last two months of may 2005 were it says the account defaulted? Is this legal right as this account should of been defaulted back in 2002 and i have never had a contract from carphone warehouse in my life. i have contact eqauilfax about this and am waiting a reply on that matter.

the other debt is an old 3g contract from years ago 2004 and i spoke with roxbrough today and ask them for confirmation of debt as i do not recall it and how much was outstanding, they told me £328.46 with the charges as on my credit file it says £194, they wanted me to pay 224 there and then and would remove the it from my file < which i know they cant do >

they also said to me that as of 10/1/2011 the debt would be over the 6 years and as i have accpted the debt by phone call- they would need some can of payment fast or they would have to take court action due to it being close to time frame to being sate barred or soming along the lines

my qestion on this debt should i leave it or should i right to them aking them to prove the debt was and is mine ????



also final qestions i have capital one cards and vanquis cards which i keep up to date and pay them perfectly like £60 a week but at least 40% off that is going to them in intrest now i would like a better credit card but i cant get one

if i pay these debts off and marked them as satified would that help me in getting a better rated card so i can shift my debt ?? or should i just wait for them all to drop over which will be july 2012 the last one ??


Thank you for your time and any help with these matters,

ps i have started my offers to of the creditors at 10% i know it get rejected but just waiting to what they will come back with them knowing time is running out !!!

stephen

Tixy

Hi - few comments below

kewns wrote: »

Hello,

I have 3 outstanding defaults on my credit file,
which i mantain low monthly payments for though cccs,
i have recently done a credit search thought both companys experian and eqailfax and they both have the above debts but eqilfax have two other debts which i do not kno0w about and have not been paying them,

one being a carphone warehouse contract taken out in 2002 and everything single month is red with 4 payments missed up untill the last two months of may 2005 were it says the account defaulted? Is this legal right as this account should of been defaulted back in 2002 and i have never had a contract from carphone warehouse in my life. i have contact eqauilfax about this and am waiting a reply on that matter. Why should it have been defaulted in 2002? if its not your debt and you never had a contract with them then it should be removed and the default date is the least of your issues.

the other debt is an old 3g contract from years ago 2004 and i spoke with roxbrough today and ask them for confirmation of debt as i do not recall it and how much was outstanding, they told me £328.46 with the charges as on my credit file it says £194, they wanted me to pay 224 there and then and would remove the it from my file < which i know they cant do >

they also said to me that as of 10/1/2011 the debt would be over the 6 years and as i have accpted the debt by phone call- they would need some can of payment fast or they would have to take court action due to it being close to time frame to being sate barred or soming along the lines verbal communication does not count as admitting to the debt. So you took out the agreeement in 2004, did you last pay in Jan 2005? What is the default date for this debt? Do not pay them anything at the moment and do not speak to them on the phone. If they write to you about the debt then reply only with the prove it letter which specifically states you do not acknowledge the debt. The chance of them taking court action is slim - obviously if you do get court papers in the post then you will have to repsond to them, but its pretty unlikely.

my qestion on this debt should i leave it or should i right to them aking them to prove the debt was and is mine ????
If they havn't written to you yet, I would wait until they do.

also final qestions i have capital one cards and vanquis cards which i keep up to date and pay them perfectly like £60 a week but at least 40% off that is going to them in intrest now i would like a better credit card but i cant get one Unlikely to get a better card at the moment, if you can sort out the 2 defaults mentioned above leaving you with just one default from July 06 then you may stand a chance of a slightly better card, but unlikely a high street credit card.

if i pay these debts off and marked them as satified would that help me in getting a better rated card so i can shift my debt ?? or should i just wait for them all to drop over which will be july 2012 the last one ??

Thank you for your time and any help with these matters,

ps i have started my offers to of the creditors at 10% i know it get rejected but just waiting to what they will come back with them knowing time is running out !!!

stephen

kewns

Hello and thanks for your reply,

I have as of today sent all my creditors mention (5)

this ??


[FONT=Times-Roman, Times New Roman, serif]Halifax[/FONT]
[FONT=Times-Roman, Times New Roman, serif]Underwritting (Leeds)[/FONT]
[FONT=Times-Roman, Times New Roman, serif]Floor 6 Phase 3,[/FONT]
[FONT=Times-Roman, Times New Roman, serif]Lovell Park Road,[/FONT]
[FONT=Times-Roman, Times New Roman, serif]Leeds,[/FONT]
[FONT=Times-Roman, Times New Roman, serif]LS1 1NS[/FONT]


Date: 18/11/2010
Dear Sir or Madam
Account number - xxxxxxxxx

After recently obtaining a copy of my credit file from Experian & Equifax I was concerned to note that your company has placed a "Default" notice against an account in my name.
Further to this neither do I have a recollection of ever receiving such a notice, and I therefore require you to substantiate this data at your earliest convenience.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number 1587 716732.

2. You must supply me with a signed true and certified copy of the original default notice

3. Any deed of assignment if the debt was sold on

I would request that this data is provided to myself within the next 28 days, if you are unable to provide this data then I must insist that it is removed from my files as unsubstantiated.
Yours faithfully




Maybe i acted in haste but i was checking though my files as for some reason with the main two i dont have defult notice for idea know i could of lost who knows but its an avenune worth trying dont you think ???


Why should it have been defaulted in 2002? if its not your debt and you never had a contract with them then it should be removed and the default date is the least of your issues.
well according to my creidit file it was alreay ,issing 4 payments in 2002 so how can missed payment account last uptill 2005 ???
and yeah i know that i think theres been a mishap somewere. we shall see

verbal communication does not count as admitting to the debt. So you took out the agreeement in 2004, did you last pay in Jan 2005? What is the default date for this debt? Do not pay them anything at the moment and do not speak to them on the phone. If they write to you about the debt then reply only with the prove it letter which specifically states you do not acknowledge the debt. The chance of them taking court action is slim - obviously if you do get court papers in the post then you will have to repsond to them, but its pretty unlikely.
To be honest i dont remneber paying anything to it, I do beleave its was taken out by me for a former girlfriend (things you do when you think your in love lol) so i maybe one payment was made. It says mon credit file that it was defaulted June 2005. oh and i know i take no notice of debts collectors
and used to thrive on them and make there life a living hell ( but thats another story....


Unlikely to get a better card at the moment, if you can sort out the 2 defaults mentioned above leaving you with just one default from July 06 then you may stand a chance of a slightly better card, but unlikely a high street credit card

This is the bit that really gets on my neves!! i have learnt my lesson know i didnt understand money back then and i knwo what a fiar price for credit like everyone else am not asking for top credit just fair i think i owe that know and plus am off to uni next september so i need this sort really idea them complelty remove the defaults or they are marked satisfied not that really does anything but hey i surpose its better than nothing:T:T:T

Onnce again thank you for time its really mad my day

Kindest Regards,

Stephen

Tixy

Phone contracts are service contracts and are not covered by the consumer credit act, so they might just respond to tell you that, or they might send you copies of the service agreement. If they just tell you its not covered by the CCA then you'll need to write again asking for the service contract.

However they should still send you a copy of the default.

On the 3g account I would have sent nothing (or only the prove it letter) to try to spin it out until the debt goes statute barred in Jan 11 (which they have effectively told you it will, and would tie in with a June 05 default).

kewns

Hello,

Update update.....

i have great news akitvi kapital have sent me letter stating they could not obtain the documents i requested and as such will no longer be after the debt £683.87 all gone

That’s all good but i want the default gone, so i will be sending them another letter to that effect.

As regards to the others:

Halifax sent it back saying this current account does not have a signed credit agreement and as return the letter back. i am sending them a letter back sating that overdrafts do have a signed credit agreement (only got this information off internet not sure if it is right ??) and i also point in this second letter that they have total ignored question 2 and 3 of first letter with regards to default notification so hopeful that will work….

With regards to the other debt the 3g one about to be barred they have taken payment of my £1 postal order as acceptance of the debt and know what me to pay £30.74 pcm, i have just finished writing them a letter stating that i do not acknowledge this debt ant the postal order was for them to send me documents requested under consumer credit act...

As of yet no reply from the others but one down am not stopping know until they can prove it. At the end of the day i have 16 months until i can get better APR and if this helps me cut that time i will be glad as paying £50 - £60 in interest alone each month is just wrong FOR DEBT AS LOW AS 1400!!!

thank you for your help

Kindest Regards,

Stephen

PNPSUKNET

Just because agreements cant be produced, does not mean that defaults would be removed they wont be. Overdrafts form the same part of your current acount terms. As most banks are linked these days dont think that you will get good rates for a while.

kewns

well I would say that your wrong on that point as if the debt is unenforceable by law then that makes the debt void as they never complied with the law buy send a default notice and me not having the opportunity to make an agreement.


but anyway I am following this website advice

http://www.learnmoney.co.uk/credit-file/remove_default_notice.html

and I am happy so far and will pursue my debtors until they idea provided the documentation or if they cant remove all files from the credit files

Thanks

elfen

kewns, you took out the high APR credit cards....so no-one but you is to blame for the high payments/interest being added on a high balance. Not a lot you can do there except wait and hope.

kewns

I know that it is my choice as to why I have high interest payments. that's not the point in question and I was only saying I would like? In my own view feel I know deserve to have a better rate of credit. As I have had poor credit options for 5 years now.

so on a personal note I don't know why you people are going on like am sum plain right idiot and moaning!!
As am not am just saying what's is happening and that I have won one case and will try and win the others as the company's have not followed the law properly so in turn they should not have defaults on my credit file. which in turn will lead to a better Apr than I pay now and bear in mind I have been paying a high Apr for sometime.

yes I know its my choice too but sometimes we have too and I accept the poor Apr for now as this is my punishment for not dealing or understanding my debts properly when I was younger.


And if were talking about debts I feel 6 years is too long and maybe ¾ years would be a fairer punishment for people who default on there credit agreements.

Thank you for your comments

Stephen

thewinkshow

no. dont be silly.

not really read the replies, but im sure it will be someone banging on about morals. sod the ethics and all that jazz

paige13_2

I am in the same situation with Roxborough and they are harrassing and calling me at work now.
Its getting me down and very embarrassing....

Try to keep your chin up....