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

Tixy

A few comments

kewns wrote: »

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. Court cases over the last year have allowed that even if a CCA cannot be produced they are still able to file a default on your credit file (or are not required to remove one that is there already).

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…. They are right overdrafts are not covered by the consumer credit act. You could ask for a copy of the original agreement but may need to send a £10 subject access request to see this.

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... Hopefully this should be okay, some people have suggested that sending a request for a CCA is in itself as admittance of the debt (as if its not your debt you have no right to see the CCAagreement on someone else's debt). Which is why its preferable to send a prove it letter. As I said before the 3g debt won't be covered by a CCAct so they won't have used the £1 to send you a CCAagreement that doesn't exist. Hopefully your original letter to them specifically stated you did not acknowledge the debt. I would write to them requesting the £1 is repaid to you as you now realise that it cannot be used to produce a CCA and asking them for proof of the debt.

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

kewns wrote: »

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

Show me an actual court case which rules this, I can make a website say anything. http://www.hammonds.com/FileServer.aspx?oID=22700 is an actual case wher the judge said its fine to report a default even with a bad cca

fermi

kewns wrote: »

but anyway I am following this website advice

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

Not a great idea. The info there is mostly useless now.

kewns

PNPSUKNET wrote: »

Show me an actual court case which rules this, I can make a website say anything. http://www.hammonds.com/FileServer.aspx?oID=22700 is an actual case wher the judge said its fine to report a default even with a bad cca

yeah i understand that maybe i missed the boat on that one, oh well i still carry on as i have won one anyway lol

personal i would pay them all if they removed the defults from my file, and i dont have much else to try till for next 16 months lol

thanks you all very much

Kindest regards,

Stephen :rotfl::rotfl::rotfl: