Default Removal - Can I do it?

Moustacheman

Hello all. I am after a bit of advice & Help as I want to get the defaults that are on my credit record removed but I am not sure if I can or how to go about it.

The situation is this:

12 months ago I entered into a Debt Management plan and I informed all of my creditors that I was in financial diffiulty and that I was unable to afford to keep up the repayments on my Loan/Credit Cards/Overdraft.

So what I did was I tried to re-negotiate a reduced payment plan with my Creditors. Some of them were really good (Capital One, MBNA, RBS) and agreed to freeze the interest and accept my reduced payments. There were others however who were not so good (NatWest, Barclaycard) and refused to accept the reduced payments and therefore defaulted my account.

The debts then were passed on their debt collection agencies (NatWest & Barclaycard both have their own inhouse debt collection agencies). I was then able to agree reduced payments with these "debt collection" agencies.

I am still paying a monthly amount to all of my creditors and none of the debts have been settled/cleared.

My debts with the companies who defauletd me are as follows:

NatWest Bank

£979.00 in arrears
I am in the latter stages of a bank charges claim with NatWest Bank and am claiming back a total of £3,000.00. (When I get my money back I will be clearing the debt)

NatWest Credit Card
£7,140.00 in areears
I am going to start a claim for my charges back on this one and I expect the amount to be around the £200 mark

Barclaycard
£3,100.00 in arrears
I am going to start a claim for my charges back on this one and I expect the amount to be around £600 mark.

Can anyone tell me if I can apply to get a default removed on any of these accounts and if so, how do I go about it? Any letter templates that I could send would be extremely helpful.

Thanks in advance.

Moustacheman

Moustacheman

Thnaks for the reply. Can I just ask though, as a result of the Ntwest Bank charges of over £3000 and a debt of just £979, surely it can be argued that if they hadnt hit me with all the unlawful charges then I would have been £3000 better off and maybe not have been in a position where my account was defaulted?

file_wizzard

Moustacheman wrote:

Thnaks for the reply. Can I just ask though, as a result of the Ntwest Bank charges of over £3000 and a debt of just £979, surely it can be argued that if they hadnt hit me with all the unlawful charges then I would have been £3000 better off and maybe not have been in a position where my account was defaulted?

Yes, and you should include the requests for the removal of the default as part of your court claim, this way they will have to satisfy all of the claim conditions before you will agree to settlement.

Moustacheman

The only probelm is that I havent included it as part of my claim and I am already at a stage that is too late to add the default on. I have submitted the court documents and the bank have entered a defence and I have recieved an allocation questionnaire. Can I request the removal of the deafult as a separate thing?

realwildone

I doubt if a default notice can be contested in court. Can anyone shed light on this?

Mics_chick

Until fairly recently I worked at a credit reference agency and I'm not sure about the appeal process to remove defaults but I do know that once it's on your record it stays there for 6 years after the debt is cleared...

tigtig

Hi

Try this link, it explains what you need to do if you want to remove the default. You have nothing to loss by following the steps outlined.

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

file_wizzard

Moustacheman wrote:

The only probelm is that I havent included it as part of my claim and I am already at a stage that is too late to add the default on. I have submitted the court documents and the bank have entered a defence and I have recieved an allocation questionnaire. Can I request the removal of the deafult as a separate thing?

Yes you can vary a claim at anytime, however there would be a fee payable to the court, and the defendant would then obviously get a chance to revise their defence and the 14 Day + 14 Day scenario starts over.

If your claim is transferred from county court to the mercantile, or is stayed you can also use this as a chance to vary your claim.