Default notice removal (2nd steps)

abby1234519

DCA's do have the power to remove a default in my experience (but I am assuming this is how it happened)
I defaulted on Littlewoods, three years later Lowell agreed that the debt would be wiped and not pursued and the default (which had been in their name at this point) was removed

drjones69

Thanks for the response abby,
I'm slightly intrigued in this case of yours (more so for the further education into DCA tactics than anything else).

In your case with Littlewoods was the default actually removed (in entirety) from your credit file, or was it just a case that the remainder of the debt was wiped and default marked as 'satisfied'?

Re-reading your comment it seems to be the case that it was removed entirely - but I just wanted to make sure I'd not misunderstood ;-)

I ask, as I've been informed that a default marked 'satisfied' carries as much negativity (for all practical purposes) as one which is current. In my case I have already offered to pay off the full balance if RWL will remove the default entirely, but have been advised not to accept simply a marking as 'satisfied' - as this is pretty much automatic once the debt has been paid.

Of of curiosity - and by all means please don't answer if you find it intrusive or unpleasant discussing the matter - but how much was your debt for? I ask, as some people (I've spoke to a a lot of people about this!) have told me that DCAs are sometimes more amenable to wiping and removal of notices for smaller amounts. I've actually just realised that at no point in this thread have I mentioned how much my notice is for - is a measly £570 (well, perhaps not measly - but not massive by any reckoning!)

Regards,
Ryan

ejc81

drjones69 wrote: »

Whilst it is my intention to wait for the SAR made on the OC, time is very much a factor in my concerns. Whilst I have no great desire to waste money on solicitors, the matter has now gone on for 4 months, with Robinson Way Ltd still giving me the same excuse as they were giving in September 2011 - at this rate, there will have been no movement by the time the default expires (2014) - and I'd rather lose a few hundred quid attempting to force the issue, and either vindicate my beliefs or show me to be in error.

I think I spent around 6-8 months writing back and forth to the DCA in 2010 and made absolutely no progress! They just kept sending the usual payment demands and no response to my queries. In the end I wrote and told them I wouldn't be wasting my time responding any further and I wouldn't be paying! The default finally drops off next month :j

Good luck if you intend to pursue it and keep this updated!

chanz4

You are aware that once a default is removed it will go to its last status, e.g status 6 for the whole account... this can be worse than the default.

ejc81

chanz4 wrote: »

You are aware that once a default is removed it will go to its last status, e.g status 6 for the whole account... this can be worse than the default.

Sorry, but I don't understand what you mean by that, can you explain further?

'Status 6 for the whole account' Meaning what? The account will show as status 6 until it is removed, i.e 6 years from settlement?

drjones69

chanz4,
Please can you elaborate on your message? In 10 years of debt repair, and much time spent reading these forums, I have never heard of any such thing - unless you're confusing the matter with the marking of the default as 'satisfied' - I am aware such a change is as bad as a default its self (hence my earlier comments to this effect).

Were my intention simply to repay the debt, I would do so immediately and without difficulty. This is not my concern, it is my concern that the default was filed without prior notification (intention to file default notice letter) - and hence no opportunity was given to match the terms of the intention to file notice, and that the creditor has been unable to substantiate their stance that such procedure was followed. It my desire that the notice be removed in it's entirety as erroneous - how can a record on a credit file which has been removed have _any_ status?

As ever, I welcome all feedback as I'd like to know more about such things- although I believe in this case the response to be in error, but I'd be happy to be shown to be wrong myself ;-)

Regards,
Ryan

drjones69

Good afternoon all,
Just a quick update on this matter, I have now received a response to my SAR made to Cahoot (the original creditor), as an aside they were very quick with this - which was a pleasant surprise after every other communication just seems to drag on for weeks on end. The SAR data is certainly verbose, and much of it references codes which (I assume) have meaning only to the systems of the creditor - I will be making a subsequent request for an explanation.

One of the (many!) documents sent to me _seems_ be a record of all communications, and I note on this there is no mention of a default warning letter sent - although again I need to request clarification that this is the case. I believe this supports my original assertions.

Another tactic I have been told about (I have been advised to adopt multiple tactics) - and any clarification on this would be especially welcome - is that many Consumer Credit Agreements (CCA) from some time ago were incorrectly formed, and lack information which is required and as a result are unenforceable. I do now have a copy of original CCA from 2001 as part of the SAR response, and it does indeed to seem to lack large tracts of the prescribed information (as specified by s127 of the Consumer Credit Act), I've seen many a site and forum suggesting this a good approach to go for - however, I've also heard that changes to act made 2006 closed the majority of this loophole - can anyone clarify, as my Google research seems to come up with as many sites saying such an approach is no longer viable, as say it's still the way to go.

I have noticed that most of the sites which reference this tactic with good favour express it as a means to force a creditor to write off a debt, however as I've said frequently, I have no argument, or difficulty, with repaying the debt, it was borrowed in good faith and I'd expect to pay back likewise. It is, however, my hope that if I can demonstrate the CCA is flawed, then I will be able to subsequently argue that the creditor should not have file the default notice - although once again I have noticed that even with the CC Act the filing a default notice seems to fall outside the protection of 'unenforcability'.

In other news, the current creditor (Robinson Way Ltd) have once again responded to my requests and subsequent complaint with the continued fobbing off line of 'waiting for a response from the original creditor', so no change there. The financial ombudsman service are being very slow (original letter went to them on 29/11, told to wait 3 weeks, wrote back after 6 weeks with some additional paperwork, told to wait another 4 weeks - still no actual response from them in the matter).

The only other response was a comprehensive response to my complaint from the CSA - needless to say they believe each of the dozen or so breaches of their code of practice I highlighted has not been breached, and they maintain their member (robinson way) has acted within the code - shocker!

My next actions in this matter are now likely to be,

1) Request detailed explanation of some terms in the SAR from Cahoot
2) Wait longer for a response from the FOS

I am now considering seeking out legal aid to this matter, a means to expedite the process. Perhaps someone could be kind to give me some guidance on this matter, and I really do mean spell out it as you're talking to someone who knows !!!!!! all about it ;-)

1) If I wish to try and show that the original CCA is unenforceable (due to failings un s127 CCAct) - do I need to go to court and fill out a form? Or do I have to get a solicitor on the matter first? I really have no idea where to start.
2) If I do push forward and attempt a resolution through the courts what magnitude of expense am I likely to incur? I know that's like asking how long a piece of string is - but based on what I've put in this thread, would someone with experience hazard a guess as to whether I'm talking a few hundred quid, a few thousand or few tens of thousands - I really have no idea how much these things cost.

One (final) query - I'd like to make sure I have as much of the paperwork relating to this issue as possible (from both the original creditor and robinson Way) - aside from making an SAR, what other information is it my legal right to request from these people?

Afraid that wasn't quite as quick an update as I'd planned - apologies for rambling.

Regards,
Ryan

happy_bunny_2

Only thing I can help with is that even if unenforceable, they are still allowed to file a default. But with one this age, they won't be able to get a CCJ if you can show its not enforceable.

Unenforceable can help with bargaining in my experience, but i doubt it will help getting the default removed. The lack of default notice may help do this.

Maybe complain about this and as such ask it to be removed.

amorge

Hi, sounds like you're having a nightmare. Can't really offer advice but I disputed a default from virgin media in October '11. The default date was 2009 I think, I argued that 1) I did not owe the money & 2) had never received any mail about it (I'd not moved).

Virgin have removed the default from all 3 agencies, the account still shows on my file but as settled and all green ticks, however settled date is November '11 not the date the account actually closed (2009)

How that makes sense

drjones69

Apologies for the length of time since my last entry on this thread - more down to the time the process has taken than any reluctance to share the outcome!

Last week I got a call from the Financial Ombudsman Service about my complaint, and it seems the wind is finally turning in my favour. I'm just seeking a quick clarification that I'm not missing out a wording issue that someone is likely to catch me out with down the road.

The offer letter says : "Following out involvement, the business has told us for full and final settlement of your complaint it is prepared to remove the default in its entirety on the condition that you clear the outstanding balance of £xxx.yy in one payment"

I had badgered the FOS office to make it clear on the offer that payment is not in exchange for marking the debt as 'satisfied' but complete removal - I am assuming the phrase "remove the default in its entirety" covers that base - or should I request greater verbosity on the letter?

The only item not on the offer letter is timescale, I am planning on responding and asking for the inclusion of a timescale statement (ie. "the default will be removed within 28/14/7 days of payment being received") - does these seem a sensible choice? Or are there statutory level requirements which I'm unnecessarily asking to be repeated?

The matter feels very close to a 'win' for me (payment of the debt its self is not, and was never, in any dispute - I have no problem, financially or morally, paying off the balance of the account) - but I want to make sure I've got my bases covered before accepting ;-)

Regards,
Ryan