Full & Final Settlement - Default Removal

awayinchina

SITV wrote: »

I haven't ever received a default notice. I also could argue that the PPI charges (including interest), as well as the credit card charges (including interest) make up around 96% of the original debt, and therefore, I wouldn't have defaulted if these charges hadn't been placed on the balance. Or something to that effect.

1) PPI inclding interest. you should be doing this now it will put collection of debt on hold.

2) credit card charges: you have to prove this caused the default and write this in a letter to the CC company and OFT also a copy to the DCA this puts the account on hold. Until, they say yes/no

I have done all that and 2 further accounts are on hold. Yo prove the notice of defaul was not sent (devious but you need to request all information held in regards your account from the original creditor) then if the DN is not present in the data you can flag it. If you can prove it went to a wrong address then you can get the default removed from the CRA (long fight but will happen).

Hatecreditors.com

@awayinchina The point I was making is that you can't expect to break the terms of your original agreement, make F&F settlements and expect defaults to be removed.

Defaults are there to warn potential creditors of the risk. Without them, everyone would just max out their credit, pay 35% F&F settlements and start over again.

swanfan02

awayinchina wrote: »

I have done all that and 2 further accounts are on hold. Yo prove the notice of defaul was not sent (devious but you need to request all information held in regards your account from the original creditor) then if the DN is not present in the data you can flag it. If you can prove it went to a wrong address then you can get the default removed from the CRA (long fight but will happen).

You try to get it removed they'd ask,

'Did you owe the money?'

'Yes.'

The default stays, it's a true reflection of the account.

SITV

awayinchina wrote: »

1) PPI inclding interest. you should be doing this now it will put collection of debt on hold.

2) credit card charges: you have to prove this caused the default and write this in a letter to the CC company and OFT also a copy to the DCA this puts the account on hold. Until, they say yes/no

I have done all that and 2 further accounts are on hold. Yo prove the notice of defaul was not sent (devious but you need to request all information held in regards your account from the original creditor) then if the DN is not present in the data you can flag it. If you can prove it went to a wrong address then you can get the default removed from the CRA (long fight but will happen).

I've received a cheque from MBNA for over £400 last week for my PPI claim. I've just sent off a letter detailing my claim for credit card charges, so I'm awaiting their response on this.

The problem, as far as I'm aware, is that whilst I'm attempting to reclaim these things from MBNA, the default was placed on the account by Experto, which means it'd have to be removed by them too, as opposed to being removed by MBNA. Would I be right in that?

hatecreditors.com - I see your point, and understand your perspective. However, if you've no intention of assisting, then feel free not to contribute.

awayinchina

Hatecreditors.com wrote: »

@awayinchina The point I was making is that you can't expect to break the terms of your original agreement, make F&F settlements and expect defaults to be removed.

Defaults are there to warn potential creditors of the risk. Without them, everyone would just max out their credit, pay 35% F&F settlements and start over again.

I totally agree! I have defaulted F&F them and I live with it. But then again mortgage is in partners name, got a credit card and decent bank accout got my mobile all other bills are upto date. No worries really.
Made mistakes and resolved them. within 4 years from now clean record 2 years after that mortgage paid off. Live and learn.

Hatecreditors.com

That's the problem. I am assisting.

I'm one of the few that are suggesting that you won't get the default removed so why waste your time?

By your own admission, you buried your head in the sand and refused phone calls, letters etc. But you feel the default is unjustified?!

SITV

Hatecreditors.com wrote: »

That's the problem. I am assisting.

I'm one of the few that are suggesting that you won't get the default removed so why waste your time?

By your own admission, you buried your head in the sand and refused phone calls, letters etc. But you feel the default is unjustified?!

You're probably right, and I probably won't have it removed, but it's cost me the cost of a recorded delivery letter for the opportunity of being that 0.01% that just might, and then being able to get a mortgage for myself and my partner.

I believe that if the charges had been frozen, as I'd requested on the phone to them a number of times, that I'd have been able to at least make the minimum payments on the account, and therefore, not defaulted. I began burying my head in the sand after they refused to do so.

Thanks for your help, I'm new to all of this, and all input is appreciated.

awayinchina

SITV wrote: »

I've received a cheque from MBNA for over £400 last week for my PPI claim. I've just sent off a letter detailing my claim for credit card charges, so I'm awaiting their response on this.

The problem, as far as I'm aware, is that whilst I'm attempting to reclaim these things from MBNA, the default was placed on the account by Experto, which means it'd have to be removed by them too, as opposed to being removed by MBNA. Would I be right in that?.

then get proof it was not sent, ask them for proof it was sent. if you can prove it was not sent then you stand a chance of getting it removed. All they do then is issue a fresh default notice. You have 28 days to pay full bablance. If you can't up appears fresh default that will last longer. your choice. if you can pay full balance within 28 days go for it. That way you have a chance, but I doubt they will play ball!

awayinchina

SITV wrote: »

You're probably right, and I probably won't have it removed, but it's cost me the cost of a recorded delivery letter for the opportunity of being that 0.01% that just might, and then being able to get a mortgage for myself and my partner.

There is another option get a mortgage in your partners name only (if you can). This is what myself and my partner did. We opted for 75%/25% split ownership with developer. gives you 10 years to find the 25%. etc etc etc