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Need Advice Please (Letters & Procedures)

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Comments

  • sammy115
    sammy115 Posts: 15,267 Forumite
    I am being intelligent about this, because if i pay even 10 pounds to one of my defaulted debts now, the 6 year clock restarts, and it will be a further 6 years before the default is removed, thats not what im going to do.


    Can someone advise me if i should send the letters to the DCA's or orginal creditors please?

    How do i go about finding the companys addresses to post them to?

    Thanks again.

    YOU ARE WRONG! A default drops off your credit report 6 years from the date of default NOT FROM THE DATE YOU MAKE THE LAST PAYMENT! Whether the debt is paid in full or not the default is removed from your credit file six years from the date of the default.

    However, if you want to try and remove the defaults then I would personally send a recorded delivery letter to the original creditor asking them for a signed copy of the CCA, statements of the account and a the deed of assignment to the DCA.

    Another aside, thanks for accepting my earlier post as helpful as it was intended that way, however, I wasn't having a dig I was actually asking a valid question as to why you wished to clean your credit file. If you are - as you posted later - looking to get a mortgage then I can understand your reasoning. It is for this very reason that I am also trying to 'clean' my credit file.

    People on here are trying to help you, but it is not always easy to appreciate the 'tone' of a post.
    Quality is doing something right when no one is looking - Henry Ford
  • Thanks Sammy,

    Its to get a mortgage, and to open a current account, to make my life easier with direct debits for my car insurance and such.

    Your right, i was wrong about when the default comes off. I mean for some of these defaults, theres one from Barclays for 70 pounds, it was put on in 2005 (the default, but the debt is from 2002!!), so i would have to wait until 2011 for that default to come off, so i feel its just better to *attempt* to get the defaults off (if i can).

    I also want a clean credit file so i can keep it clean, hard to beleive, but i am actually good with money these days!

    Ok i am going to write down and find all the addresses to the original creditors, and then look for a sample letter to send them.

    Thankyou again.

    Matt
  • sammy115
    sammy115 Posts: 15,267 Forumite
    What is the £70 for - is it for charges? Can you claim these back?

    If it isn't - and you owe it - there is perhaps another option. If you pay it you can then write to the creditor and ask that the default be removed, as in theory there is no legislation that enables a creditor to report adverse credit info once a debt has been cleared.

    Go to this link and look at post no 14

    http://www.consumeractiongroup.co.uk/forum/legalities/20118-default-hell.html?highlight=Credit+Reference+Agency
    Quality is doing something right when no one is looking - Henry Ford
  • Its so long ago now that im not 100% sure, the account itself was just a savings account, yes i think they must be bank charges, maybe two at 35 pounds each.

    I cant claim them back if i have not paid them. But a savings account should not be allowed to go overdrawn anyway, i think with that one, i can write that debt off by asking for a CCA.

    I think my main problem is going to be sending these letters to the right places, as the debts have been passed on etc, its difficult to know where im sending letters to.

    I guess i will send them all to the main headquaters of every company.

    Thanks
  • sammy115
    sammy115 Posts: 15,267 Forumite
    You can still claim the charges back even if you haven't paid them.. It just means that you the debt will be written off. I personally think that is the easier route.
    ;)
    Quality is doing something right when no one is looking - Henry Ford
  • sammy115
    sammy115 Posts: 15,267 Forumite
    Sorry meant to say also that the https://www.consumeractiongroup.co.uk has many useful up-to-date contact addressess for most creditors.

    good luck and let me know how you get on.
    Quality is doing something right when no one is looking - Henry Ford
  • southernscouser
    southernscouser Posts: 33,745 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    You did not read what i wrote well enough, i am not going to be told i am not understanding it well enough by someone who was 38,000 in debt
    I wont apologise to anyone who insults me or my intelligents
    I am being intelligent about this, because if i pay even 10 pounds to one of my defaulted debts now, the 6 year clock restarts, and it will be a further 6 years before the default is removed, thats not what im going to do.

    You couldn't make it up! :rotfl:

    Cheers fella. You've proper cheered me up. :)
  • I wont apologise to anyone who insults me or my intelligents, infact people like that should not be posting in my thread, they are trouble makers.

    All i was after was some friendly advice for my question, i think i have that now :) thankyou.

    DCA's break the law day to day, most of the people they chase for money, they dont even have a CCA for, and they still harrass and threaten them, if they have done the same to me, so if your asking me if i am trying not to pay them back, you can bet on it, all these old debts have been passed on, and i have heard every threat under the sun, and my file is confusing to me, by that i mean, i dont know what some of these debts are, i also dont know where to send the letters (because theres no company adresses on my file).

    I dont get credit to not pay it back, i have a 3000 pound car finance on my file which has been paid back in full perfectly, along with an 20 month phone contract, never missed a payment.

    The debts i am trying to remove, im removing because of the defaults, causing me problems even trying to open a current account at a bank to pay my car insurance by direct debit.

    I am not going to do these DCA's any favours, the interest they add on is sickening.

    I feel sorry for anyone else here who has had bad experiances with DCA's aswel.

    My total debt amounts up to 4,800 pounds, not much i know, but i have never been one to go out and get lots of credit, ive estimated that around 35% of my total debt has come from interest they have added on!!

    A 200 pound capital one bill, has turned into a debt of 675!

    Anyway, to answer again, yes yepidy yep, i am trying to get out of debts that are being ILLEGALLY chased.

    Ok, so if i report them to trading standards, will they chase the DCA to remove my entry?

    My thinking on this is, if i put a debt entry on someones credit file from this board, without a CCA, i would HAVE to take it off, because its completely illegal, but how would you make me take it off? Report me? Sue me?

    All im trying to do is set up a plan of action so that i know what im doing when i send the letters off you see :)

    To be honest, if you don't want to pay them off and still want them gone. Why not wait until the 6 years is up. If you are impatient and would prefer not to wait the 6 years then my friendly advice would be not to incur the debt in the first place. Most of the people on this forum are accepting that they spent the money and trying to do the right thing by paying it back and do not understand a person who is looking for a way out of their obligations. Personally, if i incur a debt i feel duty bound to pay it. Yes, the finance companies have some very suspect ways of recouping money which other people have spent for them, but they are doing their job, otherwise we could all spend someone else's money for them and run.
    Proud to have dealt with my debts. Nerd number 288:j Debt free date Dec 07 :EasterBun
    Mortgage as at Dec 08 : £93,077.00
    Mortgage as at Dec 09 : £ 87,948.12
    Mortgage as at Dec 10 : £ 83,680.23
    Mortgage target for Dec 11: £73,680.23
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