advice needed on debt collectors and defaults

kyle_amigo

Hi all and thanks in advance for any help you may be able to give.to give you an idea where im at. Have a huge amount of debt from a few years back(around 20000). I have been attempting to get straight so i can get a mortgage. Ive been sticking my head in the sand for last few years and ignoring all the letters and moved 3 times so lost contact with the debtors.

ive paid a lot off this last 18 months (about 8000) but this was to people who hadnt raise defaults. I now want to challenge the ones who have and are ruining my credit report.

I found a letter to dispute I owe what they say and asking for a copy of credit agreement.

But also I have never had original default notices as I can only imagine they went to a previous address so I had no way to sort them before a default was issued. Is there anything I can add re this.

sorry to droan on and thanks

National_Debtline

Hello Kyle,

A default on your credit file reflects an event that happened at a point in time. If you fell behind with your credit agreements to the extent that the agreements breached the lenders may be legitimate in their actions by placing the defaults on your file. If you move the onus would be on you to inform your creditors as to your new address, if they continue to write to an old address there may not be a great deal you can challenge.

There have been examples where defaults have been removed where people have had legitimate disputes with the creditor, for what reason are you disputing your debts? Do you think you have a possible challenge?

We have a useful fact sheet covering credit referencing which you can find here: http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=05_credit_reference_agencies

Best wishes,

David @ NDL.

Tixy

Hi Kyle

What debts are you planning on asking for a copy of your consumer credit agreement for?

Are you aware that not all debts are covered by the consumer credit act and therefore the letter template you have likely found won't be suitable for all your debts?

kyle_amigo

David/Tixy thanks for replying.

Some of the debts i have no memory of being so much or even having them at all. (Things where a bit messy, family reasons etc.) I read somewhere that if they cannot prove you have recieved a default notice it cannot be applied. Is this not the case?

The debts I am going to dispute are 2 credit cards, a couple of loans and car insurance. I have a few energy ones but I believe these dont need credit agreements???

Tixy

Are you being chased in relation to these debts at the moment?
If so then it might be sensible to start with the prove it letter not a CCA template. Letter when you know nothing about about the debt - AKA "Prove it" letter This doesn't cost a fee and will let you know the details of the debts. You might then send a CCA request for some of them.

In terms of a default - for accounts regulated by the CCA they should have sent a notice of intention to file a default before entering a default on your credit file.
However they don't need to prove you received it, all they should be able to do is show from their systems what date it was sent out.

kyle_amigo

Thanks for this. Il send out some of these this week. Should they prove its my debt should I then send a cca letter if they are eligible to need one?

If they cannot prove it but have raised a default against me. What are my next steps.

happy_bunny_2

What are the dates of the defaulted accounts? Are they correct?

No CCA on debts taken out before April 2007 means no CcJ if defended and is a good means to settling the account for less.

They can still default you, but the dates should be reasonable and never changed. Some DCAs change dates so you talk to them and get you to pay.

kyle_amigo

happy_bunny wrote: »

What are the dates of the defaulted accounts? Are they correct?

No CCA on debts taken out before April 2007 means no CcJ if defended and is a good means to settling the account for less.

They can still default you, but the dates should be reasonable and never changed. Some DCAs change dates so you talk to them and get you to pay.

all my debts are less than 6 years old. im not 100% sure what you mean here. maybe me being thick after a long day what I ideally want to do is clear as many defaults from my account but am coming to realize this isn't possible

happy_bunny_2

Ok, was confused, thought 20000 was the year 2000 with a typo

simply put, the companies should default you within about 6 months of no or seriously reduced payments.

What do the accounts show on your credit file? Defaulted status, if so when?

kyle_amigo

happy_bunny wrote: »

Ok, was confused, thought 20000 was the year 2000 with a typo

simply put, the companies should default you within about 6 months of no or seriously reduced payments.

What do the accounts show on your credit file? Defaulted status, if so when?

I stupidly stopped paying everything. so most say 1 2 3 4 5 then default. I was hoping that I could have the defaults removed before I pay them as even if I do now pay them it stills shows on my account.

happy_bunny_2

kyle_amigo wrote: »

I stupidly stopped paying everything. so most say 1 2 3 4 5 then default. I was hoping that I could have the defaults removed before I pay them as even if I do now pay them it stills shows on my account.

Right. Defaults go from your file 6years from the default date settled or not.

No real chance of removal, unless on a technicality, and then still slim. E.g. No/invalid default notice