To default or not to default?

CarlS1990

Hello, I have two credit agreements which I took out in 2008 one for a HP of a car and the other as a top up loan towards the HP, I lost my job and the HP defaulted in Oct 09 however the top up loan carried un being set as 6 payments late in arrears. I now have a dmp in place for both with the HP due to come off my file in Oct this year after six years, however, the topup loan has never defaulted to my dispear as I would have prefered it to if it meant it would be off my file this year!

So my question is, what should I do? can I try and get a default backdated? Should I default the account now and start the six year time again? Or should I carry on paying my dmp and when the account is settled then let the six years kick in.... Only issue with that being is I will not be be able to settle the count for a couple of year which would mean the timer wont starr until then?

I need help please. Thanks.

glentoran99

Try and get the default backdated and take it from there

Tixy

It can be worth trying to get the default backdated. It doesn't always work.
But you could try, arguing that the guidelines on filing a default notice that were in place at the time in question stated

A record showing a series of payments as six months in arrears when this does not reflect the real payment history should not be used as an equivalent of a default.

(section 4)
and that a person attempting to repay their debts / or in a DMP should not be placed in a worse position than someone who has made no attempt to repay their debt (see sections 22 onwards).

The old guidelines can be found in the links to those posts http://forums.moneysavingexpert.com/showpost.php?p=66104048&postcount=3

CarlS1990

Thank you both for your replys. I tried to get a default backdated earlier on on a completely different bill which I have just settled today for littlwoods and the person on the phone said it was impossible and did not understand it could be done.

In regards to that account the history was under arrange to pay which proved a clear dmp was in progress, however this pther topup loan account litrally says nothing other than a red 6 and its marked as in arrears.

So if I give the topup loan agreement a call what exactly should I tell them? That marking the account as 6 payments behind is not equiv as a default?

Also if they refuse to do this for me then what shall I do out of the other options I explained earlier?

glentoran99

CarlS1990 wrote: »

Thank you both for your replys. I tried to get a default backdated earlier on on a completely different bill which I have just settled today for littlwoods and the person on the phone said it was impossible and did not understand it could be done.

In regards to that account the history was under arrange to pay which proved a clear dmp was in progress, however this pther topup loan account litrally says nothing other than a red 6 and its marked as in arrears.

So if I give the topup loan agreement a call what exactly should I tell them? That marking the account as 6 payments behind is not equiv as a default?

Also if they refuse to do this for me then what shall I do out of the other options I explained earlier?

Do it in writing not on the phone and if you dont get a favourable response go to the FOS

CarlS1990

Can I do it through an Equifax dispute?

Also what is FOS. I am pretty new to these terms.

Thabk you very much for your replies regardless.

sourcrates

CarlS1990 wrote: »

Can I do it through an Equifax dispute?

Also what is FOS. I am pretty new to these terms.

Thank you very much for your replies regardless.

No,

You need to put it in a good old fashioned letter of complaint, no other option will yield a positive result.

The FOS is the Financial ombudsman service who adjudicate in matters regarding (most) financial disputes.