DMP Mutual Support Thread - Part 12

Puzzcat

Twins wrote: »

Hi Sourcrates

Please can you help me. I posted previously that Arrow Global had not added a default to my file. I wanted them to add the default back to 2011 when I started my DMP which would mean it would drop off this year. But instead they've only added a AP marker.
So I wrote to them to complain and today received a letter. This was their response:

We can confirm Arrow Global acquired this Santandar account on the 17th May 2013 as a non-defaulted account.

The account had a minimum contractual payment of £13.18 due every month. As you adhered to this contract, the payments will show as up to date on your credit file.

This account is now closed on our system as partially settled as of 2nd June. The account will remain on your credit file for six years from date of satisfaction.

What can I do about this default date? Do I have a leg to stand on? How can I get a default date added?

Thanks for the help

Hi Twins,

I have the very same issue apart from the debt is still outstanding with one of my creditors. I have complained to them, complained to the FOS who agreed with the DCA and now to the ICO.. I have funnily enough had a letter this morning from the DCA who bought the debt stating they stand by their previous response and won't default and won't enter into any further communication with me about this but will assist the ICO... Still waiting to hear from the ICO.. but not holding my breath..

Puzz

motivated

Hi all its me again

Have received a letter from BC stating they enclose a reconstituted copy of my credit agreement. "Your credit limit is £xxx and your balance is £xxx"

"We are currently unable to provide a copy of the credit agreement you entered into so we accept that we are prevented from enforcing our agreement. Etc etc"
I'm assuming this is good news.

Anyway what do I do with it now ?

Also my DHs BC sent back a reconstituted copy of your credit agreement
A copy of the terms of your agreement as varied accordance with section 82 (1) will be sent under separate cover. I still haven't received anything wondering why this wasn't sent along with the first letter. Confused again

Help please
M

sourcrates

motivated wrote: »

"We are currently unable to provide a copy of the credit agreement you entered into so we accept that we are prevented from enforcing our agreement. Etc etc"
I'm assuming this is good news.

Anyway what do I do with it now ?

Your account is unenforceable in court.

Its up to you now weather you continue to pay it, or walk away.

sourcrates

Twins wrote: »

Hi Sourcrates

Please can you help me. I posted previously that Arrow Global had not added a default to my file. I wanted them to add the default back to 2011 when I started my DMP which would mean it would drop off this year. But instead they've only added a AP marker.
So I wrote to them to complain and today received a letter. This was their response:

We can confirm Arrow Global acquired this Santandar account on the 17th May 2013 as a non-defaulted account.

The account had a minimum contractual payment of £13.18 due every month. As you adhered to this contract, the payments will show as up to date on your credit file.

This account is now closed on our system as partially settled as of 2nd June. The account will remain on your credit file for six years from date of satisfaction.

What can I do about this default date? Do I have a leg to stand on? How can I get a default date added?

Thanks for the help

Well if the account never defaulted, i dont see what you can do.

You have made the contracted payments, so there was no reason to default you.

You could write back and complain its left you in a worse position than if the account had defaulted, but i dont know how far you would get with that, but its probebley your only option.

motivated

sourcrates wrote: »

Your account is unenforceable in court.

Its up to you now weather you continue to pay it, or walk away.

Thanks again Sourcrates. Do you think I should wait and are they likely to sell it on now. My thinking is to then offer a low amount to the new company and then close the account as partially settled .

As for the second BC I Am going to send a follow up letter telling them they haven't sent the further documents they said they would. ( you never know)
M

sourcrates

motivated wrote: »

Thanks again Sourcrates. Do you think I should wait and are they likely to sell it on now. My thinking is to then offer a low amount to the new company and then close the account as partially settled .
M

How do you want to deal with it ?

If you want to walk away, write back stating as they have admitted they dont hold a valid credit agreement, you will not be paying any further sums to this account.

My opinion is you wont hear from them again, its possible they may sell it on, the new owner will not be aware of events prior to the sale, you will have to inform them, the usual response would be for them to return the account to the original creditor, they wont waste time flogging a dead horse, so you may not get the chance to make a low offer.

Personally i would thank my good fortune, go with my advice above, and concentrate on the debts that are enforceable.

motivated

sourcrates wrote: »

How do you want to deal with it ?

If you want to walk away, write back stating as they have admitted they dont hold a valid credit agreement, you will not be paying any further sums to this account.

My opinion is you wont hear from them again, its possible they may sell it on, the new owner will not be aware of events prior to the sale, you will have to inform them, the usual response would be for them to return the account to the original creditor, they wont waste time flogging a dead horse, so you may not get the chance to make a low offer.

Personally i would thank my good fortune, go with my advice above, and concentrate on the debts that are enforceable.

I will definitely be thinking about your advice Sourcrates. Everything you have told me to do so far has been spot on.

This self managing is quite enjoyable if I'm honest. I never thought I would be doing this 5 months ago. I was a wreck and now I'm :j
M

sourcrates

Creditors, debt collectors, despite what they might say in public, will not spend much time chasing an unenforceable debt, once you have told them your not paying.

There is no benefit to them to waste further money or time on it.

They will just move on to the next person, and so on.

Sazzie23

Hi all

Finally given myself a day at home to catch up with stuff, been having some good times lately and pushing myself to do more but it's been at the expense of tracking debt (and housework:eek:).

Anyway so I took a look today as on of the CC annual statements arrived and :T:T I'm in the 50% paid section:T:T. Ok so I'm not at 49% yet, that may be end of June or possibly July, but wow, half of that blinking debt paid. Never thought I'd manage that.
Current estimate are 3 years to mortgage free, 6 years to secured loan free, 8 years to DFD. Though SL and DFD should shortened when the mortgage is gone.

:j:j. Happy dance

Hope it's working out for others, sorry I'm not about much at the moment, but I do try to at least read the daily digest. And my current pearl of wisdom, is never give up:cool:

Saz

Twins

Hi Everyone,

Hoping someone can help shed some light on PRA.

As some of you know I have 2 accounts with PRA and I requested CCA's for them both and PRA came back and said they were unenforceable. At the same time I complained that they had not recorded the correct default date of August 2011 which is when I took out my DMP, instead they had been marking it as AP. PRA wrote back and said they agreed with me and they would update my credit file.

Today I had notification that there was an update on my credit file from Clearscore. I checked and it said there was a negative mark. Then it said - PRA group applied default and also PRA Group closed both accounts??

So what does this mean? Are PRA Group saying I no longer owe that money and have closed the accounts for good? Will my credit score improve again once we hit August which will be the 6 year marker and I'm told debs drop off after first default.

Noodle at the moment doesn't show any changes.

Would love your thoughts. Thank you!