Amigo Loans reporting missed payments for 7 years!

MoneyBurningHoles

Hi all, i stupidly took a loan out with Amigo Loans in May 2017. Long story short i lost my job and couldnt afford the repayments and neither could my guarentor as they were on benefits (yes thats right, amigo accepted a guarentor that was on benefits!).

Anyway, it resulted in a CCJ of which i have been paying the agreed payments set out by the court but for the past 6 years, Amigo Loans have been reporting missed payments on a monthly basis which has destroyed my credit file to say the least. The never did report a default and i guess this is the tactic they use to harm you for not paying up.

The CCJ is almost over with but i will still be having to make payments, however, will they sod off of my credit file completely or will they still be able to consistently report missed payments?

Id be greatful if someone with some knowledge could give me some idea of wether they are allowed to actually do this and not report a default.. or if they are completely in their right.

much appreciated forum people - looking forward to a knowledgeable response

adamp87

I’m pretty sure to get a CCJ they have to default the account but a default on your report and the actual default I believe isn’t exactly the same.

But anyway at this point when was the CCJ? You say it’s almost over, if Amigo have got a CCJ I’m going to assume they’ve sold the account to a debt buyer and the debt buyer sought the CCJ?

When it was sold the account should have stopped reporting from Amigo at that point on your file. It should have been defaulted on there and then after 6 years it will go away.

it shouldn’t still be reporting missed payments particularly after a default as they no longer own the debt. (If that’s what happened they sold it). 

I thought they went bust 2 years ago but they still seem alive

you want to lodge a formal complaint over your incorrect data to Amigo - and get them to remove the erroneous data I believe 

https://www.amigoloans.co.uk/complaints

the damage has already been done by the CCJ - but you don’t want -Amigo incorrectly reporting your account defaulted last week say so they might even need to back date a default on your report.

I think 

MorningcoffeeIV

MoneyBurningHoles said:

The never did report a default and i guess this is the tactic they use to harm you for not paying up.

It's an incorrect guess. Admin sometimes goes wrong.

They simply want their money back. 'Harming you' is neither here nor there.

Just ask them to backdate the default.

MoneyBurningHoles

I spoke to a debt angel today and they said that Amigo Loans dont have to report a default on my account and can keep the fire alive by reporting missed payments and also said this is a way of getting people to pay up which i suppose is fair enough.

Theres nothing i can really do apart from clear the balance to stop the missed payment reporting or make an offer for full final settlement. 

I could contact them and ask if they could stop the reporting of missed payments but that is unlikely as they know its working to get me to pay.

The debt angel said they might disappear off the credit file after the ccj is removed but that is not guarenteed because i still owe quite a lump. 

Thanks for all the input, this one might take a while to clear off but i will get there!

adamp87

MoneyBurningHoles said:

I spoke to a debt angel today and they said that Amigo Loans dont have to report a default on my account and can keep the fire alive by reporting missed payments and also said this is a way of getting people to pay up which i suppose is fair enough.

Theres nothing i can really do apart from clear the balance to stop the missed payment reporting or make an offer for full final settlement. 

I could contact them and ask if they could stop the reporting of missed payments but that is unlikely as they know its working to get me to pay.

The debt angel said they might disappear off the credit file after the ccj is removed but that is not guarenteed because i still owe quite a lump. 

Thanks for all the input, this one might take a while to clear off but i will get there!

You’ve had poor advice here. They can’t just keep reporting missed payments when they’ve sold it and got a CCJ.

Either launch a formal complaint (perhaps get a SAR too) - and post your problem to perhaps debtcamel

https://debtcamel.co.uk/debt-default-date/
 
or consumeraction forum 

https://www.consumeractiongroup.co.uk/forum/159-payday-loans-and-short-term-loans-general/

Edit: Just to clarify it’s the loan with Amigo that’s reporting missed payments each month still

Not your CCJ itself?

MoneyBurningHoles

adamp87 said:

I’m pretty sure to get a CCJ they have to default the account but a default on your report and the actual default I believe isn’t exactly the same.

But anyway at this point when was the CCJ? You say it’s almost over, if Amigo have got a CCJ I’m going to assume they’ve sold the account to a debt buyer and the debt buyer sought the CCJ?

When it was sold the account should have stopped reporting from Amigo at that point on your file. It should have been defaulted on there and then after 6 years it will go away.

it shouldn’t still be reporting missed payments particularly after a default as they no longer own the debt. (If that’s what happened they sold it). 

I thought they went bust 2 years ago but they still seem alive

you want to lodge a formal complaint over your incorrect data to Amigo - and get them to remove the erroneous data I believe 

https://www.amigoloans.co.uk/complaints

the damage has already been done by the CCJ - but you don’t want -Amigo incorrectly reporting your account defaulted last week say so they might even need to back date a default on your report.

I think 

They havnt sold the account on and the CCJ expires this coming May. They will hound my credit file until the balance is paid i was told which is a shame but what can i do apart from try to clear it bit by bit. 

They were meant to go bust but the fca allowed them the redress scheme to give customers a chance of getting compensation for miss selling unaffordable loans to consumers. The FCA should of just hit them with the fine instead, they are savage people and really rude on the phone.

MEM62

MoneyBurningHoles said:

I spoke to a debt angel today and they said that Amigo Loans dont have to report a default on my account and can keep the fire alive by reporting missed payments and also said this is a way of getting people to pay up which i suppose is fair enough.

I believe that this advice is incorrect.  The account must be defaulted once the relation ship breaks down and you could certainly argue that it has once a CCJ has been issued - and probably for some time before that. You need to raise a formal complaint with the lender.  

sourcrates

87 Need for default notice.

(1) Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,—

(a) to terminate the agreement, or

(b) to demand earlier payment of any sum, or

(c) to recover possession of any goods or land, or

(d) to treat any right conferred on the debtor or hirer by the agreement as terminated, restricted or deferred, or

(e) to enforce any security.

Technically they have breached sec 87 CCA, that could have been used in your defence to the claim, however it could still form a basis to an official complaint to Amigo, as inferred above.

RBYHS

I have the same issue. 

However, no CCJ has been issued. 

However, they report late payments every month.  

Is there a way to make them stop?sourcrates said:

87 Need for default notice.

(1) Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,—

(a) to terminate the agreement, or

(b) to demand earlier payment of any sum, or

(c) to recover possession of any goods or land, or

(d) to treat any right conferred on the debtor or hirer by the agreement as terminated, restricted or deferred, or

(e) to enforce any security.

Technically they have breached sec 87 CCA, that could have been used in your defence to the claim, however it could still form a basis to an official complaint to Amigo, as inferred above.