Full and final settlement help thread

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Comments

  • Bettingmad
    Bettingmad Posts: 715 Forumite
    Tixy wrote: »
    People have had success with writing to the reporting entity, to point out that the default is inaccurate, unfair and not in accordance with the ICO guidance on filing defaults that was in place at the time and that in accordance with that guidance the default should have been registered no later than Xdate (probably 6months from when you entered the DMP)

    That guidance is here in post #2 - ICO/SCOR - Principles for the Reporting of Arrears, Arrangements and Defaults
    and probably the most relevant section would be 21 (which states AP are temporary short term, and also that a customer shoule not be placed in a worse position than someone who has made no effort to pay whatsoever - which you obviously have been).

    ICO have recently changed their approach to AP markers, they now view them as a fair reflection of the account no matter how long they place them on your credit file. I can vouch for this as I have 3 yrs of AP markers and made a complaint to ICO. Complaint flatly rejected.

    On a slightly better note as I am now paying over the minimum to Barclays they are now marking my account as ok with no further AP markers. As I still have over 2 yrs to go on my plan this will be no problem.
  • 852318
    852318 Posts: 28 Forumite
    I have been on the DMP since SEP 06 so the defaults should have been registered and cleared by now. So frustrating. They keep marking my file as 6 payments late too despite never missing a payment to payplan. So it is single handed killing my file, hence why I want it gone.

    Do you think I can get a default issued retrospectively and therefore the account removed from my files?
  • Tixy
    Tixy Posts: 31,455 Forumite
    Bettingmad wrote: »
    ICO have recently changed their approach to AP markers, they now view them as a fair reflection of the account no matter how long they place them on your credit file. I can vouch for this as I have 3 yrs of AP markers and made a complaint to ICO. Complaint flatly rejected.

    On a slightly better note as I am now paying over the minimum to Barclays they are now marking my account as ok with no further AP markers. As I still have over 2 yrs to go on my plan this will be no problem.

    Yes I've also seen some recent cases where the ICO hasn't agreed with a complaint of this nature, however I still think it is worth a try to cabot and to point out the ICO guidance that was in place at the time in question.
    They may agree to change it without getting as far as a complaint to the ICO.
    A smile enriches those who receive without making poorer those who give
    or "It costs nowt to be nice"
  • Tixy
    Tixy Posts: 31,455 Forumite
    852318 wrote: »
    I have been on the DMP since SEP 06 so the defaults should have been registered and cleared by now. So frustrating. They keep marking my file as 6 payments late too despite never missing a payment to payplan. So it is single handed killing my file, hence why I want it gone.

    Do you think I can get a default issued retrospectively and therefore the account removed from my files?

    I think it is worth a try. Not guaranteed but worth a letter to cabot.
    A smile enriches those who receive without making poorer those who give
    or "It costs nowt to be nice"
  • 852318
    852318 Posts: 28 Forumite
    I have sent a dispute saying that defaults should have been registered against these accounts as they have been in arrears since 2006 and in a DMP with Payplan since September 2006.

    Not very hopeful but I do feel like I have been treated unfairly in this instance, punished for repaying the debt rather than ignoring it.
  • 852318
    852318 Posts: 28 Forumite
    sent the disputes to EQUIFAX and Experian not Cabot or Marlin, should I have sent it to them?
  • mrs_w
    mrs_w Posts: 29 Forumite
    Hello

    I hope/wonder if anyone can offer any advice.

    I'm in a DMP with Payplan, owe £4.3k

    Buchanon Clark and Wells (Tesco Car Insurance) £70.25
    Cabot Financial (can't remember what this was for!) £1266.08
    Direct Legal (CitiFinancial credit card) £666.99
    Halifax (credit card) £955.99
    Dorothy Perkins Store Card £269.63
    Next store card £489.84
    Littlewoods £287.72
    Natwest £145.79
    Moorcroft (Shop Direct) £169.05

    I should be debt free by Nov 2016 with my monthly payments being £198.

    My income is about to increase (hurrah finally got a well paid job!) and I'd like to get rid of my DMP as quickly as possible.

    None of these creditors appear on my noddle report - should I offer F&F settlements to them? if so how much? If they accept do they reappear on my report?

    Thanks in advance!
  • teleop
    teleop Posts: 104 Forumite
    Hi folks hope somebody can give a bit of advice. I had an account with House of fraser that defaulted and eventually was sold onto a debt company. Recently I have emailed them asking if they would accept f&f. The balance is £998 & I offered them £250 as a starter. Today I have rang them to see if the received it ok. which they had and said they don't do f&f.settlements. This account was originally opened 2002 .I have read on here about asking the debt company if they have the CCA. Could someone explain this to me and how it would help if they didn't have it. Does it need to be the original. By the way I am up to date with all payments paying through a DMP. Hope someone can explain thankyou.
  • DurhamM
    DurhamM Posts: 3 Newbie
    Hello All, I hope someone can help.

    I am thinking about making a Full and Final offer and some of my debts have been sold on, two of them at least twice.

    If I contact the current owners of the debts, do they have any legal obligation to tell me what they paid ?
  • fatbelly
    fatbelly Posts: 20,457 Forumite
    Name Dropper First Anniversary First Post Cashback Cashier
    edited 13 February 2015 at 11:46AM
    DurhamM wrote: »
    Hello All, I hope someone can help.

    I am thinking about making a Full and Final offer and some of my debts have been sold on, two of them at least twice.

    If I contact the current owners of the debts, do they have any legal obligation to tell me what they paid ?

    Unfortunately no.

    Are you sure they have been sold (assigned) twice?

    As a rough guide we believe most debts get sold in the 6 - 16% range. But it could be less than that if the debt is defective due to being statute barred or otherwise unenforceable.
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