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Advice - Clearing Defaults

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  • Advice - Clearing Defaults

    Hi,

    I am new to all this and have only found out this week that you could possibly get defaults removed.

    Am I right in thinking that you can only potentially get a default removed if it is from the Debt Collector and not the Original Creditor. And you can also try if a default was lodged after 6 months of making the default, and this could be with an original creditor and a debt collector?
    Hi All,

    Has anyone had any joy dealing with Debt Managers? I had my car on Finance with Moneyway and stupidly missed the last payment, I thought everything was paid up.

    the debt has now been passed to Debt Managers. I am happy to pay the balance but what I am more concerned about is getting the defaults removed from my account especially as the rest of my payments with them had been on time.

    I have had various texts and emails from them and have recently this week had one from them which now says Notice of Legal Assessment.

    the default date for this was in 2014 and I think the loan was initially taken out in 2010.

    Should I bother sending them the first letter? Do you think I can barter with them and see if they can remove the default if I pay the balance? I did ask this on the phone to them once and was told no, but I wasn't aware of this website then, and that it could be possible.

    Any advice is much appreciated.
    Tags: None

  • #2
    Re: Advice - Clearing Defaults

    Originally posted by Browsta View Post
    Hi,

    I am new to all this and have only found out this week that you could possibly get defaults removed.

    Am I right in thinking that you can only potentially get a default removed if it is from the Debt Collector and not the Original Creditor. And you can also try if a default was lodged after 6 months of making the default, and this could be with an original creditor and a debt collector?
    Hi All,

    Has anyone had any joy dealing with Debt Managers? I had my car on Finance with Moneyway and stupidly missed the last payment, I thought everything was paid up.

    the debt has now been passed to Debt Managers. I am happy to pay the balance but what I am more concerned about is getting the defaults removed from my account especially as the rest of my payments with them had been on time.

    I have had various texts and emails from them and have recently this week had one from them which now says Notice of Legal Assessment.

    the default date for this was in 2014 and I think the loan was initially taken out in 2010.

    Should I bother sending them the first letter? Do you think I can barter with them and see if they can remove the default if I pay the balance? I did ask this on the phone to them once and was told no, but I wasn't aware of this website then, and that it could be possible.

    Any advice is much appreciated.
    Hi welcome to LB,

    It has become more difficult to get defaults remove as the Information Commissioners Office view is that an account showing on credit files must be accurate, up to date and show the full conduct of the account.
    The ICO's technical advice on defaults says the a default "should " be placed within 6 months of the cause of action, however this is usually only successful in getting a default backdated to a more reasonable date not removal of the default.

    nem

    If you believe that the default was unfair make a written Formal Complaint to the original creditor with all the details why you believe the default is unfair. If after this you do not get what yo consider to be a reasonable reply make a complaint to the ICO.

    Has the original creditor sold the account?
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.




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    • #3
      Re: Advice - Clearing Defaults

      Thank you for your help.

      So, I have an old credit card debt that was passed onto Lowell (does that mean they bought the debt)? And Car finance with Money way that is now dealt with by Debt Managers - both Debt collection agencies. Does this mean they bought the debt?

      Both defaults are logged by the DCA and not the OC.

      So what is the 3 letter system with regards to? I was under the impression that it was to get defaults removed?

      Apologies, I am new to all of this and trying to make sense of it all.

      Many thanks

      Comment


      • #4
        Re: Advice - Clearing Defaults

        So what is the 3 letter system with regards to? I was under the impression that it was to get defaults removed? you been reading a certain site??

        Para 2 = read above by Nem - any 3 letter nonsense ignore

        Comment


        • #5
          Re: Advice - Clearing Defaults

          [MENTION=3599]MIKE770[/MENTION] is spot on this 3 letter system is founded in the delusion of a group Freemen on/of the Land who basically believe that debt does not exist and law and regulation do not apply to them.

          NB the original places the default and when/if the debt is sold the purchaser must up date credit files with their company name etc. the deb purchaser Cannot change the original default date.

          The ICO " prefers" to see the original creditors file entry marked " settled" side by side with the debt purchasers entry in order to show the true conduct of the account but some creditors will remove their entry.
          nem
          The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
          Please make your own decisions with care and if necessary seek qualified legal advice.
          I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.




          Comment

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