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Removal of default

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  • Removal of default

    Hi
    I received default and then a ccj from capital regarding non payment of a credit card. My mum used the card and said she paid it when she hadn't. I lived in NZ for 18 months and didnt know there was a debt owing, but as soon as I returned back to the UK it was paid in full. The courts set aside the ccj but capital are refusing to remove the default. Unfortunately my future career rests on my credit rating so this is causing me a lot of stress. Can anyone advise me. Kind regards
    Tags: None

  • #2
    Based on what you've explained, I don't think they have to remove the default. You failed to pay on time and presumably they trecorded a default because of the non-payment. That to me is a true fact and therefore it should stand for the next 6 years.

    Only way you could reasonably get that default removed is to show or somehow prove there was no default at all.

    Sadly, a (harsh) lesson in letting someone else use your credit card.
    If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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    LEGAL DISCLAIMER
    Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

    Comment


    • #3
      Thank you. Yes a harsh lesson.
      could you explain what you mean by this
      'Only way you could reasonably get that default removed is to show or somehow prove there was no default at all.'

      Comment


      • #4
        Exactly what I said. You would need to show that there was no default and payment was made on time or within the time specified by the credit company. However, from what you've said, there is likely no chance of that happening since it is admitted that there was a non-payment.

        You can appeal to their better nature but unfortunately, you don't get to clean up your credit history when you feel like it. It will be shifted after 6 years from when it was first recorded.
        If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
        - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
        LEGAL DISCLAIMER
        Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

        Comment


        • #5
          I feel it's unfair also because despite me advising of an address change it was never updated so they continued to send statements to an address that was empty. My family and I emigrated.

          Comment


          • #6
            If they didn't change the address after notifying them and resulted in the default which would otherwise meant you would have paid the outstanding balance, then you may have an argument but the onus will be on to you to prove that. Simply stating that is what happened is unlikely to get you anywhere at all, so there needs to be some kind of evidence to suggest that. If the finance co. still refuse then your other option is going to court and getting finality on the issue.

            Is it unfair? Perhaps, but it still boils down to the fact that you are the account holder and responsibility ultimately lies with you. If there is facilities to set up an online account then you could have done that to monitor any transactions and if they have been paid or not - most creditors if not all offer some kind of online account management that notifies you when payments are due.



            If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
            - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
            LEGAL DISCLAIMER
            Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

            Comment

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