reporting to credit file/default

[Pastof]

Hi
I have been in a dmp for about 16 years,I recently came out of the plan and started to deal with my creditors myself
one of my creditors have said that my account is not defaulted,they took over the account in 2010, 9 years after I initially defaulted
they never showed up on any credit search Clearscore/Experian but 2 months ago they appeared on my clearscore account,they backdated till 2013 and one of their entries show the amount was closed in July of last year,then reopened 2 months ago
they do still not appear on my Experian credit file only clearscore
I am under the impression they are saying it is not defaulted to try to squeeze me
I keep telling them this account has been defaulted but they put the onus on me by saying show us the paperwork

i'm literally pulling my hair out and would greatly appreciate any advice

I have cca them but as yet they have not got back to me

[Amethyst]

Re: reporting to credit file/default

Is the creditor you are trying to deal with the original creditor or a third party debt purchaser ?

[Pastof]

Re: reporting to credit file/default

Hi Amethyst
the creditor is Cabot whom I am led to believe purchased the debt,they use the terminology assigned

[pt2537]

Re: reporting to credit file/default

Hi
I have been in a dmp for about 16 years,I recently came out of the plan and started to deal with my creditors myself
one of my creditors have said that my account is not defaulted,they took over the account in 2010, 9 years after I initially defaulted
they never showed up on any credit search Clearscore/Experian but 2 months ago they appeared on my clearscore account,they backdated till 2013 and one of their entries show the amount was closed in July of last year,then reopened 2 months ago
they do still not appear on my Experian credit file only clearscore
I am under the impression they are saying it is not defaulted to try to squeeze me
I keep telling them this account has been defaulted but they put the onus on me by saying show us the paperwork

i'm literally pulling my hair out and would greatly appreciate any advice

I have cca them but as yet they have not got back to me

Nonsense, they have to ensure the data they are processing is up to date and accurate. This is clear from the Data PRotection Act 1998 (see Grace v Blackhorse)

[Pastof]

Re: reporting to credit file/default

pt2537
thank you for taking the time to respond to my thread,I will look into the info you gave....(Grace V Blackhorse)

[warwick65]

Re: reporting to credit file/default

While it is true that the credit reference file should be accurate sometimes if it wiser to do nothing and let things progress

Examples might be
- if it does not really have an impact on you , maybe you do not want credit
- if you have decided to stop paying because of non compliance with a cca request - if you poke them it might just get your account brought to the top of the pile
- if it a large amount where you are happy to just keep paying.

I have a personal example, amongst what few defaults i have left on my file is also a late payment marker- now this creditor wrote to me a year ago saying they were going to put a default on my file starting mid 2012 which was the date of the last payment from a dmp . I have decided to leave it alone until 12 months time as at that point the account will be SB and would be my only negative marker on my account - then I can make a fuss

[Diana M]

Re: reporting to credit file/default

I keep telling them this account has been defaulted but they put the onus on me by saying show us the paperwork

I have cca them but as yet they have not got back to me

Whatever you do please don't fall that old trick where a debt purchaser may have no idea when the account was defaulted or when the Default Notice was issued (if ever) so they may be trying to get you to give them information (evidence) which they haven't got and would need if they want to enforce the debt in court sometime in the future (hopefully not but Cabot can be litigious).

I'm glad you've sent Cabot a s 77-79 CCA Request because 16 years in a DMP is a long time.

Have you sent CCA Requests to all the others too? I would if you haven't already.

Di

[Pastof]

Re: reporting to credit file/default

All of the creditors have been sent cca requests
the situation is thus....
at the moment my credit file is showing as excellent......
I wanted to full and final with Cabot, they say they will accept a full and final and mark the file as partially settled
as this was defaulted over 16 years ago they cannot mark my file with another default
but they keep saying they can

I'm going to stop paying them
I have no faith in the way they mark my file which makes me question how true their figures are on the outstanding balance
if they cannot get that right......how on earth can I trust them on anything

[warwick65]

Re: reporting to credit file/default

Just my opinion

What will you do if they can not produce a copy ( or recon) of your agreement?

What will you do if the copy they do produce is non compliant and therefore incorrectly executed?

Others will disagree with me but I always found Cabot to be relatively straight up- if they couldn't get the agreement they told me and said they couldn't enforce . I had something like 10K of debt closed by cabot because of that

having said that, 12 months ago I sent them two CCA requests, had one letter saying they had asked for it, would forward it when received and they would keep me updated, since then zippo - nothing. Long may it stay that way. They own the vast bulk of my debt - or at least cabout financial (uk) do

[Pastof]

Re: reporting to credit file/default

thats a really good question,
I would love the debt to be written off,however I am also aware that I DID run up the debt and I do feel an obligation to pay
I just don't want to be treated as a cash cow,My dad (honestly) has offered to help and it would be a great weight off my shoulders
I just don't want them to start messing up my credit file,Dad won't be around forever and if I needed a new sofa from dfs (interest free for 5 years)
I may not be able to get it due to them marking my file incorrectly
im not young
I'm nearly 50 and i am trying to clear my debts before I am a pensioner

[Debt Camel]

Re: reporting to credit file/default

After 16 years I think you have tried as hard as it is reasonable to do. If they can't produce the CCA documentation then I suggest you stop making any payments. I would forget about the default business until the CCA is resolved, then come back to the default with that clearer.

[Diana M]

Re: reporting to credit file/default

Is your new other thread about the same issue >

http://legalbeagles.info/forums/show...852#post741852

received this letter,the other day

I don't see how they can report on my credit file when they have no proof of debt
also I had been paying Cabot for about 6 years,yet they only recently appeared on my clearscore file,they still do not show on my Experian report

any advice greatly appreciated

Di

[Pastof]

Re: reporting to credit file/default

Is your new other thread about the same issue >

http://legalbeagles.info/forums/show...852#post741852





Di

Its more of a continuation about the same issue,they just sent the letter saying they will no longer be pursuing the debt,and yet.....They still want to report to my credit file
or maybe they just want me to keep paying

[MIKE770]

Re: reporting to credit file/default

they can report on file regardless, if there is an outstanding amount they report it until after 6 years on CRA or 5 years scotland, as long as it is an accurate reference, a debt non enforcecable does not automatically go away as a non event.