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Operation Default Removal / Irresponsible Lending / Alleged Debt

soprano91 asked:

Hello all,

Looking for some advice (I’ve posted a couple times on the forum) as I’ve finally decided to stop burying my head in the sand and fix my credit. While I have a number of alleged debts with payday loans, credit cards and banks, I’ve decided to tackle the lenders/DCA’s who have placed defaults on my credit file, as I know they are affecting me the most. I’m deciding on how best to tackle these, and any advice would be greatly appreciated!!

Just know that my credit started going down hill in 2012, but there are a number of factors I’m trying to evaluate here.

1- Lowell Portfolio/O2
Default (£45): 2012
Now I never received the default from O2, nor after emailing their complaints team have I been able to get this removed (I’ve used pretty much all that is available to combat the ‘we’re not governed by the CCA’ crap). They have already admitted in an email they cannot supply me with an original contract, but instead just provided me a link of their CURRENT T’s & C’s.

Solution: 3 letters to Lowell? I’ve read plenty of court cases that have been struck out??

2- 24/7 Money Box
Default: 2014
So this was nice and easy – Sent 3 emails to them telling them they had irresponsibly provided me loans, and they agreed as a gesture of goodwill to write off my balance and remove my default.

SUCCESS

3- Robinson Way/Vanquis
Default (£2,084): 2014
Now while I was a student I was gifted with a great credit score (or so I was told by Vanquis), which meant after 6 months I saw my credit limit increase from £500 to nearly £3000. Without taking my student loan into account, I was only earning £300/£400 a month working part time.

Solution: Irresponsible lending by Vanquis, or 3 letters to Robinson Way? I seem to remember the whole credit card being set up on the phone, with no signature on any agreements.

4- Lowell Portfolio/Capital One
Default (£291): 2013
Here I’m not sure, because this account was settled in 2013 (when I was scared by their letters and ended up paying them), however I’d like to get this default removed too…

Solution: ???

5- HSBC Bank
Default (£1,285): 2013
This was for a student overdraft that was not paid. This however is showing on my credit file as settled, so I’m presuming they wrote it off as a bad debt, but then again I would like to try and get this default removed. Funnily enough, I applied for this as a 2nd student account, and after doing checks they asked me to confirm I didn’t have another. I was scared so didn’t reply, but then had a call a few weeks later saying my account was ready to use and to just pop into branch (I’m hoping they were in breach somewhere?)

Solution: ???

6- 1st Credit Finance/HSBC Credit Card
Default (£635): 2013
This has recently started being chased again by 1st Credit with various discounts.

Solution: 3 letters?

7- Robinson Way/Capquest/Santander Bank
Default (£1,316): 2012
Similar to Vanquis, I get regular letters from Robinson Way regarding this.

Solution: 3 letters?

8- Myjar/TxtLoan
Default (£272): 2012
I sent an email to Myjar on 08/01/17 and they have promised a response in 1 month regarding irresponsible lending.

9- Uncle Buck
Default (£480): 2016
Now the interesting thing here is that UB have issued their default notice 2 YEARS after the last payment to them (before I became wise enough to know I shouldn’t be paying them). I’ve read somewhere that they should usually be issued 3-6 months after a missed payment?
I’ve emailed them about irresponsible lending, and they’ve asked for a copy of my credit file, and bank statements.

Solution: Refuse. I know well enough now that their credit check would have blatantly shown a number of defaults already on my file. How do I proceed, email back, or FOS?


There are a few more alleged debts, however these are not causing me issues this minute so I’m ignoring them for now. I’d like to note that I was one of those who WONGA had irresponsibly lent to, and had written of any remaining balances and records from my credit file. However after calculating a total of £4000 in loans, I’m now chasing them for interest refunds. Given that I had this written off by WONGA in 2012, would this help my case with other PDL’s should I need to complain to the FOS?

Anyone that can shed some light and recommend the best course of action would be a saint!

Mrbean411 replied:

Hi there,

After reading your situation, I’m afraid to say that the best advise I can give is just to wait for the 6 years to pass so they drop of your credit report.

Getting an agency to remove a default/or the account removed in full is an absolute fight in paperwork, time and effort. It’s like getting bloody out of a stone.

If it was just one or two defaults I would say go for it. But you just have far too many, and the chances you have are pretty much non existent. There is no harm in trying I guess. Lenders see 1 default as bad as 5. So even if you magically got 4 removed…. if there’s 1 still there your screwed.

I’m currently trying to get my partners credit report better. My partner has 3 defaults with DCA’s. The task is absolutely daunting.

If you are going ahead with it, You need to find a different excuse or reason why each one should be removed. Don’t just send them all the same template letters. Treat each case differently. E.g…… you could say you (the DCA) has added extra unreasonable unfair charges which breaches the FCA….. another one you may not have received a letter so that’s a valid point etc and so on….

But by all means get your interest back from wonga. I just think your reports going to garbage until 6 years from the latest default.

It’s not just defaults that can effect you.
Using payday loans tells lenders your a high risk and have to borrow just to get by.
Any late payments are also bad…..

But good luck, there’s certainly no harm in trying.
I might be giving you the wrong advice here so don’t take my word for it. But the task of getting all those company’s to remove all those defaults is going to be immensely difficult. All the best

soprano91 replied:

Thanks for your reply MrBean.

I’m aware that this will not be an easy task, but having buried my head in the sand for so long and having been reading these forums for the longest time I’m more than prepared for the fight.

Because my credit went to pot in 2012, I’m confident that some of those who irresponsibly lended to me will eventually have to give up.

Checking my credit report with all 3 agencies, some of my loans aren’t even appearing yet I still receive letters.

Also, I’m sure that each default you have does bring your credit score down for each default (provided they aren’t for the same account), would I be right in thinking that?

As mentioned I did have success with getting one completely wiped from my credit file, so while I know it won’t be as easy, I’m prepared to fight tooth and nail.

Any other thoughts?

letissier15 replied:

I’ve removed 14 defaults

My original post on removing defaults

/removing-defaults-from-you-credit-file/

soprano91 replied:

Hi Lettiser,

Thanks for your reply. Your original post is what’s partly motivated me to try and get these removed.

Any tips based on the situations I’ve posted above?

letissier15 replied:

Will read your post more thoroughly tomorrow and get back to you 😀

soprano91 replied:

Much appreciated 🙂

ajhuk29 replied:

Hey Soprano 91.

Would you be kind enough to tell me what you wrote in your emails RE: irrisponsible lending? It’d be very helpful and very much appreciated.

Tiggy replied:

Try this

Lookingahead wrote:
Hi all,

How does the below email sound? You’re all welcome to add to it :). Any help is appreciated


Dear XXX

Re: Formal Complaint

With regard to the above, please accept this as a formal complaint regarding the conduct of your Regulated Company in respect to affordability checks you carried out prior to granting me loans.

I now, firmly believe, these were made without sufficient checks bring undertaken in accordance with the EC directive 2010 on affordability and credit worthiness, BEFORE the loan was granted.

Affordability
Means Testing & Credit worthiness
There is an legal obligation to assess credit worthiness of the borrower. Based on
information obtained from the borrower on current borrowing and their credit
history along with information returned by credit reference agencies.
All lenders are under a duty to base their lending decisions on a responsible
assessment of the borrowers credit worthiness, making reasonable
assumptions so as to avoid contribution to over-indebtedness.

Affordability
Means Testing & Credit worthiness
Lenders will have to (where applicable):
• Check the borrowers credit status by obtaining relevant data from a credit reference agency (where applicable) or information provided by the borrower regarding existing income and credit commitments
• Seek evidence from the borrower to estimate the borrowers disposable income on the basis of the total income and financial commitments. Future economic and other changes, in particular the possibility of
interest rate changes, must also be considered in assessing affordability.


Therefore, to up in order to prove your compliance with the above, can you provide me with details of the checks undertaken in accordance with said Directive, along with the name of the person who carried out the due diligence required to grant the loan.

Please Include all information/checks carried out including borrowers debts/affordability

Yours sincerely,