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  • #91
    Also, why is it good news if no default notice has been issued? The Empire Stores account (now with Arrow) is showing no default and Arrow have admitted that they cannot supply the requested CCA and will no longer chase this debt... does having no default help me?

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    • #92
      a default should be sent to you so that you have chance to rectify it( pay the arrears) before it is registered on your credit file, one should also be issued before the account can be terminated and sold on,
      It also means ( I Think) that if they did not issue a DN they cannot register one on your credit file.
      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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      • #93
        Originally posted by nightwatch View Post
        a default should be sent to you so that you have chance to rectify it( pay the arrears) before it is registered on your credit file, one should also be issued before the account can be terminated and sold on,
        It also means ( I Think) that if they did not issue a DN they cannot register one on your credit file.
        So how would I get this off my credit file? The account with Arrow should have been defaulted back in 2011 but wasn't. It was being paid up until last June when I asked for CCA. So now it's showing as unpaid each month (prior to that it was 'up to date') even though they've confirmed they'll no longer chase it. So essentially I'm in a worse position on my credit file than when I started this... not that I want to get any credit but it would be nice to have it clear.

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        • #94
          If no DN was issued/served before the account was terminated and subsequently assigned to a debt purchaser, then the Claimant (if a claim were to be issued) would have difficulty in enforcing the debt in court.

          (This can be slightly different in the case of loans passed their expiry date and overdrafts.)

          Di
          Legal Disclaimer

          I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

          Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

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          • #95
            Originally posted by unicorndeva View Post

            So how would I get this off my credit file? The account with Arrow should have been defaulted back in 2011 but wasn't. It was being paid up until last June when I asked for CCA. So now it's showing as unpaid each month (prior to that it was 'up to date') even though they've confirmed they'll no longer chase it. So essentially I'm in a worse position on my credit file than when I started this... not that I want to get any credit but it would be nice to have it clear.
            Any answers to this please? I'm just a bit concerned that the Arrow debt will stay on my file forever???

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            • #96
              when you say it was being paid, was it on an arrangement to pay if so with who Arrow or OC
              I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

              If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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              • #97
                Originally posted by nightwatch View Post
                when you say it was being paid, was it on an arrangement to pay if so with who Arrow or OC
                It was being paid to Arrow (for 5 or 6 years) on a DMP up until June or July last year, I think (whenever I asked for a CCA). Since then Arrow have admitted that they cannot supply a CCA and will no longer chase this debt. However, just today my credit file changed and my score has gone down because they registered missed payments. I'd really like to be able to sort this one because, as my husband has reminded me, we will need to renew our mortgage soon and with interest rates going up, it would be good if we could shop around.

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                • #98
                  it could be that Arrow have registered the account as an arrangement to pay and when you stopped paying they defaulted it, I think you may need to SAR the original creditor to see if they issued a default, if ththey did you can argue with the CRA's that it should of been registered within 6 months of that date
                  I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                  If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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                  • #99
                    Originally posted by nightwatch View Post
                    it could be that Arrow have registered the account as an arrangement to pay and when you stopped paying they defaulted it, I think you may need to SAR the original creditor to see if they issued a default, if ththey did you can argue with the CRA's that it should of been registered within 6 months of that date
                    Thanks Nightwatch.

                    It was a catalogue company, Empire Stores. Do they have to respond to a SAR?

                    Comment


                    • SAR request they have 40 days to respond if not contact the ICO
                      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                      Comment


                      • Sorry to be a pain but I have a couple of questions re: defaults.
                        1) Having looked back through my remaining paperwork for Empire Stores I have found a letter stating ' Notice of Default Sums under the Consumer Credit Act 1974' but it seems to relate to an unpaid fee charge. Can that be taken as a notice of default?

                        2) Do companies have to default an account that has gone into arrears prior to selling it on?

                        Just thought I would ask this prior to issuing a SAR.

                        Thanks for taking the time to answer so far

                        Comment


                        • Originally posted by unicorndeva View Post
                          Sorry to be a pain but I have a couple of questions re: defaults.
                          1) Having looked back through my remaining paperwork for Empire Stores I have found a letter stating ' Notice of Default Sums under the Consumer Credit Act 1974' but it seems to relate to an unpaid fee charge. Can that be taken as a notice of default?

                          2) Do companies have to default an account that has gone into arrears prior to selling it on?

                          Just thought I would ask this prior to issuing a SAR.

                          Thanks for taking the time to answer so far
                          I suppose you are referring to Diana's Entry of 9th January 2018, 17:43
                          Originally posted by Diana Mayhew View Post
                          If no DN was issued/served before the account was terminated and subsequently assigned to a debt purchaser, then the Claimant (if a claim were to be issued) would have difficulty in enforcing the debt in court.

                          The SAR will show ALL the information that EMPIRE have Or don't have on their records. This will also be the only information available to Arrow which is what you need to know.
                          You may find that your paperwork is more complete (or incomplete) compared with the SAR!!




                          Comment


                          • Originally posted by Roger View Post

                            I suppose you are referring to Diana's Entry of 9th January 2018, 17:43



                            The SAR will show ALL the information that EMPIRE have Or don't have on their records. This will also be the only information available to Arrow which is what you need to know.
                            You may find that your paperwork is more complete (or incomplete) compared with the SAR!!



                            Sort of but I'm asking for clarification. I really need this debt off my file which (if it was defaulted when it should have been) it would be off by now. But I am also wondering what the legalities behind registering defaults are (including timelines) and whether their use of ' Notice of Default Sums under the Consumer Credit Act 1974' for an unpaid charge is legal? I will be issuing a SAR but what if their was no default issued and if so, how do I get this account off my credit file (I have asked this before but have had no answer... just wondering if anyone knows).

                            Comment


                            • Originally posted by unicorndeva View Post

                              Sort of but I'm asking for clarification. I really need this debt off my file which (if it was defaulted when it should have been) it would be off by now. But I am also wondering what the legalities behind registering defaults are (including timelines) and whether their use of ' Notice of Default Sums under the Consumer Credit Act 1974' for an unpaid charge is legal? I will be issuing a SAR but what if their was no default issued and if so, how do I get this account off my credit file (I have asked this before but have had no answer... just wondering if anyone knows).
                              One step at a time

                              Originally posted by nightwatch View Post
                              it could be that Arrow have registered the account as an arrangement to pay and when you stopped paying they defaulted it, I think you may need to SAR the original creditor to see if they issued a default, if ththey did you can argue with the CRA's that it should of been registered within 6 months of that date
                              Instead of 'what if's, why not get on and issue the SAR to get a clearer picture of what has been issued?

                              Comment


                              • Originally posted by Still Waving View Post

                                One step at a time



                                Instead of 'what if's, why not get on and issue the SAR to get a clearer picture of what has been issued?
                                Which is what I'm doing but wondered if anyone had answers to these questions in the meantime! I'm sorry but I'm sensing a bit of hostility here and apologise if I'm upsetting anyone but thought this was the place to ask questions?

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