MINT Default - desperately need help please!

[atchaa]

Hi,

I have a default with Mint that is still shows as unsettled, and I have not heard from them in 3 years. Will it automatically drop off in 3 years if I do not settle it?

I am really unsure what to do. I really want to get a mortgage in a few years time, and want my credit record clean by 2011. I am inclined to let sleeping dogs lie, but then again, if they sell it to a DCA, then I will have another default stuck on and another 6 years - too much risk I think!

So, my primary question is, if I write and offer to settle the balance in full, on the condition that they remove the default notice from my credit file immediately, is this something they sometimes agree to? Or is it a no-hoper?

OR - should I write and challenge the default through all the usual methods (Mint do not seem that responsive based on what I have read here!)

ANY help MUCH appreciated!


Would really appreciate some advice...as I really need this default removed.

Thanks a lot in advance!

[dx100uk]

or poss cca them first, if no caa then your offer of F&F can be a very much reduced figure.

i'd also consider an Subject access request at some point, if you have a default, then you must have charges you can claim back.

dx

[atchaa]

Originally Posted by dx100uk

or poss cca them first, if no caa then your offer of F&F can be a very much reduced figure.

i'd also consider an Subject access request at some point, if you have a default, then you must have charges you can claim back.

dx

thanks for this.

can I use the unfair charges route to get the default removed also?

Oh, and forguve my ignorance but whats an F&F?

Thanks!

[dx100uk]

F&F is full & final settlement.
you would only be able to get the default removed under your reclaim proces if you could prove it was solely down to unlawfull charges that put you over you limit.

dx

[atchaa]

ok thanks, in that case unfair charges will not get the default removed for me....

but I am still none the wiser as to whether companies are willing to remove the default if I make it a condition of F&F settlement.

[dx100uk]

you can only ask.
there is no set rule.
some do, some don't, but they are under no obligation too.
if they held a cca at the time it was put on, then, onjectively, there is no reason for them to remove it, other than goodwill.
dx

[silverfox1961]

Hi,
One point not mentioned

You cannot be defaulted for a second time on the same debt so your default will fall off in 3 years anyway

[atchaa]

Originally Posted by silverfox1961

Hi,
One point not mentioned

You cannot be defaulted for a second time on the same debt so your default will fall off in 3 years anyway

Oh really? That is great news. Are you certain of this?

You see, the main issue for me is that I need to make sure my record is clean in 3 years.

The agencies say they report for AT LEAST six years, does anyone know of situations when defaults are reported for longer if they are not settled?

Or am I completely in the clear come 3 years, even if a DCA gets hold of the debt?

[silverfox1961]

The six years start from a cause of action, usually a missed payment.
For example, you miss the march 08 payment, it's recorded on your credit file. you continue to miss payments and eventually you get defaulted in say July08. It shouldn't fall off your file in July 2014 but March 2014

If you were defaulted for a second time on the same account, you have the right to have the second default removed otherwise they could default you as often as they liked and your credit file would never become clear.


fox

[willtheywontthey]

subbing......

on the last issue could I ask which regs state the 6 year 'clearance' starts with late payments rather than defaults?

eg what if late payments been done for 12+ months (one late or two late and sometimes 0 late then back to 1 or 2 or 0 to 1 etc etc then a default) - how would that work??

Also what if RBS 'suddenly' clear your credit file only to start again?
One last question - how can you check credit reports (eg with Creditexpert for example) but without signing up t them (had read signing up not a good thing to do as they sell your information and also your own registration counts as a search etc in your credit score???)

[silverfox1961]

Originally Posted by willtheywontthey

subbing......

on the last issue could I ask which regs state the 6 year 'clearance' starts with late payments rather than defaults?
Would you believe that there are no rules per se but an acknowledgement from the information commissioner that 6 years is fair

eg what if late payments been done for 12+ months (one late or two late and sometimes 0 late then back to 1 or 2 or 0 to 1 etc etc then a default) - how would that work??

If you missed two payments then made the next couple on time the original two were missing which is the cause of action (in my opinion)

Also what if RBS 'suddenly' clear your credit file only to start again?
One last question - how can you check credit reports (eg with Creditexpert for example) but without signing up t them (had read signing up not a good thing to do as they sell your information and also your own registration counts as a search etc in your credit score???)

If RBS did that you could sue them and get the CRA to remove the adverse information as they would also be liable (because they should know the other info was there first and you can't be defaulted twice for the same debt)

In answer to your last bit, it's a case of weighing up the pros and cons of getting your credit report. The CRA's will pass on your details if asked which could bring the nasties out from their caverns

fox