Information to help you deal with your CRF's

Moderators: TalbotWoods, JaneClack

By YorkshireRose
#304413 Hi, I'm new here so please bear with me!!
I have been checking my credit files regularly for the past three months using checkmyfile . Com, I have poor credit rating, I have utilities on my file, my bank account (from which I never go over drawn) two credit cards a catalogue (I pay off full balance every month) then a student over draft from years back. This has a default on it, the overdraft is £2300 (it was £2k but once they turned my student account into a normal account they put interest on it so fast!) my husband left me with the kids, I had to leave the RAF to be a mum so have no career anymore, and he doesn't pay maintenance. I don't have alot of money, I live within my means, I had an arrangement with RBS to pay £5 a month which I did, the only way they accepted payment was through my credit card. I set up payments. I completely forgot about RBS when my card expired and when I remembered I tried to pay the few months I had missed as well as set up my new card for future payments. Payments were declined and I hit a wall. At no point did RBS contact me, then I got a letter from Wescot saying they now had the debt, (p.s as a gesture of goodwill RBS stopped adding interest when I first rang in tears to set up the £5 per moth)
I now have an arrangement with Wescot to pay £10 per month but RBS are on my credit file with a default. It's due to drop off my file Jan 2017.
If I write to RBS can I ask them to remove the default as they never contacted me? At no point have I ever tried to shy away from paying, but it's not good on my file, I know I was daft for not remembering to change my card details but?!?!
Also, Wescot say I can pay £1800 now to partially settle? I can't afford that I can barely pay the £10 a month, my dad could lend me some money for a settlement but I'm talking a few hundred (as I'd have to pay it back!!) am I able to offer them a figure of say £200? (just plucking a number there) or will I get laughed out of town?!
And... Once Feb 2017 comes round and it's dropped off my file, what happens to the money I owe? Can they sell it on and have it reported again? Can they try and take me to court to get it all?! I really don't have much money, I was a nurse in the RAF, my ex husband was a dentist in the army, we never needed to own a home as we lived in quarters. I'm now careerless (not been registered for that long I have to retrain) I'm in rented accommodation alone with three children, can anyone offer me sine advice?!
Apologies for going on it's rather a long story lol
Thank you in advance!!
By Missy0810
#305293 What a terrible situation for you to be in. Thoughts are with you and your children during ths tough time.

Creditors rely on your fear, and I can speak from experience where RBS are concerned.

This may seem somewhat irresponsible and anyone on a moral high ground quest, plug your ears at this point, but if you stopped paying them and just opened a new bank account elsewhere, it is highly unlikely your credit rating will be affected.
Of course, you'd have to be prepared to take the chance, but let me tell you of my experience with rbs and also my basic knowledge of debt from a friend who works for a collections agency. I also worked fr a bank for 5 years and have a good knowledge of the standard processes and the jargon and tactics used to stir fear within customers in debt. (I wasn't party to this myself as I had authority to refund fees but to hear how some colleagues took out their bad mood on the customers was appalling).

I had an account with RBS for many years and at one point, I cancelled a standing order, however, un-noticed by me for several months, they had continued to pay my standing order. When I finally noticed, I contacted them and the buggers reused to correct THEIR error until I went for an appointment and signed a statement saying that if the person in receipt of the funds gave me the money in any other way then I was label to return the funds to them from my account. It seems completely crazy now that I did it as the bank were at fault and I should not have been further inconvenienced because of thir mistake, however, their mistake put me into unauthorised overdraft (well, an additional £300 per month was disappearing from my account when it shouldn't be...) and they had the cheek to charge me!

Eventually, I got sick and tired of the whole business and I opened a new account, abandoned the rbs one with the charges and nothing ever came of it. This was 5 years ago. I have heckled my file recently and there is nothing on it from rbs.

I wasn't owing as much as you, but in my experience and from the advice from my friend who works in collections; they aren't going to go to the expense of taking you to court for a couple of £k.

As I learned when I tried to open a new account with them last month (husband banks with them so thought I should try again), they don't forget in a hurry! I.e, application declined. But who cares, I'm not worrying myself silly about their opinion and in your case, about deciding whether to feed the kids or the fat cats.
After 6 years, on any debt that has been pursued by a creditor but not acknowledged in writing by the debtor (yourself), then it can legally be deemed as "statute barred".
You just have to say these 2 magic words and the debt will disappear!

Good luck! xx
By nomlas
#305423 I dont think you have a chance of having the default removed but it cant be issued again, when it drops off your file thats it, gone forever.

Now regarding Wescot, in your situation I would just pay them £1 per month, they will accept although they will try to get as much as possible. I would write to them, recorded delivery, tell them your situation and stress that you have NO ASSETS. They will NOT take you to court and I would not even think about paying a lump sum it will do you no good whatsoever. Just be firm and dont discuss anything with them on the phone, you are perfectly entitled to insist that all communication is in writing only. If they ring you refuse to answer their security questions and say you can discuss in writing only then simply hang up, easy :) Regards and good luck. -- nomlas
By nomlas
#305433 Also, you may qualify for a Debt Relief Order, which would wipe out all your debts for a fee of approx £100. You have to meet certain criterea, please post if you need advice.