Defaults on credit file- advice needed

1sttimer2008 · 5 September 2008 at 2:38PM

Hi I'm after some advice, back in 2004 I defaulted on a loan from my bank (£2800) it went to a debt collection agency and I began paying it soon after. Then last year my bank requested the debt (now £2115) back from agency and sold it on to Fredrickson International. I started up same payment plan as I had with the other agency and having being paying promptly. Now when I originally defaulted my bank did not file the default on my experian credit file and neither did the first debt agency however Fredrickson to my absolute horror have decided to file it on there in the last few days. Spoke to them they were rather rude and told me they were doing it for the bank even though they then said that the debt was now with them and not the bank. I've spoken to the bank who are in complete dismay as to why they would feel the need to do it now 4 years on when the bank itself never did. I'm desperate for advice as I don't know if this is the norm also on my experian file it states that the lender is Fredrickson which is not accurate it should be the HSBC and they listed themselves as a bank and they're not as it just says default it doesn't show that I'm making any payments, infact where you have the coloured boxes that show payment history it's got a red box which means 5/6/7/8 etc missed payments but I've missed none with them. Please help struggled for years to make up for a shamefully wasted early 20's and just when I was turning a corner BANG!

1sttimer2008 · 5 September 2008 at 10:59PM

Posted a thread regarding default earlier and have just spotted some others on hear have had dodgy encounters with Fredrickson/bryan carter. Can any1 offer advice

GeorgeUK · 5 September 2008 at 11:35PM

Can't really offer advice as never been in that position, but you can make life difficult for them.

As this is a loan, there should have been a credit agreement signed. I would request a copy of the CCA and after 12(+2) working days, if they are not able to produce it, the debt becomes unenforcable and payments can stop.

First, I would suggest that you only deal in writing with these people - never on the phone. Also, never give them something with your signature on it.

As for the default, did you receive a default notice from FI or did you just see this when checking your credit file? They should have issued a default notice when making the default.

As you have missed the minimum payments agreed when setting up the loan, these are wht the red boxes are being displayed. It is not because you have not been paying them but because the initial agreed payments were not being made.

When you signed a copy of the CCA, you were also giving permission for the bank to share your information with 3rd parties such as the credit reference agencies. If they cannot produce a copy of the CCA, then they cannot prove that you gave permission for them to share your account information which means they have breached the Data Protection Act.

The defaults are unfortunately a grey area to me but the CCA information is well documented on this site.
Here are some links that may be of use.
Template: http://forums.moneysavingexpert.com/showthread.html?p=11636295#post11636295
Details: http://forums.moneysavingexpert.com/showthread.html?t=578486

As for the default situation, i have not come across a thread where one was successfully removed, but here is a thread where i tried looking at ways to do so.
http://forums.moneysavingexpert.com/showthread.html?t=929431

letsmakeamark · 6 September 2008 at 1:36PM

You need to send them a cca request. If that does not work then follow it up with court proceedings.

1sttimer2008 · 6 September 2008 at 4:17PM

Right I'm a complete moneysaving expert virgin what is a CCA? did ring fredrickson and asked for copies of any correspondence they have claimed to have sent me and any details regarding this default and was told that they don't and won't send anything to me!! I spoke to a right arrogant !!!!!!! (sorry for the language but that was the cleanest word I could think of)

1sttimer2008 · 6 September 2008 at 4:24PM

I forgot to mention I spoke to HSBC (the original lender) again this morning, they've been really sympathetic and have tried helping but because the debt is 4years old they haven't got very accurate info have advise me to go into local branch. They understand where my grievance lies, that I'm not disputing default just feel like the only reason Fredrickson has enter it on my credit file now 4 years after my bank hadn't and other debt agncy didn't is to bully me into making a fast pay off so I get it settled/satisfied on experian :mad: .

GeorgeUK · 7 September 2008 at 4:25AM

CCA = customer credit agreement

It is advised never to phone DCA's - not worth the agro and it is difficult to prove what ahs been agreed over the phone. All communication should be in writing and never sign any letters you send - just print your name. There have been cases where a signature has been scanned and placed on a credit agreement that the debtor has never seen before.

1sttimer2008 · 7 September 2008 at 10:06AM

Blimey they can scan your signature never even thought of that :eek: Has any1 ever contacted the OFT? are they helpful? I'm going to try them after I've been into HSBC but just wandered if there was any other organisation that would be more appropriate to contact.

GeorgeUK · 7 September 2008 at 1:30PM

Unfortunately i don't think they've broken any rules or guidelines by putting the default on your account for a debt they own. I would do the CCA request to check whether they have it and if not, you will have the law on your side and then contact OFT and Trading Standards - it might give them more to work with.

Remember to send the £1 payment - we usually advise sending a postal order so that they can't get your signature from a cheque.

Defaults on credit file- advice needed

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