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  • FIRST POST
    • loupoppins
    • By loupoppins 25th May 16, 9:43 AM
    • 167Posts
    • 456Thanks
    loupoppins
    old loan, default never registered but ccj granted?Please advise!
    • #1
    • 25th May 16, 9:43 AM
    old loan, default never registered but ccj granted?Please advise! 25th May 16 at 9:43 AM
    A quick question. We have an old loan with Northern Rock . Several years ago we got into financial difficulty and owed lots to various people etc... entered into a DMP. Northern Rock sent us a defualt notice in 2007, then pursued a ccj against us. The ccj has now dropped off our credit report as more than 6 years ago. We have paid off arrears on loan and are now meeting contractual payments(since Jan this year) to pay off remainder (all other loans are cleared). So far so good.
    BUT we have discovered that they never entered a default on our credit file.(yes we should have realised this sooner !) So it is basically still showing 6 yr history of payments more than 6 months late and being paid under dmp. Obviously this negatively effecting our credit rating. We don't want more credit as such but may want to remortgage at some point.
    Can anyone confirm for me that Northern Rock SHOULD have registered a default on our account when they sent us a default notice and before the CCJ?? f they had this would now be off our file which would obviously be much better
    We have written to them via their complaints department and are waiting to hear back.. but any advice would be appreciated.
    Thanks
Page 1
  • National Debtline
    • #2
    • 25th May 16, 11:11 AM
    • #2
    • 25th May 16, 11:11 AM
    Hi

    A default notice issued under Consumer Credit Act and a default on your credit reference file are two separate entities. It's possible that someone could be issued a default notice and have an 'arrangement in place' on their credit file rather than a default.

    However, in your case I think you have a fair case to argue that a default should have been added to your credit file around the time of your CCJ, as you clearly weren't in a satisfactory arrangement with the creditor at that point.

    James
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
    • loupoppins
    • By loupoppins 25th May 16, 11:39 AM
    • 167 Posts
    • 456 Thanks
    loupoppins
    • #3
    • 25th May 16, 11:39 AM
    • #3
    • 25th May 16, 11:39 AM
    thanks. Yes I understand what you mean. So they don't HAVE to register a default before progressing to a ccj? But in reality that would have been the right thing to do given our financial circumstances and the little we were able to pay?
    If they themselves refuse to add the default, can we take this to be reviewed by any other authority?
    • fusionx212
    • By fusionx212 25th May 16, 12:15 PM
    • 311 Posts
    • 208 Thanks
    fusionx212
    • #4
    • 25th May 16, 12:15 PM
    • #4
    • 25th May 16, 12:15 PM
    thanks. Yes I understand what you mean. So they don't HAVE to register a default before progressing to a ccj? But in reality that would have been the right thing to do given our financial circumstances and the little we were able to pay?
    If they themselves refuse to add the default, can we take this to be reviewed by any other authority?
    Originally posted by loupoppins
    they have to issue you a written default a

    if they never issued the default, then the ccj should not of applied.

    call them and ask them for a copy of the default letter. I bet you money they don't have it.

    on that basis i'd argue that all the fees and interest added are to be returned alongside compensation for the damage they done to your credit file with incorrect placements.

    it depends if you want to rock the boat etc.
    • fermi
    • By fermi 25th May 16, 12:41 PM
    • 39,229 Posts
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    fermi
    • #5
    • 25th May 16, 12:41 PM
    • #5
    • 25th May 16, 12:41 PM
    thanks. Yes I understand what you mean. So they don't HAVE to register a default before progressing to a ccj? But in reality that would have been the right thing to do given our financial circumstances and the little we were able to pay?
    If they themselves refuse to add the default, can we take this to be reviewed by any other authority?
    Originally posted by loupoppins
    Make a formal complaint to Northern Rock

    - That under ICO guidelines and the Data Protection Act, a CCJ is an incontrovertible indicator of a default.
    - That not recording this account as a default is inaccurate and misleading under principle 4 of the DPA.
    - That recording this as 6 months in arrears when this is not the case is inaccurate and unfair, and ICO guidelines from the time clearly state that "A record showing a series of payments as six months in arrears when this does not reflect the real payment history should not be used as an equivalent of a default."
    -
    That by not recording a default on or before the CCJ date, they are unfairly extending the time adverse data remains on your credit file, and are in breach of principle 5 by causing your data to be process for longer than is required or justifiable.
    - That unless they backdate a default to on or before the date of the CCJ, or remove the account entirely from the CRAs, you will be taking them to the Financial Ombudsman and reporting their breaches of the DPA to the ICO.
    I'm a Board Guide on the Debt-Free Wannabe, Bankruptcy, Credit Cards and Loans boards. I'm a volunteer to help the boards run smoothly, and I can move and merge threads there. Any views are mine and not the official line of moneysavingexpert.com. Board guides are not moderators. If you spot an inappropriate or illegal post then please report it to forumteam@moneysavingexpert.com

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    • loupoppins
    • By loupoppins 25th May 16, 7:08 PM
    • 167 Posts
    • 456 Thanks
    loupoppins
    • #6
    • 25th May 16, 7:08 PM
    • #6
    • 25th May 16, 7:08 PM
    Thanks both.
    fusion - they did issue a default notice to us (we have a copy) the issue is they never registered the default on our credit file.

    Fermi - thanks that is really helpful.
    • ladytee
    • By ladytee 11th Sep 17, 9:45 PM
    • 1 Posts
    • 0 Thanks
    ladytee
    • #7
    • 11th Sep 17, 9:45 PM
    • #7
    • 11th Sep 17, 9:45 PM
    May I ask if you did speak with Nram / Northern Rock about this, and what was their response?
    • sourcrates
    • By sourcrates 11th Sep 17, 10:04 PM
    • 11,891 Posts
    • 11,395 Thanks
    sourcrates
    • #8
    • 11th Sep 17, 10:04 PM
    • #8
    • 11th Sep 17, 10:04 PM
    This thread is more than a year old, and the OP has not posted since march this year.

    You may be better off starting a new thread.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. I'm a volunteer to help the boards run smoothly, and I can move and merge posts there.
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
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