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  • FIRST POST
    • Stainburn
    • By Stainburn 8th Oct 17, 1:54 PM
    • 2Posts
    • 0Thanks
    Stainburn
    Deafault notices
    • #1
    • 8th Oct 17, 1:54 PM
    Deafault notices 8th Oct 17 at 1:54 PM
    I have a default from Halifax who sold it Lowell. The default notice was served by letter to me dated 23 September 2011. Since it is now just over 6 years, I had expected that it would have gone from my credit file but it's still there. I contscted Lowell who explained that although the default notice was dated September 2011, they did not in fact enter the default until June the following year, which means I am stuck with this until June next year.
    However since this relate to a pre 2007 loan agreement, Halifax wrote to me several years ago admitting the debt was unenforceable, since they could not provide me with a copy of the agreement I signed. However, I still continued to pay them back over several years because I thought it was the righ thing to do. I have aside for the default to be lifted of my file as a return of good will and am awaiting their response...... if they say no, is there any mileage in suggesting that they were never entitled to default my credit file since they by their own admission did not hold an enforceable agreement, or am I just wasting my time?
    Any advice greatly appreciated.
Page 1
    • zx81
    • By zx81 8th Oct 17, 1:59 PM
    • 14,380 Posts
    • 15,169 Thanks
    zx81
    • #2
    • 8th Oct 17, 1:59 PM
    • #2
    • 8th Oct 17, 1:59 PM
    A default is valid, even if the debt becomes unenforceable.

    However, you should ask the default to be moved to September 11.
    • Stainburn
    • By Stainburn 8th Oct 17, 2:05 PM
    • 2 Posts
    • 0 Thanks
    Stainburn
    • #3
    • 8th Oct 17, 2:05 PM
    Stainburn
    • #3
    • 8th Oct 17, 2:05 PM
    Thanks.

    I have asked but they state that the date of the default notice and when I received same is not relevant. They say they have 12 months in which to enter the default onto my file and in this case they did it June the following year and this is the default date, when the 6 years start.
    • sourcrates
    • By sourcrates 8th Oct 17, 6:18 PM
    • 12,670 Posts
    • 12,004 Thanks
    sourcrates
    • #4
    • 8th Oct 17, 6:18 PM
    • #4
    • 8th Oct 17, 6:18 PM
    Unfortunately you appear to be the one who has lost out here.

    Not only have you repaid an unenforceable debt, you have received a late default for your trouble.

    You can complain to have the default date changed, but in my opinion the ICO May side with the creditor on this one, but having said that it might still be worth a try.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    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.
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  • National Debtline
    • #5
    • 12th Oct 17, 5:59 PM
    • #5
    • 12th Oct 17, 5:59 PM
    Hi Stainburn,


    Unfortunately, I don't think you will be able to get the default removed either, but you may have better luck asking them to back date it based on the ICO Guidelines: -


    "4. If you fall into arrears on your account, or you do not keep to the revised terms of an arrangement, a default may be recorded to show that the relationship has broken down.


    As a general guide, this may occur when you are 3 months in arrears, and normally by the time you are 6 months in arrears. There are exceptions to this which may result in a default being recorded at a later stage, such as secured or long term loans e.g. mortgages, or if the product operates in a more flexible way e.g. current accounts, student loans, home credit."


    Try another complaint to the debt collector and threaten to take the matter to the financial ombudsman service and the ICO if they refuse.


    Laura
    @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
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