please help....advice about a default..first time poster

sparklymunky24

please help i am worried sick......i have just checked my credit report and found out i had a default applied to my credit file on jan last year. only thing is i have never had anything saying a default was going to be applied...i thought you had to be informed before hand?the account was settled in march last year but the default is still showing on my file and is the only thing affecting my credit rating. I spoke to the company who applied the default and advised them that i was never told about it or had any letters etc but they were really horrible and told me they couldnt help, it was my own fault and i should seek financial advise elsewhere as they dont want to know so thats why im writting to you.

I hope you can help me, it was a catalogue account where i missed 2 payments which got passed to debt collecting agency. (Totally accept the miss payment was my fault as there was a mix up with my direct debit and i accidently cancelled the wrong one) After the debt collecting agency contacted me i explained it was an oversight on my part and i paid the balance off in 2 payments and settled the account.there was never a mention of a default

is there anything i can do as i dont want this to affect me for the next 6 years....my mortgage deals ends next year im so upset and feel really sick thinking about it...please help me

RAS

Hi

They have to send you a default letter. Did you not recieve that?

sparklymunky24

Hi
No i have not received any written correspondence from the company at all. Had no letter advising of the default and a default was never mentioned during my telephone conversations with them
thanks

RAS

I suggest that you start by asking the credit agency to make a note on your account, basically explaining the above.

it costs £10, but I would thenm wait a short while and do a SAR on the company that put the default on.

That will show up all docuemnts related to the account. If the default letter is not there, you have grounds to challenge them.

And we have a default specialist on here.

sparklymunky24

Hi
The first i knew about it was when i checked the report today but i will ask the report agency to put a note on my account. Do i need to contact the default expert directly or just post in here again? also, sorry if i sound a bit thick but what is a SAR?

Many thanks for all your help

RAS

It is OK. I do not know what you do not know.

Subject Access request.

Once you get the file, scan and post any default notice in it.

back with the letter in a mo.

I would however ussgest that if you wait a couple of weeks, the company is less likely to realsie what is going on and less likely to create a duplicate.

sparklymunky24

Hi how do i do an SAR on the company? is this something i can do online?

10past6

sparklymunky24 wrote: »

the account was settled in march last year

You should also write to the credit reference agency raising a dispute.

RAS

Send them the following letter,

They have 40 days to comply, remember to include a £10.00 fee.

Send it regsitered post.

Data Protection Act 1998 Subject Access Request


Dear Sir/Madam

Account number: xxxxxxxx

Please send me the information which I am entitled to under section 7(1) of the Data Protection Act 1998 in relation to detailed occurrences relating to the account Numbers xxxxxxxx and xxxxxxxx-x

The following is by no means an exhaustive list but in the main this is what I require.

Please supply me with a complete list of transactions and charges relating to ALL accounting history with your organisation.

Additionally, all records you hold on me relevant to the above accounts, including but not limited to:

1. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to the account.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company

3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response

4. True copies of any notice of assignment and/or default notice or enforcement notices that you may have sent to me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted.

6. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of these accounts and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.

9. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

10. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

11. A copy of all account statements for the duration of the agreement.

12. Please would you also advise me of the logic involved in any automated decisions taken by you about me pursuant to section 7(1) (d) of the Data Protection Act 1998.

13. A True copy of the consumer credit agreement section 77-79 of the Consumer Credit Act of 1974.

14. Copy of the termination letter and default letter.

Any other information relating to the account.

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, I shall be reclaiming them, and reclaiming the enclosed £10 Data Protection Act subject access request fee.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have found to be acceptable.

Merlinexcalibur

No. It is a process of letter writing. Someone will explain it further to you. Are we talking about Littlewoods aka LX Direct BTW? Just your situation bares more than a similarity to another thread, almost exact match.

sparklymunky24

Hi i will do that thanks
Have just though though, if i have to write to this company to ask for a SAR wont they know what is happening and will have time to create / copy a default letter to get themselves off the hook?
Apologies for all the questions but i am really paniking