Default

defaultworry

Sorry to repost this here, but no one came forward with advice in the other section of the forum (I know everyone is really busy and time is a factor).

I hope someone can offer advice because this default is making my life hell. I'm trying to pay off all my debts (bout half way there) but the light at the end of the tunnel is not that bright when I will have this on my file for 6 years. It would be great to get it off my file and get a 0% credit card to accelerate the debt clearance.

(original post is in the Debt-Free Wannabe section. Feel free to delete if I have broken rules)

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Burtons/Santander Cards have served a default on me for £95.

My problem with this whole affair is the fact that I cannot remember taking out the Burtons store card. The report said I took it out in 07/2007 and the default was served in 2009. The address on my file for that account is my old address (I moved in 10/2007) so I did not see any statements or the default notice. To complicate matters further, I applied for and obtained a Burtons card one year later (used and paid off) - surely they asked for a previous address when I applied for the card and spotted that I already had a card or had an outstanding debt?

Something is not adding up though - I'm unsure if I used the card or if I am a victim of fraud. Does it normally take 2 years for them to serve defaults? Surely the person living at my old address returned the mail they were sending (if any)? Surely they spotted that I had an existing card already when I applied for the new one? Do I have to acknowledge a default when I haven't seen one? Sorry about all the questions but I genuinely do not know the answers.

Not sure if I have any legal recourse or how I can prove that this wasn't me. If they send me something with my signature on it or proof that I used the card I will happily pay it off but that doesn't solve the default problem.

Any advice?

jonesMUFCforever

Make a SAR request so that all applications and statements are copied for you to see.

defaultworry

jonesMUFCforever wrote: »

Make a SAR request so that all applications and statements are copied for you to see.

Sorry to be totally ignorant but what is a SAR request? Google is not helping in bringing a meaningful definition.

NickX

defaultworry wrote: »

Sorry to be totally ignorant but what is a SAR request? Google is not helping in bringing a meaningful definition.

Subject Access Request.

You need to send them £10 and state that this is a formal SAR (Subject Access Request). They then need to send you all the data they have about you including statements. Others on here have done this with interesting results.

defaultworry

NickX wrote: »

Subject Access Request.

You need to send them £10 and state that this is a formal SAR (Subject Access Request). They then need to send you all the data they have about you including statements. Others on here have done this with interesting results.

Just so you know I sent them a letter requesting the true copy of the legal agreement. I updated my previous thread with this information but accidentally left it out here

Will the SAR aid me if they can produce this information? I guess what I am asking is what kind of information am I looking for if I make a SAR?

NickX

defaultworry wrote: »

Just so you know I sent them a letter requesting the true copy of the legal agreement. I updated my previous thread with this information but accidentally left it out here

Will the SAR aid me if they can produce this information? I guess what I am asking is what kind of information am I looking for if I make a SAR?

This isn't really my field, I was just letting you know about the meaning of a SAR. The poster who is best to advise you on this is Never-in-doubt. Hope he doesn't mind me saying, but he has an ongoing thread where he has advised on default removal :

http://forums.moneysavingexpert.com/showthread.html?t=1674391

He's on quite a bit so may pick up on this anyway. Good Luck.

mparter

defaultworry wrote: »

Just so you know I sent them a letter requesting the true copy of the legal agreement. I updated my previous thread with this information but accidentally left it out here

Will the SAR aid me if they can produce this information? I guess what I am asking is what kind of information am I looking for if I make a SAR?

If they can produce a copy of an agreement signed by you and your still unsure, you can then go down the SAR route. If they can't produce a copy then unless you've acknowledged the debt there's not much they can do. The onus is on them to prove the debt is yours rather than the other way around.

defaultworry

mparter wrote: »

If they can produce a copy of an agreement signed by you and your still unsure, you can then go down the SAR route. If they can't produce a copy then unless you've acknowledged the debt there's not much they can do. The onus is on them to prove the debt is yours rather than the other way around.

Thanks for your help. I think I may have made a huge mistake in this respect - I said to them that I may have a debt with them and would pay it when the default was removed. Is this me acknowledging the debt? Sounds like it is

Again, my fault though because if I had posted in the right forum in the first place I could have gotten solid advice before sending off the request.

fermi

"may"? Not exactly acknowledgement. Unless you explicitly acknowleged the debt in writing (no "mays" or "ifs") then wouldn't be too concerned.

Is this still with the original creditor, or has it been bought by a debt collection firm?

Is the default recorded in Burton's name?

Is 2009 the original default date, or is that when it was last updated?

If for the sake of argument this was your account, then they shouldn't be recording a new default 2 years (ish) after any default could be said to have occurred. The ICO generally says that if a default is to be recorded, it should be done within 3/6 months of non payment.

fermi

SAR should you need it.

Data Protection Act 1998



Subject Access Request

Dear Sir/Madam

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

1. The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. 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 formerly held with ORIGINAL CREDITOR. - delete or add this depending on whether you are sending this to the original creditor/or a debt collection agency

3. True copies of any notice of assignment and default notices or enforcement notice that you/or name of the original creditor sent me, with a copy of any proof of postage that you hold.

4. Documents relating to any insurance added to the account/s, including the insurance contract and terms and conditions, date/s they were/ it was added and deleted. (if applicable).

5. Details of any collection charges added to the account; specifically, the date they were was levied, the amount of the charge, a detailed financial breakdown of how the charge charges were calculated, and what the charges cover.

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

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

8. 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.

9. Copies of statements for the entire duration of the credit agreement.

10.Termination notices

PLEASE NOTE that unless otherwise stated by yourselves and if the above documents are NOT provided, it will be CONFIRMED that you are unable to reproduce/provide in any way shape or form any copies of the above requested documents. You are reminded that you have a duty to inform me if you do not have the above documents. This is confirmed in High Court Law - Ezsias v Welsh Ministers - [2007] All ER (D) 65 (Dec)

You are reminded that you are obliged to supply all the above documents in line with the Information Commissioners Technical Guidance update (Dated August 2007)

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

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 hitherto found to be acceptable.

Yours faithfully,

defaultworry

Hi Fermi,

Here is the exact line from the letter I sent them:

In compliance with the fact that I may owe Santander Cards and The Arcadia Group money.....


I have absolutely no idea who the debt is with because as I said, I moved house after the account was opened and have received nothing from them - no statement, no default notice, nothing!


And now, I noticed that they placed a default on my account at the start of this year. My credit report says - Account Started: 05/07/2007 and Defaulted: 04/03/2009.


I'm not sure what has happened with this. As I said, I have two records from Santander Cards UK (Burton). I honestly cannot remember taking out an account with them on 05/07/2007. I definitely did take out an account with them on: 15/05/2008 as my credit profile states.


I'm back to the how can I get two credit agreements with one company and the how can I open an account, get no statements and have a default two years later mysteries.