Default

never-in-doubt

Defaultworry - don't worry we'll take it step-by-step just make sure you do not speak to anyone on the phone from santander and post any updates here.

Ignore any threats, they have no legal provision to take action..... just hold tight and wait for help on here or PM one of us.....

Good Luck!

defaultworry

Just checked my credit report and the default is gone. I haven't received a letter or anything though.

Totally mystified about this.

defaultworry

Got my mail today and still no letter about this

I_know_my_ABC_and_my_CMYK

fermi wrote: »

"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.

Sorry to hijack this but i have just received a default from Blackhorse 4 years after i went on a dmp with them, it's set me back 4 years on my credit file. Can I have this removed?

never-in-doubt

I_know_my_ABC_and_my_CMYK wrote: »

Sorry to hijack this but i have just received a default from Blackhorse 4 years after i went on a dmp with them, it's set me back 4 years on my credit file. Can I have this removed?

send it back as person unknown - do not own up now (only have 2yrs left to hide lol)

do not open it or anything, just send it back as addressee unknown. :beer:

If you've already opened it, then send this letter with their letter: #3 denying all knowledge.......

defaultworry

never-in-doubt, do you know why Santander Cards would suddenly remove the default from my account without me paying the outstanding balance?

My worry shifted to joy which has shifted to 'but £95 is still owe so will the default come back?'!

never-in-doubt

defaultworry wrote: »

never-in-doubt, do you know why Santander Cards would suddenly remove the default from my account without me paying the outstanding balance?

My worry shifted to joy which has shifted to 'but £95 is still owe so will the default come back?'!

They have probably sold the debt or realised their mistake...... wait until it updates next month before getting too excited. Best to just leave things as they stand until u notice it reappear.

Assuming you sent a CCA request/s.10/dispute letter then they should remove it until investigated so could be for this reason.......

Just wait and see what happens - my advice apply for any credit you need NOW while the file is clean lol.... its a loophole so utilise it but only apply through office hours for instant decision......

I_know_my_ABC_and_my_CMYK

never-in-doubt wrote: »

send it back as person unknown - do not own up now (only have 2yrs left to hide lol)

do not open it or anything, just send it back as addressee unknown. :beer:

If you've already opened it, then send this letter with their letter: #3 denying all knowledge.......

Unfortunately I can't do that as I have been paying a reduced amount since 2005. It seemed very unfair though to default me 4 year later.

never-in-doubt

I_know_my_ABC_and_my_CMYK wrote: »

Unfortunately I can't do that as I have been paying a reduced amount since 2005. It seemed very unfair though to default me 4 year later.

I'd be writing in quoting something along the lines of:

as the account was in dispute, in line with my rights (CCA1974), it is unlawful for you to act in such a way without prior notice. No termination notice was issued nor a default notice and as such any registered Default Notice should be removed immediately as it was unlawfully added and will be vigorously defended..

That should do for now - see how you get on. Threaten to cease payments unless the default is removed. They cannot add a default whilst the account is in dispute - you;re protected against this happening. If they argue then i'll sort you a nice little reminder letter with some threats quoting acts of CCA and DPA...... :eek:

I_know_my_ABC_and_my_CMYK

NID You are like Robo Cop of the debt collection industry lol

thanks for that