Invalid Default Notices - Default Removal

ejc81

Nice thread N-I-D I'm busy reading through the stuff on that very good link you provide:A

I've been digging through paperwork all weekend & have found a load of stuff from MINT that does make much sense. ie a letter dated 28/11/05 that says they recently served me a default and my account has been terminated

Not the best of news you might think until you see the entry on my CR which is them saying I defaulted 16/06/10:rotfl:

I'm just printing a SAR for them (thank you N-I-D for a fantastic template) and off to PO now!

Me thinks any default notice they may produce might not be worth much:D


<Gunning for Lloyds next>

masquerade

NID, can you help with this case at all?

http://forums.moneysavingexpert.com/showthread.html?t=1956039

I'm getting nowhere!

never-in-doubt

masquerade wrote: »

NID, can you help with this case at all?

http://forums.moneysavingexpert.com/showthread.html?t=1956039

I'm getting nowhere!

Have you complained to ICO and what happened with respect to this: #11

I can sort this for you - but won't be online til later, in the meantime can you let me know as much detail as possible and i'll post you a reply tonight.

masquerade

never-in-doubt wrote: »

Have you complained to ICO and what happened with respect to this: #11

I can sort this for you - but won't be online til later, in the meantime can you let me know as much detail as possible and i'll post you a reply tonight.

I had a provisional response and recommendation, which I have refused. They wanted to pay me £50 and leave the default there!
I can send you some docs if that will help?

They are now at stage 5 - review and final decision.

never-in-doubt

masquerade wrote: »

I had a provisional response and recommendation, which I have refused. They wanted to pay me £50 and leave the default there!
I can send you some docs if that will help?

They are now at stage 5 - review and final decision.

Really you need to await the outcome of their decision before proceeding with anything. They wil lsay that it is for a judge to determine the outcome of the default - they generally do.

However if you have grounds of dodgy/invalid issuance then appeal or take legal action if that is what you wanted to do. Its up to you but until the FOS complete their investigation you should sit tight.

gabriella90

Hi N I D,

you seem to be the default oracle. Sorry to highjack your thread. Could you explain to me about how defaults work and should i be getting my Creditors to default asap?

I'm assuming i'm not in arrears as my payments were all upto date and then they agreed my monthly DMP payments. Apart from RBS which is a loan and the repayment is less but they are receieving a payment this month.

I'm finding the default thing a little confusing and how my credit rating will be marked up once the DMP is in place.
Thank you x

never-in-doubt

gabriella90 wrote: »

Hi N I D,

you seem to be the default oracle. Sorry to highjack your thread. Could you explain to me about how defaults work and should i be getting my Creditors to default asap?

I'm assuming i'm not in arrears as my payments were all upto date and then they agreed my monthly DMP payments. Apart from RBS which is a loan and the repayment is less but they are receieving a payment this month.

I'm finding the default thing a little confusing and how my credit rating will be marked up once the DMP is in place.
Thank you x

Hiya

If you're going onto a DMP then you've not necessarily defaulted - maybe you're in arrears which will show on your credit report as [1], [2], [3] etc etc - with each number being a corresponding late payment. If they agree to repayments, they will then amend the code to show (unclassified) or [A/P] (Arrangement to Pay).

If they have defaulted you, there will usually be COLOR=red][B]6[/B][/COLOR which means default and then a new entry with the default showing as COLOR=red][B]D[/B][/COLOR.....

All the above are dreadful and classed as 'adverse' meaning forget applying for credit, no-one will accept you. The data lasts for 6 years.

Good Luck.

ejc81

Hi N-I-D, I've got yet another question for you I've sent mint a SAR re a now settled account that they defaulted me on in 2006 as mentioned previously. I've found this letter, dated 2nd November 2005,

ACCOUNT TERMINATION

A Default Notice was recently served against you. As the amount requested in the Default Notice has not been received, your account has been terminated.

Repayment of your outstanding debt is now required. If your payment is not received within 14 days and you have not contacted us within this time to discuss repayment of the debt, your account will be passed to our Debt Recovery Office. In addition, we may exercise our right of set off over any of your funds held elsewhere with us.

As your account has now been terminated, please return your card(s) to this office, cut in two. Any renewal card(s) will not be issued.
If you have any recurring transactions (e.g. internet subscription or breakdown cover) that are paid with this account, you should cancel these with the relevant retailer(s).

Interest will continue to accrue on the debt until repaid in full.
If you are covered by Payment Protection, this insurance has now been terminated. However, this will not affect any claim already notified or any incident occurring prior to the date of this letter that results in a valid claim.

Your account will be reported to the Credit Reference Agencies as a Default if repayment proposals acceptable to the Bank have not been made within 28 days of the date of this letter. If this becomes necessary, your name will remain registered for six years. If your account is fully repaid within this time, your file will be amended to show the debt as satisfied.

So my question is if they've already sent me a default notice and terminated my account by 2/11/2005. How have a got a default on my CR from them at 13/06/2006? Can they default me on a terminated account? Would they issue another default after the first one? I've got another letter similar to the above from 28th Nov 05 so they obviously meant it

never-in-doubt

ejc81 wrote: »

So my question is if they've already sent me a default notice and terminated my account by 2/11/2005. How have a got a default on my CR from them at 13/06/2006? Can they default me on a terminated account? Would they issue another default after the first one? I've got another letter similar to the above from 28th Nov 05 so they obviously meant it

The account must be defaulted prior to termination. - are you saying that for instance the bank terminated the account and sold it then added a default?

If so, then it is unlawful, if the DCA added it that will be fine. ONLY the person that is the legal owner of the debt can add a default, the default can change hands so long as proper assignment rules are followed but it continues so the same start date as the very first default....:D

ejc81

The account was always with MINT it never went to DCA

I received the above letter in Nov 05 but I had just moved house so they probably would have sent a DN to my previous address in Oct 05.

So if they've defaulted me in Sep/Oct 05 and terminated my account in Nov 05 why have I got a default on my CR dated June 06?

Basically can they

(a) issue a DN after they have terminated the account

(b) issue a DN in June 06 if they had already issued one in Oct 05? (there is only 1 (D) on CR)