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Default?

Can a company place a default on my name with informing that they are going to do so

o2 have placed a default on my account and i wasnt told or sent a letter that is was gonna happen . can they do that ?
Halifax Current Account Overdraft : [STRIKE]£1500[/STRIKE] FULLY PAID OFF:j
Halifax Credit Card : [STRIKE]£1950[/STRIKE] £1000 Left NOT LONG LEFT
O2 :( : [STRIKE]£952[/STRIKE] [STRIKE]£600 Left[/STRIKE] FULLY PAID OFF :j
DEBT FREE BY SUMMER 2010 HOPFULLY :D
_party_

Comments

  • I believe that they need to contact you first and you can contact the company to get all the details.

    Hopefully someone who knows better will come along and answer but didn't want to read and run.
  • Are you sure the default notice wasn't sent to an old address - hence why you wouldn't have got reminders to pay from O2?
  • shuaibf
    shuaibf Posts: 235 Forumite
    nah it isnt possible it was sent to another address i have lived in same house for 20 years now and i am 23 lol they definatly didnt send a letter ive emailed them askin why but not recived anything back yet
    Halifax Current Account Overdraft : [STRIKE]£1500[/STRIKE] FULLY PAID OFF:j
    Halifax Credit Card : [STRIKE]£1950[/STRIKE] £1000 Left NOT LONG LEFT
    O2 :( : [STRIKE]£952[/STRIKE] [STRIKE]£600 Left[/STRIKE] FULLY PAID OFF :j
    DEBT FREE BY SUMMER 2010 HOPFULLY :D
    _party_
  • CCCS_Sue
    CCCS_Sue Posts: 966 Organisation Representative
    shuaibf wrote: »
    Can a company place a default on my name with informing that they are going to do so

    o2 have placed a default on my account and i wasnt told or sent a letter that is was gonna happen . can they do that ?

    Hello.

    A creditor has to issue a default notice in writing and give you 14 days to respond.
    If you have not received a default notice, you could put a complaint in writing and also contact 'Consumer Direct' as this could be classed as a breach of the Consumer Credit Act.
    If a default has been added to your credit file in error, then the creditor has to remove this for you.

    Regards
    Sue
    I am a CCCS Debt Counsellor and have specific permission from Martin to post on these boards to try and help those in debt. Read more information on CCCS in the Debt Problems: What to do and where to get help article. If you find you're struggling with debt and you need further help try our online advice facility Debt Remedy
  • Rob_UK
    Rob_UK Posts: 87 Forumite
    CCCS_Sue wrote: »
    Hello.

    A creditor has to issue a default notice in writing and give you 14 days to respond.
    If you have not received a default notice, you could put a complaint in writing and also contact 'Consumer Direct' as this could be classed as a breach of the Consumer Credit Act.
    If a default has been added to your credit file in error, then the creditor has to remove this for you.

    Regards
    Sue

    I have been told that they cannot remove it, its not in their powers :eek:
  • CCCS_Sarah
    CCCS_Sarah Posts: 1,555 Organisation Representative
    Rob_UK wrote: »
    I have been told that they cannot remove it, its not in their powers :eek:

    Hi Rob,

    It a default is added in error then it is possible; I have attached a link to a booklet that explains about this in detail for you. The hard thing is proving that it was added in error i.e. not received the letter

    http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/credit_explained_leaflet_2005.pdf

    Sarah
    I am a Debt Counsellor that works for the CCCS and have specific permission from Martin, to post on these boards to try and help those in debt. Read more information on the CCCS and what it does in the Debt Problems: What to do and where to get help article.

    CCCS is a registered charity, and there is no charge whatsoever for any of the services we provide to our clients. We take great pride in offering first class help and advice, but we only offer this where we have been able to fully explore and understand your circumstances with you. We want to help you understand these choices and their possible implications but not make them for you.
  • DarkConvict
    DarkConvict Posts: 6,347 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Defaults can be removed by the creditor, especially where a default was placed in error or not in accordance to the guidelines to placing a default.

    What tends to happen is you SAR the creditor to see if a default notice is in the paperwork they send you.
    Although no trees were harmed during the creation of this post, a large number of electrons were greatly inconvenienced.

    There are two ways of constructing a software design: One way is to make it so simple that there are obviously no deficiencies, and the other way is to make it so complicated that there are no obvious deficiencies
  • Rob_UK
    Rob_UK Posts: 87 Forumite
    How do I proove I have never received any letters from them?
  • DarkConvict
    DarkConvict Posts: 6,347 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    What tends to happen is you SAR the creditor to see if a default notice is in the paperwork they send you.

    Send this letter, costs £10 - http://forums.moneysavingexpert.com/showpost.html?p=11753093&postcount=9

    They should return you a copy of the default notice if one was ever sent. Note if still within 6 months of the default happening they can issue you a notice and if you fail to put the account back into order they will issue the default anyway.

    A real default - http://forums.moneysavingexpert.com/showpost.html?p=30208835&postcount=49
    Although no trees were harmed during the creation of this post, a large number of electrons were greatly inconvenienced.

    There are two ways of constructing a software design: One way is to make it so simple that there are obviously no deficiencies, and the other way is to make it so complicated that there are no obvious deficiencies
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