Getting rid of defaults...

dougie212

Hi there all..

So, Having had the worst 2 years ever, and getting myself back on my feet 12 months ago, I'm now looking at cleaning up thr rough edges my financial problems got me.

I have 5 defaults on my credit file, all dating back to 2008 when my earnings took a hit due to an injury resulting in me being off work for several months. This combined with me foolishly doing nothing with my creditors left me having to mop the pieces up. I am, and have been paying everything now for 12 months and more, and the grand totals of things are vastly reducing. The only thing is I have checked my credit rating and found 3 companies have listed defaults against me.

2 from HFC bank - which are for pityful ammounts and to be honest, cannot recall any such communications from them what-so-ever.

2 from EGG - one for a credit card that i mis 1 payment from, rang them to inform tham, and they told me the account didn't belong to them anymore. I rang the DCA they had sold the account to, and arranged monthly payments before paying it off in Feb 09. The second is a loan, that again I missed 1 payment on, and they sold the debt. I am and have been making regular monthly payments since. In both cases I dont recall recieving either default letters or at least warnings.

1 from natwest. Now this one I'm furious about. through no other reason than me changing my bank account to another bank, i rant to arrange the payment of my OD. I was spoken to by a member of staff who said he would call me back. When he did ring eventually, I couldn't speak as I was at work, he refused to give me a number to call back on. He then proceeded to call me wife a number of times at home, and each time refused to give a name or number. She told him I worked shifts and when to ring, but again he failed to do so. So, Natwest passed the OD on to collections who in turn contacted me. I setup monthly payments until the OD reduced and paid it off. low and behold, a default appeared on my credit report. Again, i do not recall having any notification or warning of default, and really, dont see why I should take the hit for the incompetence of their staff. I haven't put in a claim for my fee's or charges on the account, so was maybe thinking they would remove it as a good will gesture... but this is a bank we're talking about....

Help me please.... as this is the only thing holding me down now.... I thought i'd done so well.. but this is really putting me back down.

DarkConvict

To place a default lawfully, it must be done within 6 months of you defaulting and you must receive a default notice - http://forums.moneysavingexpert.com/showpost.html?p=30208835&postcount=49

The notice is sent to give you time to correct they account, they have to notify you about it before placing the default, if they did not the default is invalid and they must issue a new default so long as they are within the 6 month limit (set by OFT for fairness not by law)

If they never sent out any notices, then you may have a case to take up against them for not following the procedure. I also believe a debt collector cannot place defaults only change existing defaults into their name, dunno if that helps you.

This may give you some advice, page 19 - http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/credit_explained_leaflet_2005.pdf
As well as this - http://forums.moneysavingexpert.com/showpost.html?p=30356443&postcount=28