Cahoot default problems

donatello_2

Hi,

I am wanting to clean up my credit record for a good deal mortgage. I have sent a letter of complaint to Santander. Basically, In July 2006 I entered a DMP with 2 credirors, MBNA and Cahoot (then Abbey).

MBNA have entered an 'arrangement to pay' on my credit files, which is fair enough. Although Cahoot stuck a default notice on my account in Oct 2007 - 14 months after they agreed to accept my reduced amounts.

After speaking to the Cahoot call centre they told me that any borrower that does not stick to the original agreement (i.e entering a DMP) will recieve a default notice.

My letter firstly pointed out that I thought it was unfair to have a default notice on my file as they agreed to the payments and told them I thought that an 'arrangement to pay' was more accurate representation of the history between them and me. Also I asked them to explain why it took 14 months to apply the default. If it turns out that they want the default to stay on, it will be off my record sooner if they back date it.

I am still wating for a reply but have been reading some posts on here and have noticed conversations on enforcibility (what does this mean?) and also pre and post 2007, what does this mean?

I'm hoping that now santander own Cahoot, they might be nice to me. I have always paid the agreed repayments and have increased the payments considerably recently.

Sorry to waffle but i've put it down as it came out of my already battered head.

Any help on any of the issues or any similar experiences will be gratefully recieved.

Thank You

(One day we will get our own back on the banks and I'll gladly flog them in public)

DarkConvict

Regardless of accepting payments, if you go into arrears and make 3 months of below minimum payments they can issue a default notice.

example - http://forums.moneysavingexpert.com/showpost.html?p=30208835&postcount=49

Under OFT guidelines, a default must be placed with 6 months of the account going into default, also a default notice must be sent. If either of these are wrong get in touch with OFT/FOS/ICO and complain about the unfair adverse data.
By placing a default late it means it will in a way last longer than 6 years since you 'actually' defaulted.
Default fall of 6 years are the date it was placed.

donatello_2

Thanks DarkConvict,

I'm really not sure if I recieved a default notice letter or not (my head was in the sand!) Can I ask them to prove they sent it? Can't they just make one if they didn't!

I think that they did not comply with the OFT guidelines above.

DarkConvict

Agreed, defaults are a sod. They can just make a new one and stick an old date on it. Fun of computers and companies, they can say they never received your letters and that they did send defaults, because if it is done unrecorded there is no proof.

I would certainly get in touch with the OFT, as they would regulate the placing of incorrect and old default notices, but it would be upto the ICO to actually enforce its removal if cabot refuse.

donatello_2

Thanks for your help.

I'm going to wait and see what the santander complaints team say, and tackle them head on of they refuse.

Am I right in thinking that there was new legislation about 'default notices' in Oct 2007? This would be after my 'actual' default?

DarkConvict

I have no idea, i am not aware for changes for defaults. You could try the consumer action group forums as well as they know alot on the legislation in force.