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Help - Default Notice o my account but never received any paperwork

Hello,

I have checked my credit report and I have a default notice served on my account in May 09 but I have never received any paperwork. I moved house 18 months ago. The loan agency wrote to me in April 09 at my new address, after a long written correspondance in which I set out fact that I never agreed to PPI etc on my account, and offered me a settlement figure. I was happy with this and as stated on letter called the branch office to arrange payment. However, I requested for written details of payment - ie where to pay, which I never received. I am now looking at a default notice. The company is Welcome Finance. I am happy to pay the settlement figure, but is it possible to contest that as I never received the default notice, and the company had written to me at my new address that the default notice can be contested and hopefully cleared?
I visited my old address this week and collected old post - and correspondance from Welcome had been delivered there since May 2009.

Comments

  • DarkConvict
    DarkConvict Posts: 6,347 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Proving something never arrived is difficult.
    Added to the fact they can write a new default and just stick an old address on it is never fair. They do have 6 months to apply it, so it is possible it ended up at the wrong address.

    What you should do is send a SAR the bank that gave you the credit, if the default notice is not returned with the SAR it gives you some potential proof nothing was ever sent. Letters are assumed to arrive, so unless they admit they never sent it or it doesn't show in a SAR, you have no proof to contest it.
    SAR template - http://forums.moneysavingexpert.com/showpost.html?p=30356311&postcount=22

    The other thing you can do is make a full and final settlement offer, add in the clause that you want the default notice removed.
    Such as this letter - http://forums.moneysavingexpert.com/showpost.html?p=30356419&postcount=27
    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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