Incorrect Default Dates on Credit Report

itsnowtime

Hi Jtr

I've not seen any of those letters unfortunately and I've searched and searched.

The guide referenced by GeorgeUK does give some good guidance on what a creditor should / shouldn't do and I was tempting to challenge this once I have a copy of the default.

I do have the Sainsbury's Default Notice - not sure how enforceable it is - as I too was defaulted but then passed to their inhouse collections team - even though I contacted them with a repayment proposal which they agreed to..

HSBC is slightly different, I don't think I ever received a default notice - i received threats for many months (as they tried to get me to take out a managed loan) - but the only thing I can find is an Arrears Notice not a default notice.

Funnily enough - I too also appear to have received a default on my HSBC credit card that was passed on to a DCA without a default notice being served - so I think I'm going to challenge this one aswell.

I might even challenge them all - why not?? I just don't want to make my situation any worse.

If I come across anything I'll let you know.

never-in-doubt

jtr2803 wrote: »

I don't see how the DCA can default me, I never had an agreement with them to default on?!! I wondered if you had found any template letters regarding complaining about when the default was registered?

Thanks

Jody

It doesn't work like that - if the lender or Original Creditor assigns the debt then the DCA can default you... Its all to do with the actual assignment of the debt and it is this that you need to check for, so you're best sending in a SAR (s.7 DPA1998) not a CCA request (s.78 CCA1974)....

jtr2803

I have other defaults but they were all registered late 2006 which is (not really) fine but these two from 2007 mean I have to wait almost another year before thinking about a mortgage!

I don't remember getting a default notice from HSBC either but it seems the default was registered by Cabot. I might request proof of the defaults to start with and then see what replies I get as to whether I start complaining. I am hoping that I might get a good result on the CCA with Cabot so I might be able to barter with them on the removal of defaults!

I don't have a problem with them defaulting me but I would rather they did it properly!!

Will subscribe to this thread and would be grateful if you could let me know how you get on?

jtr2803

never-in-doubt wrote: »

It doesn't work like that - if the lender or Original Creditor assigns the debt then the DCA can default you... Its all to do with the actual assignment of the debt and it is this that you need to check for, so you're best sending in a SAR (s.7 DPA1998) not a CCA request (s.78 CCA1974)....

Darn it :rotfl:. I want to CCA the loan anyway as I am still paying for this, I will read up about the SAR's then and see if that is another way to go. I know I am being moany but it's just annoying that the default got registered so late when the payment plan was already agreed and Cabot agreed as soon as they were assigned the debt!

never-in-doubt

In the coming months I am doing a thread about default removal so keep an eye out for that, it will detail how to get the CRA's to remove them.....

In the meantime, see these templates for an idea of what you should be looking to do if it is wrong: - eveen the legal jargon contained inside my templates should train a novice the basics on s.87 & s.88.....

23. Request copy of Default Notice - Formal Demand
You send this letter if the lender/DCA replies confirming they cannot find the default notice or that they do not have to issue you a copy as there is no debt.

24. Default Removal - Offer of F&F Settlement
This letter would be sent to a creditor/DCA whom you want to pay, at an agreed amount, in exchange of a default against you.

25. Default Removal Letter to CRA's
This letter would be sent if you have had a default registered and the lender confirms that they cannot locate the CCA and so will not pursue the debt.

26. Duplicate Default Registered with the CRA's - Formal Demand for Resolution
Template to send if the lender/DCA messes up and adds two defaults for the same debt.

never-in-doubt

jtr2803 wrote: »

Darn it :rotfl:. I want to CCA the loan anyway as I am still paying for this, I will read up about the SAR's then and see if that is another way to go. I know I am being moany but it's just annoying that the default got registered so late when the payment plan was already agreed and Cabot agreed as soon as they were assigned the debt!

Part of any SAR would include the CCA so instead of paying a pund then later paying a tenner, you may as well pay the tenner and do it all in one go....

itsnowtime

You're a star Niddy thank you.

I never received a default notice for the HSBC Credit Card but the default was registered on 21st March 2008.

They then assigned my debt to Link Financial as from the 5th January 2009 (informing me by letter on the 16th Jan) - however when looking at my credit report - It states Link Financial (who owns the debt) and the original default date by HSBC - which is probably correct. I just don't recall receiving the default notice.

And... I have a big file of all the letters I received so who knows - might be worth a try??

Thanks again

jtr2803

Thats brilliant, thank you so so so so so so much!!

Will start getting some letters going tomorrow

never-in-doubt

itsnowtime wrote: »

I never received a default notice for the HSBC Credit Card but the default was registered on 21st March 2008.

Ahh well you should see this post here: #7

The part you ought to be reading is shown below - pay close attention to the red text I highlighted for you!

The new minimum period after which a creditor or owner may take action (in respect of the agreement after having issued a default notice) is now 14 days. It used to be only 7 days. s.14 CCA 2006 amends s.88 of the 1974 Act to create this extension.

Additionally, under s.87, a creditor or owner must give the debtor or hirer a default notice in the prescribed form if he wishes to:

- terminate the agreement;
- demand earlier payment of a sum;
- recover possession of any goods or land;
- treat any right conferred on the debtor or hirer by the agreement as terminated, restricted or deferred; or to
- enforce any security

s.88 is also amended to allow the Secretary of State to prescribe information in the default notice to include any matters relating to the agreement (e.g. information about whether the agreement includes a term providing for the charging of post-judgment interest).

In summary - before a DN can be added the creditor MUST give the debtor a default notice in the prescribed form if they wish to terminate the agreement

You'll see the red text - ignore my comment to the idiotic james but the content is the same - i.e. the provision for a default notice.... that proves that this default was improperly served then!

itsnowtime

Ooo - I see an evening of typing letters coming on!!!

Thanks Niddy - I'll see where it gets me!