Incorrect Default Dates on Credit Report

jtr2803

Just checked my lovely 'debt' file and funnily enough....no default notice from HSBC, no default notice from Cabot on either account!

Fingers crossed!

itsnowtime

I 'think' I have a default notice from Sainsbury's - does anyone know who may be able to check whether it is valid or not?

I have attached a photo here:

http://i760.photobucket.com/albums/xx245/itsnowtime/Sainsburys1.jpg

http://i760.photobucket.com/albums/xx245/itsnowtime/Sainsburys2.jpg

I was within my credit limit on the account - but behind with minimum repayments. The default notice is confusing. In the top section it talks about the arrears and that I must pay them into the account before 27th Feb.

However, it then states that we will terminate the agreement if further action is not taken before the date shown , however I rang and made an arrangement to pay which they continued to accept up until the 20th May when I received a letter from Blair, Oliver and Scott and the default was entered on my credit record on: 15th May 2009.

I offered Blair, Oliver and Scott the same amount and they accepted no problem.

If it looks valid then no problem - but didn't want to jump into requesting a copy of the default notice when I have it here.

Thanks

never-in-doubt

Edit the image - it has your name showing in the Dear Miss XXXXXXXX and also shows your account number on there a few times - take out all personal info!!

It was sent on 13th, with a reply date of 27th - 14 days dead on? No mention of paying the arrears? It is defective, most are as it happens cos they are computer generated!

itsnowtime

Thanks - can't believe how doesey that was! Covered certain bits but not all. I've removed the links now. I will now look into challenging them with the defective default notice!! Thanks again

never-in-doubt

itsnowtime wrote: »

Thanks - can't believe how doesey that was! Covered certain bits but not all. I've removed the links now. I will now look into challenging them with the defective default notice!! Thanks again

No probs, all the best and remember to keep us updated with progress

itsnowtime

Thanks Niddy.

I have now updated the pics (blanking out my personal info - this time!!)

Interestingly it gives me 14 days to take action and also states if I have not paid the requested amount within 28 days of the date of this letter - now that's a little confusing!!

Let's see what happens next

itsnowtime

Sorry for the number of questions.

Whilst I am requesting a copy of the Default Notices from HSBC - I was wondering how I should challenge Sainsburys.

Should I request a copy first to see if they can provide me with it and then go down the route that it's not enforceable

Or should I challenge the supposed default notice that I have in my possession on the following grounds:

1. 14 days notice provided - but no allowance for postage
2. Default is confusing states to make a payment (equivalent to arrears amount) within 14 days of the date of letter - but then states if I don't take action they will terminate the agreement and close the account. However it then states if I have not paid the amount requested above within 28 days of the date of the letter or made satisfactory proposals to do so they will pass the default on to credit referencing agencies.
3. Proposals were offered and accepted - but account defaulted and passed on to BOS 3 months afterwards with same repayment amount..
3. ICO Guidelines: If a customer fails to return to contractual payments after an ‘arrangement to pay’ has expired, then the lender can file a default immediately, as long as this would not place the customer in a worse position than they would have been in, had they not made the arrangement. Arrangement to pay expired in Sept 2008 - default not registered for 8 months and put me in a 'worse position than I would have been in. Because had they not agreed the arrangement to pay they would have defaulted the account from day 1 - therefore the default notice stays on my credit file for longer even though I made the effort to make a payment etc...

Hope that makes sense.

Thanks

itsnowtime

This is the letter I'm intending to send to all other creditors - thanks to Niddy.

I've also tagged a line in the bottom which states that I will continue with the repayments as agreed. Reason for this, is that I don't want them to get a little shirty about it.

Do I need to add anything about making a formal complaint to FOS / ICO??

Thanks


[FONT=Calibri, sans-serif]Dear Sirs,

With reference to the above account details.[/FONT]


[FONT=Calibri, sans-serif]After recently obtaining a copy of my Credit File from the Credit Reference Agencies, I am concerned to note that your company has placed a "Default Notice" dated XXXXXXXXXX against the above mentioned account.[/FONT]


Further to this, I have no recollection of ever receiving a Default Notice for this account and therefore I require you to substantiate this data.

Please supply me with a signed, true certified copy of the original default notices in line with s.87 & s.88 of the CCA(1974).

You are notified that you are obliged to supply these documents, under s.189 of the CCA(1974). I request that this data is provided to me within the next 14 days.


If you are unable to provide this data then I require all adverse information in relation to this account to be removed completely, including any defaults that may have been applied. Please note that mere correction or amendment to the entry will not be acceptable.


I will be continuing to make the repayments as agreed.

Yours faithfully

itsnowtime

Whilst I was doing further research last night, I don't recall receiving a termination of account - although it is stated in the Default notice (whether valid or not) that they would terminate if I didn't pay the arrears amount in 14days / 28 days (your guess is as good as mine!!)

Should I also request a copy of this?

I'm just a little concerned that if the account is still active they will try and re-issue the default notice - can they do this?

Sorry I just don't want anymore defaults to appear...

Thanks

itsnowtime

Well - I have written all my letters and they are ready for recorded delivery tomorrow.

With regards to Sainsbury's I have decided to make a complaint aon the number of points I have raised in the thread above to see if I can get the default removed (fingers crossed)