Advise Please!

topcat9

Hi again Credit Crunched,

Sorry to confuse matters - I totally rewrote my post from what I read when I dug out my RBS default notices. I'm really not sure now and hope someone with more understanding of default notices will come along to help us out shortly!

Creditcrunched_2

Hi again Topcat,
Im sure they try to make this as confusing as possible!
I was under the impression that once an account was in default it was in default, surely someone cant default on the same debt twice? or eight times in my case!

My DMP was never enough to clear the arrears in the given time frame stipulated in the letter.

Im not sure why they have never registered a default with the CRA's if they have sent out 8 of them, but surely this is in breach of the data protection act as listing the account as 6mnths in arrears whe this is not the case is against ICO guidlines (it even states this in point 4 of the document).

Confused!

fatbelly

Creditcrunched wrote: »

Hi,
Thanks for post fatbelly, Ive read the ICO document and it clearly states that a creditor cannot list an account as 6mnths in arrears when the account is in default and a default notice has been issued as this would be classed as misrepresentation under that data protection act. I have conacted the ICO and spoken to an adviser who confirmed this.

The copy of the original default notice which i requested from Black Horse has arrived (dated 30/12/2004) so my next question is what is my next step?

Do i contact Black Horse by telephone and explain this situation, stating that this in breach of the data protection act, quoting the ICO guidelines, and request that they contact the CRA's and have the information relating to this account removed as it over 6 years since the original default notice or do I do this by letter?

Or would I be better off contacting equifax and explaining the situation to them?

Either way it seems to me that this account should no longer be on my credit report?

Any advice is welcome as always

I'd say to do it in writing, to Black Horse.

I am a bit out of my comfort zone here. Fermi has always been prettty good on data protection/ICO issues.

The way things are going, you might become our resident expert!

RAS

Creditcrunched wrote: »

The letter i recieved states that; This a default notice served under S87(1) of the Consumer Credit Act 1974.
It states that i have broken my agreement as there are arrears of £xxx. and to remedy tthis breach I must pay the arrears by 10/01/2005. Which I didnt.

that is interesiting becuase I think they can only issue one default notice.

What date was the default notice issued?

And if they only demanded the arrears, not the full amount, they can only take you to court for the arrears, not the full amount.

I think you should go over to the consumer action group and see if they can provide more help.

fermi

Raise a formal dispute via the credit reference agency.

At the same time write directly to the creditor with the same formal complaint.

May seem like overkill, but going both routes often seems to concentrate their minds, as they get hit from 2 directions at once.

Also, if they continue to ignore or refute your complaint, then it gives you plenty of evidence to then take it forward to a formal complaint to the Information Commissioner and the FOS.

In your dispute, make sure you say clearly that:

- You have confirmed with the ICO that the data the creditor is reporting is inaccurate, misleading and detrimental. And that the ICO confirmed that the creditor is in breach of the Data protection Act in doing so.
- That you are preparing paperwork for a complaint to the ICO and FOS.
- That you require the bank's "final response" on the matter within 8 weeks of your initial complaint, and a copy of their complaints procedure.

fermi

A default notice under the consumer credit act and a default recorded on your credit files are not completely the same thing.

The creditor can only record one default on your credit file, ever.

They can issue more that 1 default notice under the consumer credit act, but ONLY if you had remedied the breach and brought the account up to date within 14 days of any prior ones.

If you didn't bring the account up to date after your first one in 2005, then they were never entitled to issue the other 7.

RAS

fermi wrote: »

They can issue more that 1 default notice under the consumer credit act, but ONLY if you had remedied the breach and brought the account up to date within 14 days of any prior ones.

If you didn't bring the account up to date after your first one in 2005, then they were never entitled to issue the other 7.

And they are therefore only able to take you to court for the amount of arrears stated on the first default.

fermi

RAS wrote: »

And they are therefore only able to take you to court for the amount of arrears stated on the first default.

Not necessarily.

If the agreement states that upon default the whole amount owing under the agreement becomes payable immediately, then they can go to court for the lot.

Creditcrunched_2

Hi Fermi and RAS,

Many thanks for all your advise, I will compose a letter and send it off to Black Horse stating the reason for my complaint. I will also be contacting Equifax.

I will keep you posted with any updates,

Once again, thanks to everyone for their advise.