Default removal?

shopaholic2

Hi, I've just been reading some of Martins guides to defaults, and it says that if you think a deafult is unfair you can ask the compnay to remove it, OR pay it off THEN ask the company to remove it.

OH has an account that was put into default through no fault of his, as he had been led to believe the insuarnce had paid off the loan sum (was a car loan, car written off).
Ok, he has accepted since that the debt is there, and has paid it, regurlalry, every month.
He now owes just 2 more months, and i was hoping to be able to negotiate with the comapny to remove the default once the account is settled.

Is there a way of doing this? Template letter we could write?

Many thanks

Tixy

Did the car loan company not write to OH chasing the debt? Did they send through a default notice prior to registering the default? Did OH get in touch when he received the default notice?

How long since the default was registered? If its a while ago now I would imagine that reduces your chance of getting it removed.

Is the debt still with the original company or is he paying a debt collector? is the default registered in the name of the original company or in the name of the debt collector?

shopaholic2

HI, the company obviously say they contacted him, but we heard nothing, until they decided to ring him and tell him AFTER the default was registered.
It was just this year, or last year,but as i said it will be paid off on 20th november.
The debt WAS with credit resource solutions, who he pays every month, on the 20th, via continuos debit card transaction.....
HOWEVER, barclays ( who the debt was with) rang him yesterday and said his account was in default (again). He asked why, and after checking the payment had been made on the 20th sept, rang CRS.
Barclays say that CRS usually send them the payment by the end of each month, but they had not receieved septembers payment.
Oh, and by the way, the debt is back with us ( Barclays) and you should be paying us..:mad:

Nobody told him this.
CRS finally decided that yes, he had paid, and they would send the money thru to barclays.
I don't understand how they can sell the debt on to CRS then have it back?
I can see, now, from this months experience, how they don't bother telling you that you might default, until you do.

I just want to try to overturn this if i can, and need help to do so

Tixy

They obviously didn't sell the debt onto CRS but appointed them to collect the debt on their behalf.

They should have sent out a default notice in the post to his last known address prior to registering the default giving him 14 days to rectify the account. Are you sure he didn't receive this but failed to act on it or didn't understand its significance?

You can only have 1 default notice issued against you for a debt. When they have said he is in default this month they mean he hasn't kept up with the arrangement he made (they use the word default in 2 different contexts) not that they have entered another default notice on his credit file.

You could do a subject access request to barclays (costs £10) to look for evidence that a default notice was sent out - if there is a record of the date it was sent out then you will be unlikely to get the default removed, and you would only be relying on goodwill, as once the debt is paid you have no 'bargaining power' to try to get it removed.
If there was no record of one being sent out on their then you could use that to attempt to get it removed.

shopaholic2

Thanks...
Also, would the SAR show if he had PPI on the loan???