Unfair Default

kingstreet

Have you taken the advice of the Experian Rep?

Contacted the other CRAs?

holly_hobby

Multiple default notices can not be recorded on a single debt, therefore only 1 notice of default can be recorded per single debt, once.

The correct default will be the initial one recorded by the Original Creditor (OC), even if the debt has been sold and purchased by another financial company.
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Any further default recorded on the same debt must be removed.

Raise a challenge with all CRAs it is recorded with (use checkmyfile.com to search all 3 at once), they have a legal obligation and duty to ensure that the information being recorded is accurate and appropriate.

They must put on a notice of referral on the account until the matter has been concluded.

Hope this helps

Holly

gemmakate32

holly_hobby wrote: »

Multiple default notices can not be recorded on a single debt, therefore only 1 notice of default can be recorded per single debt, once.

The correct default will be the initial one recorded by the Original Creditor (OC), even if the debt has been sold and purchased by another financial company.
,
Any further default recorded on the same debt must be removed.

Raise a challenge with all CRAs it is recorded with (use checkmyfile.com to search all 3 at once), they have a legal obligation and duty to ensure that the information being recorded is accurate and appropriate.

They must put on a notice of referral on the account until the matter has been concluded.

Hope this helps

Holly[/QU

Thankyou very much, this is so frustrating as they are in the wrong on so many aspects, but this company really are a law unto themselves.
I have registered it with experian, who have ut a notice of correction on, but still not taken it off

holly_hobby

The firm whom registered the secondry default, have to give instruction to the CRA for its removal.

You need to be speaking/communicating with them directly.

Holly

gemmakate32

I have contacted Experian, but with no joy. I have filled in the forms and had no one return my calls. I have also called them.
The problem I am facing is that the original default fell off my credit file in April 2012. So as it is over 6 years old they dont have a record of it ???
The financial ombudsman are dealing with the claim, but are asking for the same information.
Welcome finance have conveniently lost the account information , blaming a change in computer systems.
I applied for an SAR, after firstly trying to say I wasnt on their records, and proven that I was, they then denied having the request or the £10 payment.
I sent over a copy of the cheque that they had already cashed !! and eventually they sent me "some" information , well after the 40 days.
In the SAR , they have staated that my contract was re-written, thia was without my knowledge, and no surprise they have misplaced a copy of this.
It is on record that I called and gave my new address. However the recorded also go on to prove that they continued to write to my OLD address for another 6 years, each time adding a fee of £25 to the account.
It is beyond a joke how this company can get away with such behavior.
What I am concerned about is there is no proof of the first default, however plenty of proof my account was in default , which I openly admitted.
Will the ombudsman still be able to award in my favor to have the second incorrect default removed ?

Conrad

A tactic I found to work well in such intractible situations is to deal only with the MD. Use special delivery postage.

Make sure you keep any letters to the point, use space between points and don't ramble otherwise a third part reader cannot make head nor tale of events.

You should also complain to the Data Protection Registra if you feel your creidt information is inaccurate. You should also write to the date protection officer at Welcome to advise them of this.

From memory didn't Welcome recently get a big fine for this sort of thing? Not sure.

Thrugelmir

gemmakate32 wrote: »

It is on record that I called and gave my new address.

Change of address must be provided in writing to comply with Data Protection Act.

gemmakate32

Thankyou Conrad , I will take that route also.

Thrugemir, all my correspondence has been followed up in writing , it is all logged by the staff at welcome. Even the Debt management company advised them too. However they have made similar mistakes all over the account.
I have sent my marriage certificate to them by recorded delivery twice , and by email, yet they are still addressing me by the wrong name.

holly_hobby

As long as there is proof on file you advised your new address, I believe that it could be argued that this is sufficient to evidence your actions in keeping your records up to date - especially if the Firm accepted it, and did not ask for this to be confirmed in writing.

As Conrad has suggested, refer this to Welcome's DPO - within your correspondence advise that if the matter is not dealt with satisfactorily you will be referring the issue to the ICO (whom effectively police firms and their adhereance to the DPA) - and usually is enough to get uncoperative firms to pull their finger out !

Direct link so you can have a read what their remit is and how they can help .... http://www.ico.gov.uk/for_the_public.aspx

Going to FOS, I don't believe the have juristiction over CCJs and DNs, and even so, will only be able to judge on the info provided - so if the OC are claiming that the default registration date is correct, FOS will ordinarilly accpet that as being accurate (all things being equal).

Do you have the original default notice they sent you ?

The DN (which must be sent by law for a default to be lawfully registered) will be dated, advising what the breach is and what you need to do to remedy it, and the date and within what timeframe (legally minimimum of 14 days from date of service must be given) to allow remedy before the registration of the default itself.

Ensure ALL correspondence is sent by recorded mail and keep a copy of your proof of posting and the communication sent.

Hope this helps

Holly

gemmakate32

It helps massively Holy , thankyou very much.

The original default was 2006 so has now fallen off my record and experian also no long have it as its over 6 years.

I had no default of the second debt as they were sending all letters to my old address. This is despite all of them coming back as returned mail and marked customer gone away.
The change of address has been logged quite clearly in the notes , with no mention of further proof etc, when I spoke to a customer services agent that said they could aslo see the error and the account was a mess!

Time for me to get pen back to paper, thankyou all for your helpful advice