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DMP - Halifax Letter removal of default

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Comments

  • Hi All,

    I had the same situation but with RBS, wrote to them last month and received a letter within 2 weeks stating that they would change the date of my default and amend my credit file accordingly.

    Here is an extract from the letter I wrote, not sure if it helps-

    I believe that the date of default on the above account is incorrect. . Having obtained some advice, I was advised that a default should be issued 6 months after an account goes into arrears or is under paid. I believe you took longer than the 6 month timeframe to issue my default, and I had already began a repayment plan over a year before the default was issued.

    I would like to have this default removed as soon as possible as I believe you have not followed the correct procedure and it is now having a detrimental effect on my financial status.

    I request that the date on the default is amended accordingly as soon as possible, showing the true date of the default, meaning it will now be removed from my credit report.

    Hope this is some use to you.

    Good luck
  • chris_h16
    chris_h16 Posts: 123 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Where did everyone here send their letters? Normal contact address or CEO, or complaints?
  • chris_h16
    chris_h16 Posts: 123 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    climbingoutoftheabyss is your point to get the default removed or that they should of placed it on your credit file at the start of the DMP not so far through? My letter kind of has both points and I'm unsure whether to take one or the other out and make one point. What do you think?
  • climbingoutoftheabyss is your point to get the default removed or that they should of placed it on your credit file at the start of the DMP not so far through? My letter kind of has both points and I'm unsure whether to take one or the other out and make one point. What do you think?

    I'm asking for it to be removed, however if they were to change the date to when I started the DMP (and when I was struggling to pay the monthly amount, hence when the relationship did break down) then, in my case, this would have been 6 years ago anyway.

    So, I'm aiming to get it removed completely and that is what I have requested.

    I wrote to their collections department where the main correspondence goes.
    Unsecured debt 2008 c £45,000
    Current unsecured debt February 2016 £1,734.85
  • Is collections the debt recover department? My debt moved over to the internal collections department, but not sure they would have the power to change the default
  • chris_h16
    chris_h16 Posts: 123 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Hi received a phone call from Halifax.
    The woman said that my credit file is a true reflection of what happened. She said in my interest it would of been better for Halifax to register the default earlier so the 6 years were over quicker, but they don't just hand out defaults easily. She said I was offered to settle the account or it would be referred to their collections department. Well I'm on a DMP so obviously I can't pay it off, I have a 5 year plan for all my creditors. Although they agreed to the reduced payments at the start, they give reviews and decide whether they want to stop accepting them and refer to their collections department.
    I've asked for it in writing, and will try the Head office or CEO address.
  • I'd keep pushing and see if they will agree to move back the date they issued the default to reflect the time when you were having financial difficulties. My understanding is that the appeals process with the Information Commissioner is slow.
    Unsecured debt 2008 c £45,000
    Current unsecured debt February 2016 £1,734.85
  • lindsloo
    lindsloo Posts: 252 Forumite
    Is it possible to take legal action against a firm, in the small claims court for instance, to get a default removed?
  • Hi,

    Thanks so much for posting this - I was wondering if anyone had any updates?

    I'm coming to the end of my DMP (6 long years!), and have just begun looking at my credit files to see what can be done - I found that most creditors had levied defaults on or around the start of the DMP, but in the case of Abbey/Cahoot, they waited 4.5years!!

    I called them today and they merely quoted the usual "we're within our rights to apply a default at any time" etc. However, this seems unfair to me, and totally out of sync with the spirit of a DMP. Why would they wait so long when they had been accepting payments for so many years?

    Any advice very welcome!

    Thx.
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