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Removing defaults when not aware they existed

mi33cupc@ke
mi33cupc@ke Posts: 221 Forumite
edited 21 February 2013 at 7:41PM in Credit cards
Deleted post

Comments

  • YorkshireBoy
    YorkshireBoy Posts: 31,541 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Can't help with the will they/won't they remove the defaults question.

    But to pre-empt their response to your 'complaint'...

    Presumably his monthly statements were also going to your old address for the 2-3 years in question?

    If so, didn't he think it a little odd, that for (up to) 36 months he hadn't received a statement for the account?
  • Willing2Learn
    Willing2Learn Posts: 6,294 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    edited 10 February 2013 at 7:08PM
    Personally, I do not believe there would be a valid dispute.

    Regardless of whether the statement was issued to the incorrect address, you husband would have been aware that there was an active credit agreement and that he was contractually obliged and liable to pay at least a minimum amount every month. Your husband should have contacted them to make a payment in the very first month whilst also confirming they had correctly updated their records.

    You could raise a complaint with MINT and see where it goes...but I don't think he will really have a leg to stand on. You could also raise a dispute with any CRA you consider to hold inaccurate data.

    How much is the arrears?
    When was the default registered?

    The default 'drops off' from the credit account six years from the date of the breach, (the date that would have appeared on the default notice).

    ICO Guidance
    I work within the voluntary sector, supporting vulnerable people to rebuild their lives.

    I love my job

    :smiley:
  • YorkshireBoy
    YorkshireBoy Posts: 31,541 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    The default 'drops off' from the credit account six months from the date of the breach, (the date that would have appeared on the default notice).
    I assume you meant to type the word 'years'?
  • BugsyBrowne
    BugsyBrowne Posts: 5,697 Forumite
    Personally, I do not believe there would be a valid dispute.

    Regardless of whether the statement was issued to the correct address, you husband would have been aware that there was an active credit agreement and that he was contractually obliged and liable to pay at least a minimum amount every month. Your husband should have contacted them to make a payment in the very first month whilst also confirming they had correctly updated their records.

    You could raise a complaint with MINT and see where it goes...but I don't think he will really have a leg to stand on. You could also raise a dispute with any CRA you consider to hold inaccurate data.

    How much is the arrears?
    When was the default registered?

    The default 'drops off' from the credit account six months from the date of the breach, (the date that would have appeared on the default notice).

    ICO Guidance

    6 months sure you meant 6 years.
  • Willing2Learn
    Willing2Learn Posts: 6,294 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    edited 10 February 2013 at 7:07PM
    I assume you meant to type the word 'years'?
    6 months sure you meant 6 years.
    Thanks, seriously bad typo and edited accordingly!!!

    Edit: Evidence of why people shouldn't accept the advice given on forums as gospel :)
    I work within the voluntary sector, supporting vulnerable people to rebuild their lives.

    I love my job

    :smiley:
  • skiversinc
    skiversinc Posts: 19 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    edited 22 March 2013 at 3:15PM
    Hi, sorry to hijack a post, but if no notifications were received regarding a default, what is the standpoint there? I ended a contract with BT, got a huge bill. BT agreed to look into it and also to remove cancellation charges etc & said they'd get back to me. Now I find that they'd issued a default onto my credit report 3 years ago.
    I've spoken to them & they say they don't have any copies of letters informing me of the default. Surely they have to send these & keep them? Where do I go from here? The default was for £21. I've offered to pay the outstanding amount if it's owing, but as I'd ended the contract I wasn't really expecting much from them. They also say that they passed my file to a DCA, but 3 years down the line I still haven't heard from them either. How could I know about the default in this case?
  • grumbler
    grumbler Posts: 58,629 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 22 March 2013 at 4:09PM
    I am no expert, but I think notification is a requirement set by the Consumer Credit Act that doesn't apply to utilities contracts. If so, your only way is to start a formal complaint procedure with BT, then take it further to the ombudsman if needed.
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