Default Notice removal

MAYA58

Hi Guys, hope you can help me please,
Trying to remortgage our house for home improvement,after obtaining credit report from Experian and Noodle, we have noticed three defaults on a single debt(£1000 overdraft) that belonged to an old joint bank account which was closed long time ago,due to severe financial difficulties after loosing jobs. we have the original copy of the notice dated back to Feb 2007, clearly more than six years. One of the three notices came from 1st credit LTD( DCA) and the other two from Lloyds TSB on same account number showing default date as May 2007 instead of Feb 2007.
We contacted Experian and Noodle to clarify with no reply yet. We have been declined remortgage in our first attempt through a broker.
Your help will be appreciated.
MAYA58

sistafromanothermista

Did you make any payments to these debts in this 6 year timeframe?

fermi

Is it a "default notice" under s 87 of the consumer credit act that you have a copy of?

If so, that is not the same thing as a default being registered on your credit file. Despite the nearly identical name.

Does it specifically mention a default being placed on your credit file? Usually giving 21 days? If not, then the May 07 date could be OK for that. Depending on circumstances and payment history.

MAYA58

Thanks Guys for your reply
No payments had been made since the default notice date.
Yes the notice was under s87(1) of Act 1974.
They gave 21 days to settle the debt.
It was also stated that the credit reference agencies will be notified.
Thanks again
Maya58

fermi

Can you give the exact wording of what it says re the credit reference agencies?

MAYA58

It said : What we will do if you do not correct your breech? -we refer your account to our solicitors to commence proceedings.....

We will also register information about your failure to pay with these credit reference agencies: Exprian Ltd, Equifax, and Callcredit Plc. they will keep this information in their records for 6 years.
MAYA58

fermi

Hmmm.....

That is not that same as a statement that they will mark the credit files with a default yet. That may refer to recording your payments as 1,2,3,4,5,6 months late until a default at a later date is appropriate.

Were you continuing to pay something, even after this notice? Even if it wasn't the full amount?

It is ambiguous though, so may be worth complaining that they took too long to record the actual default.

MAYA58

As far as I can remember my last payment 2005, the account dated 1989.
Is worth writing to the bank with copy of the original notice.however, why there are 3 defaults on same account?
Million Thanks

fermi

If the last payment was 2005, then there is no way in hell they should have waited until Feb or May 2007 to issue either type of default. That is bang out of order. Should have been within 6 months of when you stopped paying in 2005.

You get multiple defaults as the company that buys the debt can have the record changed into it's own name.

You should not have 2 defaults for the same debt from tha same company though, and unless the original one with Lloyds states 'transferred to collections', then they should have been removed completely leaving just the 1st Credit one.

So sounds like you need to complain about both the date and the multiple defaults.

MAYA58

Hi, Just want to add that I have just received a letter from Noddle confirming that the default notice issued by 1st Credit LTD will be removed from my report. Also Experian has removed the same notice.
however Experian said they are still awaiting to resolve the disputed notice with Lloyds TSB.
So at this stage do you advise me to write to Lloyds in this respect as I do have the original default notice which is clearly a statue Barred.
Kind regards
Maya58