Welcome finance default

brownrabbit

Hi all, another welcome finance question!

Sent for and received an sar just within the 40 day limit. However there is no reference on any of the documentation of my default issued on the 28/04/2010 abbreviation or otherwise - should there be? I have read that I should also receive a copy there internally signed default notice which there is not.

I have received several pages which are illegible and cannot read them. Convenient as these are the pages where I had ask for reduced payment and frozen interest while on maternity leave - what can I do about these.

Also there is hardly anything in the Sar sent to me, for instance my budget sheets sent via email to them via email which I can prove I sent and they acknowledge they received

Really need to know the best coarse of action

Thank you.

happy_bunny_2

What info are you hoping for and why?

They don't need to send you a copy of the default notice, but they should be able to prove it was sent and from what you say there is no evidence of this on what they sent you.

Did they send you one?

matttye

If you think they're withholding data from you, you can write a letter of complaint to them and then complain to the information commissioners office if they don't respond appropriately.

chanz4

Also they may not always keep emails

rizla_king

brownrabbit wrote: »

Sent for and received an sar just within the 40 day limit. However there is no reference on any of the documentation of my default issued on the 28/04/2010 abbreviation or otherwise - should there be?

There should be a record that one was sent. iI there isn't, then either one was never sent or they are wrongfully withholding records.

brownrabbit

Hi - I never received a default notice, and there is definitely no record of a default in the SAR.

I contested the default as it was awarded following a verbal agreement to reduce payments for 5 months while I was maternity leave, I never missed any payments, just reduced my payments with approval from 300 to 100, I then immediately began overpayments of 320 after 5 months.

The arrangement was reneged on after I had my baby, and I couldn't sort it out at the time as hormones and newborn didn't permit logical thinking. I had nothing in writing, but couldn't stretch my half pay to cover the full amount. I was harassed to the point of tears with phonecalls asking for me to make up my payments literaly a few days out of hostpital. I had budgeted everything over the 5 months I wasn't working in order to last on my reduced wages, so there wasn't any way of finding extra to pay, as I had already had an agreement that reduced payment was ok.

A few months later I was back paying Full contractual payments plus overpayments, but then found out I had a default.

When I applied for a reduced payments, and after on several occasions I asked for the interest to be frozen, and for charges to be stopped on my account. They asked for a budget sheet to be sent in, which id did....4 times via recorded delivery and once via email. They said they never received and I never requested, but they have actualy sent me back a budget sheet that I sent them in the SAR.

I am still awaiting a charges breakdown, which they say they will forward shortly.

I have written a letter of complaint about the above, but it was not upheld by them.

I suppose now I am trying to find out if I can get the default reversed / cleared because I don't feel it was justified.. and if not, can I get it removed because they never told me they were going to default, or have any record of it in the SAR they have sent me.

Sorry for the monologue, and thank you so much for all your help.

matttye

The fact they agreed reduced payments doesn't mean the default was unjustified. If you were paying amounts not consistent with what was in the credit agreement you signed (I.e. below the minimum payment), they had every right to default you. This is why people still get defaults when they offer token payments and have interest frozen.

Your best chance of success, and it seems good based on what you've said, is that they did not serve a default notice on you. That renders the default invalid and you should be able to get it removed.

The purpose of the default notice is to tell you what needs to be done in order to stop the default and what could potentially happen if you continue not to pay. If you haven't been given that opportunity, it becomes invalid.