Unknown default on credit file

mipugh

I have just had a look on my credit file and have seen a loan default for which I was not aware.

I do not deny that this debt is mine - I got in quite a bad financial mess a few years back and although I believed I had paid back all debts this one appears to have been missed.

I have not been contacted at all about this debt by the company (MotorMile Finance) and as such would like to fight this default notice.

I am prepared to pay off the debt in full (after all, I borrowed the money so why shouldn't I repay) but before I contact them it would be good to know whether I have grounds to get the default notice removed as I have worked hard to clean my file up and would like it to stay that way.

Any advice is greatly appreciated.

fermi

If you left the debt unpaid, then it being defaulted is almost certainly correct.

What exactly do you think is wrong with the default as it stands?

mipugh

I don't think there is anything wrong about it except I have not been informed that it was being defaulted (although I have moved house since this debt occurred 5 years or so ago.

The debt is only for £195 which I will pay off immediately but was wondering whether there was a way (or technique) to use to get this default removed.

I know it is my fault for the original debt but I have spent the last 5 years clearing up my mess and was beginning to see the light at the end of the tunnel until this cropped up.

hallsy85

Try this approach here. Good luck!

http://www.learnmoney.co.uk/credit-file/remove_default_notice.html

fermi

Sorry. That link is next to useless. I get fed up of seeing people get sucked in by the nonsense on that, then posting on here when the creditors reply denying the requests.

There is no requirement under the Consumer Credit Act for them to supply a copy of any default notice or deed of assignment.

It also confuses a "default notice" under s87 of the Consumer Credit Act with a "notice of intention to file a default with the credit reference agencies". They both share the word "default" in they way they are referred to, but are completely different things.

Plus to record a default on your credit file it is not always necessary to send you a "notice of intention to file a default with the credit reference agencies", and the Information Commissioner acknowleges this in their default guidance. Even if it is recommended that one is sent, they do not have to keep a copy. Just a not on the account that one was sent.

If you want to find out what was sent and when, then a Subject Access Request is the only real way to go. In some circumstances then, if you can demonstrate that you should have had a warning sent to your account address, then some people have managed to get default off that way. It is uncommon though.