Advice needed on default issued

ShopaholicNumber1_2

I am hoping someone can clarify and point me in the right direction. I have been on a DMP with CCCS (Stepchange) for almost 3 years and have paid on time and increased my payments regularly. NEXT agreed to freeze interest and accept a reduced payment, although they sent out a "renewal" agreement at regular intervals. In October 2012, they sent a letter with my monthly statement warning me that I was in arrears and that failure to repond to the letter and pay the arrears sum of £159.04 could result in a default being registered (amongst other vague possibilities such as a debt collector coming to my home etc). I called them on 11th October and they confirmed that my latest payment had, indeed been received in accordance with the agreement and also confirmed that the arrangement would be reinstated with immediate effect. This was confirmed in writing starting with a new agreement on 7th November. I continued to make my regular monthly payment. My most recent statement from them was dated April 2013 confirming receipt of slightly more than the minimum payment as per our agreement.

Later in April 2013, I noticed a new default go onto my account and was contacted by a collection agency to whom the debt had been sold. As the amount was negligible, I accepted and paid their full and final offer and the debt was settled. However, as my other defaults date from 2011, I wasn't happy that a further 2 years had been added to my "bad credit" period because of this most recent default. I wrote to NEXT requesting a copy of the default notice and request for payment within 28 days. They replied with a lot of pointless documentation (original credit agreement etc) along with a copy of the October 2012 letter, which was not, in my opinion, an official default notice.

I would like some advice on how best to proceed as I would like them to remove this default if at all possible. Had I received a letter in March/April requesting settlement, or warning me that a default was about to be issued, I would have paid the amount in full as it was almost fully paid anyway. I was genuinely unaware that I was facing another default. If anyone can help, or provide a sample letter which I can send them at this point, I would be very grateful.

Thanks in advance.

Tixy

I would argue that the default has been unfairly added far too late, rather than trying to argue that there shouldb't be a default (as being on a DMP you have by definition defaulted).

I would write to them state that you believe the default on your credit file is inaccuarate and is unfairly penalising you. I'd quote the ICO guidelines on filing default notices using the clauses that state 1) that a default should normally be added by when a debtor falls more than 6months behind with the original contracted agreement and 2) that being on a DMP should not mean you end up in a worse position than someone who made no effort to repay the debt (those are paraphrased but the guidance does say both those 2 points).

See here http://www.ico.org.uk/~/media/documents/library/data_protection/detailed_specialist_guides/default_tgn_version_v3%20%20doc.ashx
look at claues 11 and 25 in particular

ShopaholicNumber1_2

Thank you. I will write to them tomorrow.