Disputing defaults

institches65_2

Hi
I have a default registered against me which I am disputing. It originated from Egg Credit Card. I did not miss any payments but did enter a DMP and they accepted reduced payments and removed interest. They sold/transferred the debt to Cabot Finance who are also showing the default. I have no record or recollection of receiving a default. I have written to Cabot asking them for "true and certified copy" as I believe is my right to do (got that info from another forum). However Cabot have written back stating that the default was issued by Egg and that they believe the entry registered to be accurate. As Egg allegedly issued the default and they no longer exist does anyone know where I can go next with my request? I had thought that if Egg issued a notice when it was purchased by Cabot all information pertaining to defaults should also be transferred? Any advice gratefully received.
Thanks.

matttye

They may have accepted reduced payments when you entered a DMP, but if your payments were below what was set out in the credit agreement, then they were within their rights to add a default.

They should have sent you a default notice telling you what they intended to do and what you could do to put it right. Did they do this? If so, there's no grounds to have the default removed.

They don't have to provide a copy of the default notice, only evidence that it was sent as far as I'm aware.

institches65_2

I diid not to my knowledge receive a default notice (and I am pretty good at keeping paperwork). I am trying to get proof of default and all Cabot are saying is "we believe the default registered has at all times been accurate". I want proof of this as it is preventing me getting a mortgage but, so far, they are just refusing to provide proof of any sort. However as it was not them who allegedly issued the default I am struggling to know where to turn next.

fermi

----> ICO Guidance - Filing defaults with credit reference agencies

The debt being passed or sold to a debt collector is one of the clear cut indicators allowing a default to be filed.

They should have sent you a default notice under the Consumer Credit Act, but that is not the same thing as a notice of intention to file a default with the credit reference agencies as advices by the ICO under the DPA.

They share the same terminology of "default" and "notice" but they are 2 separate things. Confusingly they can often be sent at the same time.

However, warning you that a default will be recorded with the CRAs is only "strongly recommended" rather than essentail if you have otherwise been warned that failing to keep to the account terms will be reported to the CRAs. And as said, even when one is sent they do not need to retain actual copies.

Buzby

You can only be defaulted once for the same debt - as Egg no longer exists it will be impossible for you to challenge them, and by your own admission there was a debt. If Cabot list it again (not unknown) then refer o the fist default and insist on the duplicate's removal.