Default in 2009

smiffy911

Hello, I entered into a debt management plan in 2003 with a large debt. One of my creditors was Halifax who waited until 2009 to register a default. The amount owed to Halifax has now been satisfied but obviously the default remains. Where they right to wait until 2009 to issue the default and would I have any chance of getting this default removed? Thanks in advance for your replies

nottoolate

if they were going to put a default they shouldnt have waited that long. people on dfw have complained about this and got the dates changed

IainHL

As nottoolate says that is wrong of them. Write to them quoting the ICO Technical Guidelines on issuing defaults and get them to agree that the date of default should be changed to 2003/2004 (up to 6 months after you started the DMP).

This does of course mean it would drop off your credit report.

smiffy911

Hi, many thanks for your replies. Would it matter that the debt was passed onto a Dca?

IainHL

smiffy911 wrote: »

Hi, many thanks for your replies. Would it matter that the debt was passed onto a Dca?

Not if it is Halifax who have registered the default. In fact I would be inclined to say that the point at which an OC passes the debt to a DCA they have effectively admitted the relationship between them and you has broken down (a phrase used in the guidance).

smiffy911

Hello and thanks for your reply.
Just checked again and the default was definitely registered with Halifax.
Does anyone know of a standard template I could send to Halifax? Thanks

lvm

I wrote this to them last week. Not got a reply yet.

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I have an outstanding credit card debt of approximately £xxx on the above account held with yourself.

I have been paying £xx per month to (DCA name) for the last 2 years to clear this debt – please note that as far as I or Credit Reference Agencies are concerned this account remains with Halifax.

Upon checking my credit file, it has come to my attention that Halifax plc filed a default against me on 19th September 2008 however upon further inspection, I don’t appear to have made any payments towards that account in 2008. In fact, the last payment I can find is a payment of £37.68 on 10th September 2007. It has therefore taken over 12 months, without payment being received, for you to file a default.

As per the Information Commissioner’s Office guidelines on the filing of defaults, “accounts should normally be filed as being in default where those payments due have not been received for six months”.

I therefore request that the appropriate measures are taken to inform the Credit Reference Agencies that the Default Date on this account should be amended to no later than 30th June 2008.

I would also request written confirmation that this has been done.

Should you require any further information from me, I can be contacted on xxxxxxxxx.


I only mentioned the fact that they still own the debt because last time I sent letters to them, they didn't even read them and forwarded them to the DCA who is dealing with it.