Confusing default situation

drtommy

Hi all,

I am new here so thanks for having me!

I hope that someone can just help me get my head around the situation regarding a default that is on my credit file.

Basically, I got into some financial difficulties whilst I was studying at uni. I spoke to the CCCS charity who were very helpful and suggested I went onto a DMP which I did in Sep 2011.

After approximately a year (and meeting the DMP payments on time etc), I had finished studying and got a job and made full and final payments with my creditors, and that was that.

One of the creditors was a Natwest overdraft, for which they accepted full and final payment in August 2012.

However, I have recently obtained copies of my credit files and all show that a default was issued by them in May 2012.

I am quite organised and have all correspondence over the years, and I do not have any notices saying that a default would be issued.

I wrote to them (after reading another thread on MSE) to query this following a template letter, and requesting a copy of the original notice. I have just received a reply saying that:

- they can confirm that the Default Notice was sent September 2011 in accordance with requirements of Section 176(2) of the CCA. The default was therefore registered correctly and will not be removed.

- the default document is a system generated letter so we are unable to reproduce it and supply you with a copy of the original notice.

- as the account has been fully repaid or settles by way of a full and final repayment, there is no longer any requirement for the Bank to comply with the request for a copy of the credit agreement.


I am very confused, as my credit file says the default was registered May 2012, but the letter says the notice was sent in Sep 2011 (which is just after I started my DMP).

I had no idea that the account had defaulted until I just checked my reports. In addition, the registered date of the default on my file is months after the date of the notice that was apparently sent to me. Any advice would be really appreciated - I haven't replied to them yet.


Thanks very much

Tom

nicp60

Hi Tom,
I don't think they actually have to supply a default notice, but they must comply with ICO guidelines which state that a default should be applied within 6 months.

I have had success in getting the default date changed to the start of my DMP with one of my creditors.

I would write to them again, stating the ICO guidelines (you can find them on this site) and requesting that they change the date in accordance with those.

Best of luck.

happy_bunny_2

They are correct in that they don't have to give you a copy of the DN or a CCA as account closed. Although ODs don't follow standard CCAs from what I know.

As said, defaults should be applied within 6 months as per
http://www.ico.org.uk/~/media/documents/library/data_protection/detailed_specialist_guides/default_tgn_version_v3%20%20doc.ashx

If you want to know when the DN was sent, send an SAR and a tenner. It should say when sent.

If they say it was sent in Sept 11, then it should be applied no later than Oct 11 as most give 14 days to fix the issue. So complaint, in writing, demanding they change it and make sure they know you will refer to FOS if they fob you off.

8alder

This is really helpful info nicp60. I had 8 accounts to which I paid the nominal payment of £1 in December 2006 as advised by CCCS. Thereafter CCCS set up a monthly payment plan for me. Defaults were applied randomly over a period from February 2007 with the latest not being applied until September 2009. Had they all been applied within 6 months of the plan being started then I should have been default free this month. As it is I still have 3 defaults outstanding because of the staggered default starts. I'll look for the ICO guidelines and write to them highlighting the above. Hopefully this might lighten the load. This info has certainly lightened my day! Many thanks nic60, 8alder.

Just catching up with your comments too Happy_Bunny. Really helpful - thanks.
And cheers drtommy for raising this query.

drtommy

Thank you all very much for your helpful comments. I find it amazing that they don't have to send a default notice.

I will push for them to change the date of the default.

I have some other accounts I would like to discuss but I will start new threads.

Thanks very much!