Two defaults on same account?

EOX82

Hi hope someone can help.

In 2004 we got in to trouble with debt and went to a debt management company. One of my loans was for a large amount through Nationwide. Now I don't have a copy of my original default notice but I do know that by 2005 it had been passed to Drydens collectors and I also had court forms to fill in and a charge on my property.

Now when I look at my credit file all of my other creditors in the DMP have dropped off as they were defaulted over 7 years ago even though some are still being paid but the Natiowide says account defaulted April 2011, 7 years after the account, in my eyes became defaulted. Now I am pretty sure that we received a default notice all these years ago but not in 2011. I also think that they must have defaulted in order to send the account to court and get a charge on my property and my DMP say that usually they default it before sending it to a collector.

My question is can they default on an account twice? The debt got passed back to Nationwide so is no longer going through a collector but it seems awfully unfair to stick it back on my credit file so many years later when I have stuck to the agreement for so long.

If I can prove they issued a default notice in 2004/5 and if it is unlawful do I stand a chance of having it removed from my file?

Thanks in advance

Emily

happy_bunny_2

They can only issue a default once. Take a look here:
https://forums.moneysavingexpert.com/discussion/3172602

Are you still paying the account? If not, when did you last pay anything on it?

EOX82

Thanks

Yes but it only has a few months left to run. Same as my other creditors in the DMP plan.

happy_bunny_2

You need to complain to them, in writing, that defaults should be issued within 6 months. Have a look at the ICO guidelines, as there is a section for DMPs, but doing it that late is plain wrong.

Sometimes creditors issue defaults just as paid off on a DMP, so they can screw you for longer.

EOX82

Thanks so much! Its great that someone else thinks it is unfair too.

I will write a letter tonight.

EOX82

I now have proof that the account defaulted on 8/12/04 and a copy of the notice. Now I need to find if its normal to be defaulted twice

happy_bunny_2

EOX82 wrote: »

I now have proof that the account defaulted on 8/12/04 and a copy of the notice. Now I need to find if its normal to be defaulted twice

What proof do you have?

Some DCAs default again to keep it on record so you contact them and pay.

But as its nearly paid, it might just be an error.

EOX82

A photocopy of the default notice. So it is legal for them to do it twice then? I'm going to complain anyways as I had been making payments for 6.5 years so they could see that I was making an effort. I have a mortgage with them plus a current account so they have had their business out if me.

Thanks for your replies

happy_bunny_2

Depends. They can send you a default notice, but if you come to an arrangement they don't have to register a default, as in theory, they are doing you a favour as you are paying. If you then break the arrangement, they can file a default with the date you break the arrangement.

If you entered a DMP, they accepted it and the payment, and the payment never reduced significantly at the time they issued the recent default, then you have grounds for complaint. They should have issued the default within 6 months of the start of the DMP.

So they can issue several default notices, as if you pay the amount stated by the date then they can't issue a default and the account is back to normal.

EOX82

I have decided to hold off on the complaint as I had written a long personal letter and just request a copy Of the 2011 default notice as a first step. I've read if they can't give me the documents they have to remove the default anyways. I'm sure I never received one so fingers crossed

happy_bunny_2

They don't have to send you a copy of the DN, just prove it was sent. A SAR would get a transaction history where it should show, but I don't think this will help.

As I mentioned before, you can have several DNs, but only one default.

The argument you should use in my opinion is the default should be within 6 months of the start of the DMP.