Default placed on file 10 months after issue of notice

dianovich

Hi

Around May of 2008 I was sent a notice of default letter in the post and told that if I did not take steps to pay off my overdraft a default would be placed on my credit file. I spoke with them and arranged monthly payments but in April of 2009 I received a letter from a debt collection agency telling me that the debt had been sold on.

It does not say on my credit file that I missed a payment but I obviously did - in March 2009, the date on which a default was placed on my credit file. However, I did not received a second notice of default nor was I phoned to ask about missed payment (after 9 months of keeping up payments as per our agreement).

My understanding is that a second notice of default should have been issued owing to the time elapsed (> 6 months) from the first notice of default being issued.

Also, the debt is only marked settled in November 2009 even though the bill was settled immediately with the debt collection agency (April 2009).

Do you think there is any way that I could get this default removed? If not, do you think that there is any way I could get the default back dated to May 2008?

Also, what are the implications of the debt only being marked settled 8 months after the default being placed on file?

Summary:
May 2008 - Notice of default received in post
March 2009 - Default placed on credit file
April 2009 - Letter received and debt fully settled by Moorcroft
November 2009 - Debt marked settled on credit file

If I remember rightly Moorcroft assured me not only that immediate payment would prevent future CCJs etc. but also that my default would be removed. I have no proof of this and didn't understand the consequences at the time.

Thanks

happy_bunny_2

The default date sounds correct to me.

They gave you a default notice, you arranged to pay so they didn't log the default, then as you missed a payment, they filed a default. This is per the ICO guidelines I think.

You do have a case to get the settled date moved, but not sure if that will actually be of any benefit.

The only thing you may have is that arrangements are supposed to be for a maximum of 6 months. Banks get around this by renewing every 6 months.

You lose nothing by complaining to the bank, they can only say no and then you can refer to FOS if you don't like their reasons. Can take 6 months plus though.

DCAs can mislead you, so unless you have the default removal statement in writing, you are stuffed.

HB