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A default

Hi,

Just looking for a bit of advice really. On the 4/11/2011 my partner and I opened a Credit Sale Fixed term on some professional photos which was to the value of £350 at £29 x 12. Now 0 payments ever came out of my account, and I received a phone call followed by a letter to say that I hadn't made payments for months, I hadn't received a letter to advise me of that until someone had phoned me, to which I made a lump sum payment of £150 and continued the agreement until it was completed.

The reason why no payments were coming out of my account was because they had incorrect direct debit details setup for me. Do I have a case to get this default removed, as as soon as I was made aware of it I paid immediately. The company is called Certegy. I've used a template to ask them to send me a signed original copy of the default. Im 26 and want to buy a house soon so I presume I wont be able to buy for a while despite the fact that the default is now showing as satisfied and has been for almost 2 years.

Comments

  • You first need to check the agreement to make sure you allowed them to report to CRAs.

    You should have noticed no payments going out mind :)

    They should have issued you a default notice if regulated by the CCA.

    You can send them a written complaint, then refer to FOS after 8 weeks or if rejected.

    You might need to send them a subject access request to get a copy of your agreement if you don't have one.

    They don't need to send you a copy of a default notice, they just need proof it was sent, which an SAR will show or not.
    :beer:
  • matttye
    matttye Posts: 4,828 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker Debt-free and Proud!
    It's definitely worth having a go.

    How long did it take you to realise payments weren't leaving your account? Arguably you should have contacted them as soon as the first payment failed to go out.

    And did you give them incorrect direct debit details, or did you give them correct details and they just input the wrong details? (i.e. I'm asking if it was your mistake or theirs)
    What will your verse be?

    R.I.P Robin Williams.
  • YorkshireBoy
    YorkshireBoy Posts: 31,541 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    matttye wrote: »
    How long did it take you to realise payments weren't leaving your account?
    £150 would seem to indicate 5 months (at £29 per month)!...and even then it took a prompt from the lender, rather than the OP "realising".
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