Default notice - is there a time limit for the default to be applied?

char2802

Hi,

I received a default notice on 12th August, 2013 from Sainsburys bank. This came following me setting up a DMP with stepchange.

I had no way to settle the arrears, but the default was not applied after the 14 days, it has however now been applied to my file on the 27th August, 2014!

I just wondered if there was a time limit after the default notice has been sent to then apply the default to your file.

I do understand that it will now stay on my file for 6 years, I wouldn't mind too much as I have others anyway but the last of these was in Dec 2013, so I'm now set back another 8 months.

Thanks in advance everyone

Tixy

You need to write to them to complain about the late dating of the default on your file and that it should be backdated to within say a month of the default notice dated 12 August 2013.

Is the entry on your file still on the name of sains? not a debt collector?

char2802

Tixy wrote: »

You need to write to them to complain about the late dating of the default on your file and that it should be backdated to within say a month of the default notice dated 12 August 2013.

Is the entry on your file still on the name of sains? not a debt collector?

Yes it is still with Sainsburys, they called me last week to advise my account has now moved to a different department within Sains and they will now look into other avenues of recovering the overdue amounts. Its not gone to debt collectors yet, at that point I'll be going for a partial settlement (fingers crossed).

Thanks for your advice and I will be writing to them.

Tixy

It should be fairly straight forward to get them to correct it as you have the default notice. However if they don't then posters here should be able to help with wording for a complaint.

char2802

Thanks a lot Tixy, I'll pop back on with the outcome when I have one

Chrisblue1962

In a similiar vein, Barclaycard issued a Default Notice to me in 2011 but then refused to register the Default with any CRAs but chose to sell debt on to Cabot Finance , who now mark my credit record as "Arrangement to Pay", which means it will stay on my credit file until I pay it off rather than 6 years

YorkshireBoy

Chrisblue1962 wrote: »

In a similiar vein, Barclaycard issued a Default Notice to me in 2011 but then refused to register the Default with any CRAs but chose to sell debt on to Cabot Finance , who now mark my credit record as "Arrangement to Pay", which means it will stay on my credit file until I pay it off rather than 6 years

I've never defaulted on anything, so I'm no 'expert', but my understanding is the arrangement marker will still be there for 6 years AFTER you've settled the debt?

char2802

Hiya thought I would update you. I have complained to them (I put it off for quite a while as I knew it would be an ordeal to get this done on the phone or in writing).

Spoke to them 23rd dec and after a while on the phone was told my complaint was being escalated to management and they would get back to me very soon.

No response or letter as yet - and in their complaints procedure they state they will write to you within 5 days!

Emailed them stating that and also emailed their CEO - see what happens.

dumpyboy

I had the same with sainsbury in 2008 ,2009 took nearly 2 years of reduced payments on a dmp to add default went to fos got all interest and charges back from sept 2008 default dated then as well but as a footnote they keep re added it now after the 6 years and have to complain to get it removed each month

char2802

Just wanted to post an update for anyone that was interested or posting.

I got an email back immediately from the CEO's PA, and a call next day from the 'Executive complaints office'.

It did take her a couple of weeks to look into everything in detail but the result is that I got the default backdated (all I really wanted), plus £150 credit back to my account for fees and additional interest, plus £75 in the form of a cheque - lovely.

Good outcome in the end but it did take a lot of hard work on my part.

Thanks for the original advice telling me to complain - this is what needed to happen in the end and what got me my result.

fermi

Thanks for updating us with that success.