How can I check a default notice has been served correctly?

Getoffmycloud

Hi, I wonder if anyone can tell me whether it is possible to check whether a default notice has been served correctly? I have worked really hard getting rid of my debts over the last year as I would like to move house and get another mortgage, but I managed to get a default on my credit file from a Natwest credit card (which is now paid in full). I would like to get it removed if possible as don't want to wait another six years before moving. Many thanks, any help gratefully received.

fermi

If you mean a default notice under s87 of the consumer credit act 1974, then.

https://ico.org.uk/for-the-public/credit/

The bank didn’t send me a default notice under the Consumer Credit Act 2006; can they still list a default on my credit file?

In most cases, the answer is likely to be yes, provided that the default recorded is an accurate reflection of events and that when you opened the account you were told (probably in the terms and conditions of the credit agreement) that this may happen. It is unlikely that recording the default, even if you don’t recall receiving a default notice, would breach the DPA.

A ’default‘ on your credit file simply means that the lender considers that the relationship between you has broken down. Therefore, while it may be a requirement of the Consumer Credit Act to issue a default notice, there is no DPA obligation on a lender to issue a default notice to individuals before marking an account as being in default on their credit file.

Further information on filing defaults with the CRAs can be found in the Principles for the reporting of arrears, arrangements and defaults at credit reference agencies. The principles in this document have been drawn up by the credit industry in collaboration with the ICO.

Outside CCA requirements, all that would be required under guidance in link in above is a letter etc giving you 28 days warning, but there are exceptions even to that.

Getoffmycloud

They only gave me 17 days to pay in full, so does that mean they didn't give me enough notice?

fermi

A default notice under s87 of the Consumer Credit Act only has to give 14, allowing a few extra for posting etc, so I would imagine that would be what they wrote on that part. They do not have an option on that as the time period for that is set down in law and they can't write something different.

A default on a credit file is a separate thing.

So ICO requirements on that stand separately, and if it happened before 2014 only strongly recommend 28 days warning is given.

PaulW922

It is going to be very hard to get rid of that default. However it will not bar you from a mortgage indefinitely. When it is a year old you may be eligible for something. Try an advisor or broker for help..