Removing a Default...

natjc172

hi all.. I'm new ish.. had a account many years back and come on occasionaly when i needed any advice or info... can't seem to find log in details or which email i used so set up this new acc.

my dilemma

basically i took a £500 cash loan out with a known door collection company.. was to fix my car ahead of a trip and was a very last resort..i was also moving away for 3 months so didn't pay.. bad i know.. wasn't intentionally just had a lot going on and thought id deal with it when i return.. came back to few letters.. granted my timing of going away was off but i did plan to pay it all before i left.. fast track to now..

i checked my file 4 weeks ago and it shows a default for said debt.. i rang the company and asked to pay it in full and asked why i had the default when none of the letters i received stated a default notice was taking place...

the lady stated that they didn't issue notice and was told i sold the house... not true i just went away on a placement.. so i got the default in error as they didn't issue notice at all !

i am trying to pay this debt in full but now i would like the default removing as they already stated i didn't receive notice...

any advice on how to proceed ? i have the full payment here but not willing to pay just yet until i can resolve this default. this is the only default on my file

any help please? thanks and merry christmas

fermi

https://forums.moneysavingexpert.com/discussion/3172602

CRA Default on a credit file Vs default under the CCA

I was not sent any default notices, should the default on my credit reference file be removed?

In most cases, the answer will be ‘no’, provided that adequate fair processing information was provided when the account was originally opened.

It may help to explain that a “default” on an individual’s credit file does not mean that an individual has been defaulted under the Consumer Credit Act; essentially, the same word is being used to describe two slightly different things (which can obviously lead to some confusion). Instead, a “default” on a credit file simply means the lender considers the relationship between itself and the individual to have broken down.

Therefore, whilst it may be a requirement of the Consumer Credit Act to issue default notices, 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. Although we advise that it is good practice to issue a notice, lenders will often have provided individuals with fair processing information about defaults and notices in the terms and conditions when the account was opened. Provided this was the case, then it is likely to satisfy the “fairness” aspects of the first principle.

natjc172

So basically nothing I can do to get it removed?

sourcrates

natjc172 wrote: »

So basically nothing I can do to get it removed?

You could try negotiating settlement of the account on condition they remove said default, they are not obliged to, but if ya don't ask..............ya don't get !!