Wrong address and default on crdt file

phelun

Hi All ,

your advice will be highly appreciated .
a quick summary of my situation

Took loan from the-money-shop in 2013 as a student ,paid back only early days of 2015 due to life troubles..No default notice or any letter recieved throughout this period. Asked for a copy of default from the-money-shop which they sent and i immediately noticed the inconcistencies in the address as below .

Loan Amount : £281
Paid Back : 484
Year Taken : 2013
Paid back : 2015

My actual address when i took loan
XX Ashburnham ROAD,
Luton,
luXXXX

Address on the default letter "The money shop" sent to me a few days ago,
XX Ashburnham GROVE
Luton
luXXXX

A quick google search for "XX Ashburnham GROVE", takes you to Southeast london .

On my credit file "The-money-shop" put the default on my file with the correct address as provided initially when i took the loan
XX Ashburnham ROAD,
Luton,
luXXXX

In summary i see the incosistencies ,which i am suspecting is why i did not get any default notice due to thier own mistakes.. And also wondering how authentic the default letter they sent .

My target is for them to remove the default on my file as i strongly think my case has been unfairly handled.

Basically ,Please good people ,if you had the time to read through and understand my situation , i will appreciate if you share your suggestion and your tip .

Warmest Regards
Felix

[Deleted User]

I do hope none of those are your real address.

fermi

If they had sent the default notice to the correct address, would you have paid it off in full within 14/28 days as a result?

Anyway, a default notice under the consumer credit act is not that same thing as a default on your credit file, although they can occur around the same time.

phelun

Hi fermi, possibly tht could have, maybe helped me understand what is coming my way if i didnt pay back. Tht being said , i am just thinking punishing me for 6years over £281 is kinda harsh and seriousely affecting me and my family now.. Looking for everyway possible to get rid of the default .. And was thinking i hav a case with them based on the inacuracy of information (My address) ,thats why im here

fermi

This is what the ICO give as guidance to their case examiners when they get complaints on this sort of issue referred to them.

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.

Candyapple

I don't think you will get anywhere with trying to get the default removed based on a small part of your address being incorrect. Was the postcode correct? If yes and the door number, that is what Royal Mail work off when sorting mail so even if it was sent to say 26 London Grove instead of 26 London Road, it wouldn't have made a difference as the letter should still have reached you.

Also, if you defaulted in 2013 then the default they have placed on your file is an accurate representation of how you ran your finances at that time.

Although you have a default for a small amount, this is the reason why trashing your credit history is not a good idea because it does affect you for the next 6 years.

phelun

Hi Guyz i surely do appreciate the sincere response on this and this gives me a clearer picture of what to expect and do .

@fermi please kindly share the link where you got that information from , i'd like to read through .

Cheers!

glentoran99

Payday loan - Bad


defaulted payday loan - very very bad


Not sure you have a case for the default to be removed

fermi

phelun wrote: »

Hi Guyz i surely do appreciate the sincere response on this and this gives me a clearer picture of what to expect and do .

@fermi please kindly share the link where you got that information from , i'd like to read through .

Cheers!

There is a shortened version here for the pubic:

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.

The part I quoted was a slightly more in depth version released under FOI by the information commissioner.

http://forums.moneysavingexpert.com/showpost.php?p=68473912&postcount=5