Default Notice not received

MRGANNET

I have a default notice on my credit file which I was previously unaware of. I have issued a complaint to the creditor who advised that the default notice was issued by email in January 2013 - they state they are unable to provide a copy as the default email was sent as a batch email to all relevant customers.

I have checked my emails and have no record of receiving the notice.

Do I have any grounds for complaint on this or do I just have to accept their word and deal with it?

fermi

What sort of account was this?

Generally though, not receiving notification of a default is not considered good reason to have the default removed if you had otherwise been made aware that non payment/arrears etc may result in a default.

MRGANNET

The account was with Cashplus (credit card) - it is my own fault, I accept that though had I been aware a default was to be applied I would have made every effort to sort it. The account was settled in full shortly after the default was applied however this was too late.

fermi

You can complain and see how far you get. You never know.

However, you may come up against this sort of thing from ICO guidance on issuing defaults,

http://forums.moneysavingexpert.com/showthread.php?t=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.

GingerBob_3

You are wasting your time complaining to the ICO. Their so-called guidelines and data protection principles are not worth the paper they're written on. They give anyone handling personal data pretty much a free rein to do what they want.

fermi

I was thinking of the FOS at first to be honest. They are often as bad, can can look at fairness outside regulation sometimes, and don't always tow the ICO party line when it comes to that.

Won't do any harm, anyway.