Unfair Default

winnie105

Sorry for long post but need to get all the facts for the right help after just reading my credit file.

In Feb 2012 Id lost my job and contacted Debt Management people to get help with my finances.

One of my debts was a Halifax Overdraft, I contacted them to arrange a monthly agreement and was agreed they then wrote to me (I still have the letter) in Feb 2012 saying this was going to their Consumer Debt Recovery and a default is being registered against me the debt then was £2799.92, my overdraft was taken away and it was from the collections department.

I continued to ring every 6 months and agree a new agreement until September 2014 and they wanted to up the agreement from £50 a month to £75 a month - I explained I couldn't do this as I was waiting for an answer to PIP as I work part time due to disability, they said if I didn't up my payment it would be defaulted and go to collections?? I was confused about this and said I couldn't, no matter what they said I couldn't give more than £50 a month as I had been for 2 yrs.

In summer 2015 my current account was taken off me and passed to the collections department a default was registered on my credit file for £1600- I am still paying £50 a month.

They have put in a worse position by registering my default 3 years afters I received a letter telling me what they were doing.

Are they right to just register the default - do I have any argument to get it removed? Or should I just put up with it even though its unfair?

Any advice to move forward would be appreciated. I am up to date with all other bills, mortgage and credit agreements - I have no more financial problems but the default is damaging my future as I cant get credit for a new car to help with my mobility.

National_Debtline

Hi Winnie,


From what you have described it is unlikely you will get the default completely removed, but you could make a formal complaint about the date the default is registered and request it to be back dated to 2012. Send your complaint and a copy of the letter stating that they would default the account in Feb 2012. If they refuse to change the default date you can escalate this to the FOS and the Information Commissioner.


This guidance may also help you - https://ico.org.uk/for-organisations/finance/


Laura
@natdebtline