Robinson Way forged default notice!!!

doomc23

Hi, i would be greatful for some advice or where to go next with the actions i have taken and if anyone of course thinks i have grounds. I recently received checked my credit score at the start of the year to see how my rating looked. To my surprise there was a default notice from a "hoist portfolio limited 2" a sister company of robinson way when i researched it. When i called the company it was due to a supposed default on my account. When i check with Equifax it shows the default from February 2012 and an amount outstanding of £688.
i never even knew this existed so i started to pursue getting it removed. I have attached all my correspondence with the company which i have recorded. I have also chased them through phone calls (i have recorded all conversations)
Today they finally emailed me the "original default letter" from santander. (i had tried to get them to post this for months to no avail) My belief is that this letter has been created in house by Robinson way as it is not on letterhead, it has no signature at the bottom, it has the wrong date and amount of the default on my credit file. I want to now take this to court and i want to see what everyone else thoughts on this is?

Many Thanks.

ive just noticed there is no way to attach files. does anyone know if this can be done?

[Deleted User]

The lack of letterhead or signature is not surprising. Letters aren't photocopied and put in cupboards, they're pulled directly off the system. Can't help with the amount and date.

If you believe it is incorrect, challenge them re proof of debt (ie ask to see the agreement). Court is likely to an incredibly expensive waste of time.

fermi

So you did not have a debt to Santander, and did not default on one in 2012?

There is no legal requirement to supply a copy of a DN to support recording a default with the CRAs. It just has to be an accurate reflection of the account conduct.

doomc23

as they are the credit holders now then they have to have the following documents which yet they are unable to produce.

A true and certified copy of the original Default Notice under the Consumer Protection from Unfair Trading Regulations (CPUTR) 2008, The Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983, The Consumer Credit (Enforcement, Default and Termination Notices) Amendment Regulations 2006, and also The Consumer Credit Act 1974 (c.39) – s87 & s.88 Guidance and The Consumer Credit Act 2006 (Amendments)

I feel that these default entries were added unlawfully and without merit. Doing so has put you liable to a breach of the Consumers Credit Act 1974, in particular s.87(1) of said Act; Section 87(1) of the 1974 Ii enclose a £1 postal order in payment of the statutory fee)Act allows the creditor to send you a default notice giving you fourteen days from the date you receive it to pay the arrears. The default notice must contain all of the necessary information under the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 ('the 1983 Regulations') which includes;

1.a statement saying the notice is a default notice served under section 87(1) of the CCA1974
2.a description of the agreement
3.the name and address of both the debtor and the creditor
4.details of the breach (i.e. late payment) and, if the breach can be remedied, the date by which it must be remedied or, if the breach is not capable of remedy, the amount required to be paid after the expiry of the specified date;


in 4 months they have yet to provide this. Just a tacky sheet of paper through email with the wrong dates and no santander letterhead or signature (the original default notice would have had to of had this surely? where is the legitimacy if not?)

doomc23

fermi wrote: »

So you did not have a debt to Santander, and did not default on one in 2012?

There is no legal requirement to supply a copy of a DN to support recording a default with the CRAs. It just has to be an accurate reflection of the account conduct.

I think you will find that they do as they are now the supposed holder of the debt

fermi

No, they don't. That info you have lifted from somewhere is nonsense, in that the creditor or DCA does not have to provide that to you to justify recording a default on your credit files.

Have seen the same letter/quotes/tactic many many times, and it is and remains and load of nonsense.

fermi

Information Commissioner's guidance to case examiners on recording defaults.

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.


CRA Defaults - Guidance for filing defaults

Updated guidance for filing defaults with credit reference agencies was published on 1 January 2014.

The official site can be accessed at http://www.scoronline.co.uk/key_documents/ and the relevant document is entitled Principles for the Reporting of Arrears, Arrangements and Defaults at Credit Reference Agencies.

This is not the ICO’s guidance but a new document drawn up by the credit industry in consultation with the ICO which is now intended to be the main source of information for the public on this topic.

This may create some impact on calls to the Helpline or complaints received where an individual is concerned that a default has been registered incorrectly on their credit reference file.

Although the new guidance does not cover this in any depth, it is important to make individuals aware that there is a difference between a ‘default notice’ and a ‘default’ registered on a credit reference file.

A ‘default notice’ is a communication a lender should usually send to a borrower before defaulting a credit agreement regulated by the Consumer Credit Act (CCA). There is not necessarily any DPA obligation on a lender to issue a default notice to individuals.

Although we advise that it is good practice to issue a notice, lenders often provide individuals with fair processing information about defaults and notices in the terms and conditions when the account is opened. If this is the case then this is likely to satisfy the “fair” aspect of the First Principle.

The term ‘default’ on credit reference files is used to refer to the situation when the relationship between lender and borrower has broken down, and this scenario is explored in more detail in the updated guidance on defaults.

So essentially, the absence of a formal ‘default notice’ would not prevent a default from being registered on an individual’s credit reference file. If there are outstanding payments or arrears in respect of a loan or other account then an organisation would be within its rights to record this at the credit reference agencies. Providing the information recorded is an accurate reflection of events then the Fourth Principle would not be contravened. Legislation DPA

doomc23

i appreciate your willingless to help but i think i am going to persevere with court action on the grounds that they have been unable to provide me with any concrete evidence that this default ever existed. Surely wrong dates and no signature is solid enough evidence? No agreement, no anything really.

Maybe i might just issue a default against my neighbor without any evidence to back this up?

if someone who wants to help with advice instead of building walls i would really appreciate it.

Thanks

[Deleted User]

I offered advice in post 2 but that seems to have been completely ignored.

Perhaps there was a wall in the way.

doomc23

Deleted_User wrote: »

I offered advice in post 2 but that seems to have been completely ignored.

Perhaps there was a wall in the way.

apologies, i appreciate your advice.

How do i challenge this as i have asked for the information to be posted 7/8 times to no avail.

meer53

Did you default on an agreement with Santander prior to the default being applied ?