advice re: removing a default

natjc172

i would like some advice with how to proceed with a default i have on my file.

i took a provident loan out ( yes i know mental! ) for £500 to get my car fixed for work.

i missed the payment lady with work and her days when she was local. fast forward a few weeks and totally slipped my mind to chase up. baring in mind it is the only debt on my file. no excuse i know. just didnt get round to it and them weeks pass.

3 months passed and i seen the debt on my credit file as defaulted. i rang the company up as i had no letters not even "sorry i missed you " type of notes from the payment lady.

the lady on the phone said they didnt send any default notice as they was under the impression i had moved house ....

baring in mind its my home and i have a mortgage! i stated i did work and hadn't just moved out just because i wasn't at home all day when the lady was abv collecting.

so now the default has been passed to vanquis who are chasing the debt. i again spoke to them the DCA who investigated it being on my file and explained they told me on the phone they didnt send it. 4 months later and vanquis tell me that they did on such a date..
i never received this letter and provident also stated they didnt send it when i was on the phone to them 4 months earlier.

i would like to know how to proceed. i have stated to both the OC and the DCA that I'm willing pay in full but only when the default is correct due to me not getting any info regarding it.

is there anything i can do to request the phone call i had with the OC where she states they didnt send me a default notice or warning. ?! or any other way to proceed.


thanks in advance

sourcrates

Hi,

First off, vanquis are not a DCA, they are a credit card company and a subsidiary of the provident group, so you are essentially still dealing with the original creditor.

They should have sent a notice of intention to file a default before placing the default on your credit file. This is distinct from a DN under the consumer credit act and is a requirement of the ICO guidelines and the banking code.

You could argue that since this was not received they should not have recorded the default.

These are the appropriate sections of the code of practice

32 Lenders should tell their customers about filing information with a credit reference agency as part of the account opening procedure, in line with the requirements of the ‘fair processing code’4. This explanation will not normally refer explicitly to defaults and will often be distant from the events which cause them. Therefore we strongly recommend that a notice of the intention to file a default should be served. Many lenders now subscribe to trade association codes of practice which require this. This practice helps the transparency of the credit reference process and may even prompt payment, so avoiding the need to file a default at all.

33 Notices to comply with Sections 13.7 of the Banking Code5 and 7.5 of the Lending Code6 should provide adequate warning. A notice of intention to file a default can be sent with a formal default notice serunder Section 87 of the Consumer Credit Act 1974. Where lenders arnot required to issue these notices, they can send an intention to filedefault through a final demand, letter or relevant account statement, which should make clear not only the intention to file but also the date of the intended default. The date should allow the customer enough time to respond properly. Lenders who have to provide a notice of intention to file a default under a relevant code of practice should be aware that not complying with the code may be taken into account in any assessment of the fairness of their processing.

natjc172

thanks. do i have a legal right to access the telephone call or gain a copy of the transcript as the oc stated on the phone they didnt send anything. isn't that my evidence as they now argue different.

National_Debtline

natjc172 wrote: »

thanks. do i have a legal right to access the telephone call or gain a copy of the transcript as the oc stated on the phone they didnt send anything. isn't that my evidence as they now argue different.

Hi

You do have a legal right to access any telephone calls which were recorded and any information an organisation holds about you. You can make a request under the Data Protection Act called a subject access request. There is a sample letter here to make the request and the creditor can charge you £10 to complete it.

www.nationaldebtline.org/EW/sampleletters/Pages/Personal-information-under-the-Data-Protection-Act-%28sole-name%29.aspx

James
@natdebtline

natjc172

thanks. i today rang provident as i rang back requesting this information in feb this year and got no response. the lady today was helpful and asked if i would like to make a complaint and start an investigation as to why no one dealt with me back in feb. i stated this wasn't necessary but it should be noted for when the final decision is made..

the lady stated that she will retrieve the original telephone call from the archive ( will take unto 5 days.. and is a matter of urgency).. hmm.. and if the lady stated on the call that no default notice was sent out then on their error they will remove it from my file... I'm confident this is the case as i recall her stating that in the original call.. if they listen to the call and attempt to back track is the copy of the call/transcript enough for me to get it removed as it is proof they placed it on unlawfully?!

also if it can be removed how long will it take? i have stated to them today again that i have the full payment here to be made should it be removed.