No default notice

GingerBob_3

cooltt wrote: »

What acts?
Complain to ombudsman about what?

Having a tantrum over an admin error isn't going to change the facts, you defaulted on a debt, sorry but that's it. The default has been legally registered on your file.

Cooltt, would you object if I submit this reply to the Guinness World Book of Unhelpful Forum Posts?

DaisedAndConfusled

This is what I'm thinking of submitting to the FOS in the 'what do you want the business to do' bit (a brief background as summarised from the OP goes in the box before).

Any views or comments/does this sound reasonable?

I would ask you investigate what has occurred in this case with specific regards to the following:

-1- Best practice suggests NewDay should have defaulted my account after the third month I failed to make contracted payment.

I have not been made aware of the date the default was registered and so I would ask NewDay to write to me (or via yourself) with the full record of my account and the particulars of the default.

Additionally I would ask, if the default was not registered within three months of my last contracted payment, NewDay amend the date accordingly.

As I did default on the account, I am not asking for them to reconsider their refusal to remove the default.

-2- As the default was registered without a default notice being issued, it is my understanding NewDay were not legally able to charge any interest or fees on the outstanding amount.

I would ask NewDay to review my account and confirm if such fees were charged and, if they were, I would seek their reimbursement in full and with any applicable interest.

-3- As the default was registered without a default notice being issued, it is my understanding NewDay were not legally able to sell to my account to HOIST.

I would ask you to consider if having my account and information sold onto a third party without the due processes being followed is a breach of practice which should result in NewDay being reprimanded.

-4- I also ask you to contact HOIST, with regards their purchase of my account, to confirm if any fees or interest have been applied to my account after they purchased it.

If such charges were made I would seek for these to be reimbursed in full and with any applicable interest.

-5- Additionally, I would appreciate an apology from NewDay for the delay and the inconvenience following this up has caused. While they have admitted fault I do not feel they have expressed appropriate regret that this error occurred over such a protracted period; nor given reassurance they have taken any action to ensure that this same error cannot reoccur.

-6- Finally, I would ask you to investigate if there are any other NewDay accounts where this 'administration error' has occurred, and make any recommendations you see fit to NewDay on improving their compliance to ensure this does not happen in the future.

Thank you for considering my case.

Please let me know if I can provide any further information.

Kind Regards,

Daisy

Dobbibill

DaisedAndConfusled wrote: »

Offered £25 (balance is currently c£100) as compo and said I have 28 days to complain to the ombudsman.

Just a thought.......I believe you need to reject the offer as settlement of the complaint if you are going to take it to FOS.

I also thought, you had 6 months to take to FOS if you don't get a satisfactory outcome with the lender, rather than 28 days.

Are you sure it's not 28 days to respond to their offer?

I may be wrong, but didn't want to read 'n' run. (hopefully Sourcrates will come back and correct me if I'm wrong )

DaisedAndConfusled

Dobbibill wrote: »

Just a thought.......I believe you need to reject the offer as settlement of the complaint if you are going to take it to FOS.

I also thought, you had 6 months to take to FOS if you don't get a satisfactory outcome with the lender, rather than 28 days.

Are you sure it's not 28 days to respond to their offer?

I may be wrong, but didn't want to read 'n' run. (hopefully Sourcrates will come back and correct me if I'm wrong )

Thank you for the suggestion - It didn't occur to me I would need to reject rather than accept the offer of settlement. I will contact them tomorrow to thank them for their response and let them know I'm passing the matter to the FOS/rejecting the settlement.

Rereading the letter, it seems ambiguously worded with regards the 28 days.

It defiantly implies I need to contact the FOS within the time if I want to take it further but it's possible that's just poor sentence construction.

In all honesty, all the correspondence I've had from them has been weaselly worded - which is likely intentional given they're at fault and likely want to discourage me from taking any action.

Either way, if I'm ready to submit the case by the end of this week (which I should be) I'm within the 28 days for both.

Dobbibill

They may ask you why you are rejecting the offer and not closing the complaint, thus giving them an opportunity to resolve it to your satisfaction before going to FOS, so be prepared.

sourcrates

That's correct, It's six months you have to take your complaint to the FOS.

DaisedAndConfusled

Dobbibill wrote: »

They may ask you why you are rejecting the offer and not closing the complaint, thus giving them an opportunity to resolve it to your satisfaction before going to FOS, so be prepared.

Because their only offer is £25 compo and no further action?

Unfortunately their letter makes it clear they have no interest in a dialogue to investigate what has actually taken place (which is what I want). There isn't even a line to say get in touch if you have any questions about this letter.

The two options they have provided are (paraphrased) accept the £25 and go away, or go to the FOS.

sourcrates wrote: »

That's correct, It's six months you have to take your complaint to the FOS.

Thank you. At least that takes the pressure off a bit.