Question on Defaults

De4noVincent

Hi All

I'm after some information that I just can't seem to get the answer to, even after contacting ICO.

With a default being placed between 3-6 months, what date does that timeframe start?

I have a default for £28 (yes, i know, this is due to the account being closed but apparently it wasn't). The last payment date was 28/02/13, default date is 11/09/13.

Now to me, but this may be because I want/need to be, this is after the 6 months they should have placed the default? I would have thought that this should be placed by 28/08/13, as the first payment missed (say 28/03/13) would count as one month?

Would this be correct?

Thanks for your help in advance.

Dean

sourcrates

Hi,

There is no set time frame for a creditor to default you.

What you have quoted from the ICO, are just guidelines, they are not set in stone.

Normally a default will be registered after 3-6 missed payments, but some creditors follow there own policy, and default at their discretion.

This can be annoying if your trying to clean up your credit file, all i can suggest is if you believe the default date to be incorrect, write and complain to the lender, ask them to backdate the entry, and list it as per the ICO guidelines.

De4noVincent

Hi Sourcrates

Thanks for replying. I must have gotten confused as I thought defaults should be placed from 3-6 months unless in certain circumstances.

I'm actually trying to get the default removed, so I'm in touch with Lowell at the moment but just trying to find out my options and where I stand.

Thanks for your help.

Dean

sourcrates

De4noVincent wrote: »

Hi Sourcrates

Thanks for replying. I must have gotten confused as I thought defaults should be placed from 3-6 months unless in certain circumstances.

I'm actually trying to get the default removed, so I'm in touch with Lowell at the moment but just trying to find out my options and where I stand.

Thanks for your help.

Dean

If your in the process of negotiating a full and final settlement offer with Lowell, you could include removal of the default as part of that offer.

Of course Lowell have no obligation to remove said default, but it is within there power to do so.

People have had success in this area before.

Depends mainly on your negotiating skills !!

Westminster

There are only 2 weeks between the 6 month closure anniversary and the date they actually applied it.

I wouldn't lose any sleep over that.

Its 3 years ago now and decreases in importance as time passes - paying the £28 defaulted sum may help a tiny bit.

De4noVincent

I actually have 4 accounts with lowell, this £28 one and one that was £600/£700 has actually been paid off.

I could possibly try negotiate paying the other two off in full for removal of the £28 already paid off?

With regards to the two weeks, I understand that however it's on my report until 2019, whereas the other three accounts come off next year!

Thanks
Dean

De4noVincent

Ok so, I've contacted three and found out the following:

The balance on my account was written off as part of the debt sale process.

The debt was sold to Lowell Portfolio on 6th May 2015

Lowell Portfolio are the ones who listed the default (Three customer service rep confirmed this)

Do I stand anywhere in regards to this?

Thanks
Dean

sourcrates

De4noVincent wrote: »

Ok so, I've contacted three and found out the following:

The balance on my account was written off as part of the debt sale process.

The debt was sold to Lowell Portfolio on 6th May 2015

Lowell Portfolio are the ones who listed the default (Three customer service rep confirmed this)

Do I stand anywhere in regards to this?

Thanks
Dean

Did Lowell send you a default notice ?

De4noVincent

To be honest I'm not completely sure, but I'd imagine it wouldn't have been before they bought the debt?

That's what is confusing me now, the default date is 11/09/13, debt was bought 06/05/15, but it wasn't three who defaulted me?

sourcrates

De4noVincent wrote: »

To be honest I'm not completely sure, but I'd imagine it wouldn't have been before they bought the debt?

That's what is confusing me now, the default date is 11/09/13, debt was bought 06/05/15, but it wasn't three who defaulted me?

There are two types of default, it can be confusing.

The first is the default notice sent for non payment.

The second is the default placed on your credit file.

A default notice is sent when you are behind with your payments, giving you time to bring the account up to date, if you fail to do so, a default can then be registered on your credit file.

The dates you provide do seem to contradict one another though, i suspect it was "3" that defaulted you first, they would have to of, in order to sell on the debt, call handlers are not normally experts, they rely on what the computer tells them.
Depends how far into this you want to get really.

De4noVincent

Hiya

Yeah that makes perfect sense.

With the call handler I actually went to their online live chat to get this information which I've got the transcript emailed to myself just for reference. I did ask a couple of times whether or not they placed the default, and every time the representative confirmed that Three did not place the default, it was Lowell who must have placed it.

I want to go into it as much as needed to be honest to have it removed. As mentioned I don't mind the other 3 defaults, they're off next year as the 6 years from default date is up however it's just this one which will be on until September 2019, that's the daunting one.