Wrong default date or should it not be a default?

JuJuMonkey

Hi, I have an account with Very, which I stopped paying proper payments for in summer/autumn 2014.

I then went with StepChange on a Debt Management Plan and have paid through them ever since December 2014.

When I first set all this up, Very assured me that as long as I stick to the arrangement, I will never get a default.

I noticed today that my credit score has dropped by 500 points so I've logged in to see that they have given me a default in August (2 months ago)!!

I've done some research, can anyone tell me if my findings will enable the default to either be removed or re-dated to 4 years ago?:

• I have not received a default notice through the post. According to the ICO, If the debt was regulated by the Consumer Credit Act, you must get a default notice warning you before this can happen.
• I was told by Very that as long as I continue to make my payments though StepChange, it would remain as a payment plan and will never default. They have clearly gone back on this.
• I have been in this situation since December 2014 (which is nearly 4 years ago) , so why now have they decided to give me a default now when nothing has changed. According to the ICO, If an arrangement is agreed, a default would not normally be registered unless the terms of that arrangement are broken. AND A default should not be filed: If jointly with the lender an agreement is reached for an arrangement and you keep to the terms of that arrangement

Basically, they didn't serve me a default notice; if they were going to default my account, they didn't do it when they should have done (ie 4 years ago); and they said they would never do it in the first place....

Please can someone help?xx

[Deleted User]

Ask them to backdate the default.

And ignore your credit score

sourcrates

Hi,


If you were taking this matter to court, all the non compliance with correct procedure would add weight to your case, but outside of a court room, not so much.


Failure to send a default notice can be rectified by sending another one to you. Very should not of told you your account would never default, they simply cannot make such promises, once you start paying less than the contracted payment, you are in technical breech of that agreement, and a default is likely.


I do however agree the default date should be backdated, and the technical breeches of procedure should add some weight to your case, you should follow the correct complaints procedure with Very, and the ICO if it becomes necessary.