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  • funkycredit
    funkycredit Posts: 536 Forumite
    500 Posts First Anniversary Name Dropper
    edited 30 June 2020 at 12:52AM
    Confusedguy, I agree they should have applied a default within the original 6 months that you missed payments. 

    You should complain to the ICO but maybe also formally complain  to the lender and if they refuse and issue a final response then you can utilise the FOS. 
  • Thanks for the information Funkycredit.

    Below are the specific dates that provide a timeline to the whole issue.

    Hopefully the vast amount (sorry there is a lot) of information below will assit:-

    Credit Limit on Card £12,000.00 throughout up until closure of the account.

    25 March 2013 Credit Card Statement
    Balance Outstanding £12,114.31
    Min Payment £848.02 
    Payment Made £403.29 - (27 March 2013)

    25 April 2013 Credit Card Statement
    Balance Outstanding £12,058.96
    Min Payment £913.25
    Payment Made £0

    28 May 2013 Credit Card Statement
    Balance Outstanding £12,436.92
    Min Payment £1,415.57
    Payment Made £0

    25 June 2013 Credit Card Statement
    Balance Outstanding £12,770.65
    Min Payment £1877.01
    Payment Made £0
    Printed note on credit card statement advising:-
    You must pay the amount of £1,415.57 to stop a default being registered on your credit file.

    25 July 2013 Credit Card Statement
    Balance Outstanding £13,136.03
    Min Payment £2,373.75
    Payment Made £0
    Printed note on credit card statement advising:-
    Your account is seriously in arrears. Unless you clear your arrears we will have no choice but to close your account.

    25 August 2013 Credit Card Statement
    Balance Outstanding £13,136.03
    Min Payment £2,505.11
    Payment Made £0
    Printed note on credit card statement advising:-
    Your account is seriously in arrears. If we do not receive payment we will prepare your account to be sent to a Debt Collecting Agency who will demand payment of the full balance.

    25 September 2013 Credit Card Statement
    Balance Outstanding £13,136.03
    Min Payment £2,636.47
    Payment Made £2,636.47 - (16 October 2013) - (6 months & 19 days since last payment)
    Printed note on credit card statement advising:-
    We are about to close your account due to it being in serious arrears. we will now refer you account to a Debt Collection Agency.

    27 October 2013 Credit Card Statement
    Balance Outstanding £13,136.03
    Min Payment £457.11
    Payment Made £0 (credits of £148.53 received from rounds due from purchases)

    25 November 2013 Credit Card Statement
    Balance Outstanding £11,138.14
    Min Payment £860.44
    Payment Made £460.00 - (29 November 2013)

    25 December 2013 Credit Card Statement
    Balance Outstanding £11,557.33
    Min Payment £824.46
    Payment Made £825.00 - (24 Jan 2014)

    Historical Information 
    The account had been on or around its maximum since September 2012 and had regularly had missed payments from September 2012 up to the period detailed above.
    A default notice letter was issued in July 2013.

    In the recent correspondence with the Credit Card company they make reference to this Default Notice letter; they state 'a default notice is a letter to inform that we mayapple a default to your account, if it meets with our criteria. As your account did not meet our criteria, a default notice was not applied to your credit file. 
    They further state; I can confirm that your account met our criteria to apply a notice of default on your credit file on 31 May 2016, due to the arrears on your account. I see no payment was received between 22 December 2015 and 21 April 2016 and your account was terminated on 1 February 2016. (yes these dates quoted here are 100% correct from the letter received?)

    Question - Late Payments
    Payment Period - 2013
    27 March 2013 to 16 October 2016
    6 Months and 19 days or 203 days

    Payment Period  - 2015/2016
    22 December 2015 to 21 April 2016
    3 Months and 30 days or 121 days

    Can anyone shed any light as to how the two periods can fall into different criteria??

    I fully accept that I mis-managed the account from approximately September 2013, but I received no assistance form the credit card company to manage the debt and lend responsibly. 

    I welcome any guidance or comments on the above as i do not believe the matter has been handled correctly.

    Many thanks
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