Unfair Default

ajsedd

Hello, looking for a bit of help.

We had a car on a PCP agreement which was voluntarily terminated under the CCA. The lender, FCA Automotive claimed that they were owed an outstanding balance for what they called value added products and the collection of the vehicle. I believe they were incorrect and that the CCA covered this. They disagreed again so I referred it to the financial ombudsman to investigate. 

I informed the lender of this and asked what would happen re credit files and their reporting. They assured me numerous times that they would not impact the credit file until the matter was resolved with the ombudsman. I have numerous emails confirming this. I updated them that I am still waiting for a response from the ombudsman and would contact them when I had a reply. 

I have not heard from the lender since. However, they have now recorded a default which is showing on Credit Karma. Can they do this? It seems pretty unfair and underhand to me. Surely they must inform me that this was their intention and give me an opportunity to pay to prevent this? I’d have paid the outstanding amount and attempted to claim it back. 

Can they record a default in this way? 

Can they delete a default? I’m reading conflicting advice online... some say it’ll be there for 6 years, some say if it’s incorrect it can be deleted and have no effect. 

Any pointers would be appreciated. 

Thanks. 

[Deleted User]

If it's concluded that the default is incorrect, it will be removed.

[Deleted User]

The mistake you made was not paying the final bill. In hindsight, you should have paid it then complained and disputed it. The default is technically correct until the point that the company say they were wrong, or the FOS ask them to cancel the debt and remove it.