Default

[Deleted User]

Hi

A company issued a default having got my address wrong on the default letter. I found out after I requested access by email to all the correspondence they sent. They had always used the wrong address, a mix up of building and road number, however most /some other correspondence had turned up. On checking my account details, I can see that it is their issue - i.e. I inputted postcode and number into their website and it records it wrong. All other correspondence they sent to me I answered very quickly as they will know. Any thoughts on whether they should remove this default? Thanks

[Deleted User]

Unfortunately not.

[Deleted User]

On what basis? I read that my details need to be correct. How was I supposed to know that they were going to issue a default without my action. 

[Deleted User]

You get a default if you don't pay money that you owe, thus you knew you had to pay someone and didn't, thus the default is correct. If you were missing an invoice or whatever, you could have rung up or emailed asking for a copy. The fact the final letter notifying of the default went astray is neither here nor there - if your payment was on time you wouldn't have been defaulted.

Carrot007

(Removed by Forum Team)

They did issue a notice. And they do not have to it is only best practice. The T&C's would have set out when you default and that is enough. Also again 3 months is only best practice. They can issue it whenever you default.

On the other hand if you are now up to date a resonable company may remove it as good will. I suspect they are not a reasonable company.

However your details are thin. Which company. What occured on the timeline (money owed /payments missed at what points and have you brought it up to date) and most of all what do you hope to achieve. Them sending a notice and then re-defaulting you is not a win.

sonofmerton

from what i am reading, the default happened. the default notice was sent to the wrong address. op doesn't think default should apply. 

unless the company are feeling sorry because of their inability to get an address correct, legally the default should stand. ultimately, the default happened with or without a correct address. the default letter going astray does not change that fact.

it would be interesting to know what the company is - credit card, utility or even a company providing a service for the ops business ie the letter was an invoice. 

sourcrates

What kind of debt are we talking about here, because you didn`t mention it previously, a consumer credit act debt, or something else ?

If its CCA related, then what you quoted as "law" are actually only guidelines, issued by the FCA, (CONC Handbook) and as a result of that are open to interpretation.