default dates after arrangement to pay failed

2babyboys

hello all,
I got myself into a real mess during a family members cancer diagnosis and struggled with anxiety really giving up on life!  This resulted in me defaulting on a number of debts that I ended up reaching out to Stepchange to help me get back into shape.  I had a number of arrangements to pay put in place but by this time most of the debts had issued defaults, this was 3 years back.  I am now firmly back on my feet and have a much brighter future.  I have cleared the majority of my debt.  However, Shop Direct did not default me 3 years ago and continued to accept my arrangement to pay.  However due to issues during the beginning of this year they have now formally defaulted me whilst I was awaiting a CCA (my mistake I thought the account would be put on hold until it was sent).  My fault completely as I did not understand the situation.  However, my question is...is it worth asking Shop Direct to backdate the default to 2018 when I missed many payments, and then made the arrangement?  This would mean the default drops off with the others in 2024 like all my others.  I read that the ICO believe that someone who has made the arrangement to pay should never be in a worse situation than someone who did not make any payment at all, and this puts me in a worse situation as the default will be on my record for another 5 years, whilst all the offers expire in 3 years.  I'm trying hard to save money now and am really looking forward to helping my son buy his first property, but this really flaws that idea.
Can anyone help please, a template would be amazing is there is one?
Many thanks

[Deleted User]

You can certainly ask, but you don't need a template (templates nearly always get worse outcomes).

Just ask them to backdate the default to within 6 months of you missing payments.

[Deleted User]

The normal guidance is to default after 3-6 missed contractual payments (normally 3-6 months)

You can certainly ask them to default it, but given you sent them a CCA (generally seen as you trying to get out of paying your debts), they may already be on the defensive with you so may be less willing to help

2babyboys

Thanks, I have drafted a letter, all I need is a stamp now!  Fingers crossed.

sparklep0ny

2babyboys said:

hello all,
I got myself into a real mess during a family members cancer diagnosis and struggled with anxiety really giving up on life!  This resulted in me defaulting on a number of debts that I ended up reaching out to Stepchange to help me get back into shape.  I had a number of arrangements to pay put in place but by this time most of the debts had issued defaults, this was 3 years back.  I am now firmly back on my feet and have a much brighter future.  I have cleared the majority of my debt.  However, Shop Direct did not default me 3 years ago and continued to accept my arrangement to pay.  However due to issues during the beginning of this year they have now formally defaulted me whilst I was awaiting a CCA (my mistake I thought the account would be put on hold until it was sent).  My fault completely as I did not understand the situation.  However, my question is...is it worth asking Shop Direct to backdate the default to 2018 when I missed many payments, and then made the arrangement?  This would mean the default drops off with the others in 2024 like all my others.  I read that the ICO believe that someone who has made the arrangement to pay should never be in a worse situation than someone who did not make any payment at all, and this puts me in a worse situation as the default will be on my record for another 5 years, whilst all the offers expire in 3 years.  I'm trying hard to save money now and am really looking forward to helping my son buy his first property, but this really flaws that idea.
Can anyone help please, a template would be amazing is there is one?
Many thanks

Ultimately this default has been recorded entirely within the ICO guidance, and although it is only guidance (so can be ignored) if they are following it, the default should not be backdated.

The only exception would be if there were more than 6 months worth of arrears at the point you made the arrangement. Under those circumstances, they can't have it both ways. Either they're following the guidance (and should have defaulted you in 2018) or they're not and they can just do as they wish.

2babyboys

I'll need to check ho0w many months of arrears there was when I set up with Stepchange, but I've posted a letter and will update you all.  thanks