Default status

emmaphill

Hoping someone can help with advice on what to do. After an illness in 2017 I fell behind with some debts which got defaulted but nearly paid them off and the last default is due to fall off this April. 

Last June out of the blue a default appeared on my credit file from a company called Lantern dated March 2023 for £166. I immediately contacted the company asking for details and they claimed it was for a JD Williams credit account. I have no recollection of this or the items they say were purchased. 

I SAR both lantern and JD Williams who have supplied limited details and refuse to give a credit agreement or default notice (even reconstructed). In my emails I’ve found an email from Simply be (jd Williams) dated 2 days after the date they claimed the credit account was opened  stating ‘that as a result of a review of my credit application my credit facility has been removed’ - this was not provided on either SAR packs. 

My question therefore is can they default an account that was removed as surely it is no longer covered by the consumer act? How do I go about insisting its removal? 

sourcrates

If they can`t provide evidence of your liability then the debt is unenforceable, so that`s good in that respect.

I was assuming you had no knowledge of this account, but then could it be possible you used the account until it was revoked, and didn`t make any payments to the debt?

Does that sound possible?

The problem is, if the account defaulted correctly, you won`t have grounds to get this removed, but if the debt wasn`t yours in the first place, you may have.

You should first exhaust JD William's complaints process, and then escalate to the ICO and let them look into it.

fatbelly

The ICO may say you have to use FOS. But in either case you have to exhaust the complaints process, or at least allow them 8 weeks to do this

emmaphill

sourcrates said:

If they can`t provide evidence of your liability then the debt is unenforceable, so that`s good in that respect.

I was assuming you had no knowledge of this account, but then could it be possible you used the account until it was revoked, and didn`t make any payments to the debt?

Does that sound possible?

The problem is, if the account defaulted correctly, you won`t have grounds to get this removed, but if the debt wasn`t yours in the first place, you may have.

You should first exhaust JD William's complaints process, and then escalate to the ICO and let them look into it.

They’ve sent a transaction list but honestly can’t recall it. I’ve checked inbox and also can’t see any monthly statements from them.

How can they default an account using the consumer credit act when they say it was revoked? 

Should I ignore lantern (as they are simply blaming JD Williams) and start a complaint with JD Williams and insist on a copy of the default? 

sourcrates

It was the credit facility that was removed, specifically the ability to obtain further credit, the balance outstanding is still collectable and regulated by the original agreement.

Its very unlikely you will get the default removed, but if this was not your debt, then its worth a try.

JD Williams could not provide a copy of your credit agreement, so inform Lantern of this, as well as the dubious nature of the debt, and simply tell them the debt is unenforceable and you won`t be paying it.