Hitachi (now Novuna) never defaulted me?! M&S Incorrect default date? how to fix?! Pls help!

nomorecc

So, in July 2019 I made some very bad financial decisions, I'm in serious debt and can no longer afford my loans or credit cards.

I contact all my creditors and offer £1 a month for all of my accounts ( did this without StepChange ) and have continued to pay them on time every month.

Long story short it's been 6 years now since all of this expecting to see defaults dropping off my credit file and low and behold of course that's not the case..

First missed payments were in July 2019

However, M&S did not Default my account until 14 July 2021!?! 

Additionally Hitachi (now Novuna) still have not defaulted me and I owe them £20k+...

As I'm SO close to getting past the default stage, I don't now want another default especially as M&S took their SWEET time to default me.

HOW CAN I CORRECT THESE DATES, usually default should be on my file 3 or so months after missing the first payment!?

HELP!

TYIA!

sourcrates

Sorry to be the bearer of bad news, but you entered an arrangement to pay didn`t you, defaults normally happen when you pay nothing, but you entered into an arrangement at £1 per month, so your credit file will reflect that.

You can complain that they should have defaulted you earlier, but they would be within their rights to deny this, citing the arrangement you made with them.

When you make an arrangement to pay, you are agreeing informal terms outside of your contractual commitment, but with the cooperation of your creditor.

If you had wanted the debt to default first, then non payment is the correct strategy to use until that is achieved, then you make the payment arrangement, not before.

nomorecc

Hi @sourcrates

Thanks for your reply.

I offered a token payment of £1 per month to all my creditors some were not happy, some accepted for 6 months...

I can't remember the specifics of the situation with Hitachi but still to date no default notice on my credit file...

What is my best option now?

How can I bet protect my credit file / resolve this situation

edit; I have checked my transunion report from lloyds bank and it says "Missed payment" on my credit file for both of these lenders, only M&S have defaulted

does anyone know if hitachi sell on / default or do they accept a massive discount to clear the debt and mark as settled?

sourcrates

Sorry, missed the bit about Hitachi.

You should send a written complaint to Hitachi, asking them to default your account according to FCA guidance.

Get them to backdate it to when you first experienced financial trouble.

If you need too, you can escalate to the FOS or the ICO.

nomorecc

sourcrates said:

Sorry, missed the bit about Hitachi.

You should send a written complaint to Hitachi, asking them to default your account according to FCA guidance.

Get them to backdate it to when you first experienced financial trouble.

If you need too, you can escalate to the FOS or the ICO.

Thank you @sourcrates

Will they have to default me back to when it happened?

I've never done this before so how would be best to complain and what should I write?

sourcrates

How are they marking your credit file currently?

nomorecc

sourcrates said:

How are they marking your credit file currently?

Late payment. According to Transunion...

They have sent me letters saying, "Arrears" with the fca logo so many times.

I don't ever remember getting a default from them in the post and can't see one on there, since July 2019!

Also I assume I should be complaining to M&S regarding the default date regarding my CC with them which should have defaulted no later than January 2020... not July 2021!?

nomorecc

@sourcrates I should also add, I have checked and I can't see a default on my credit file from Hitachi, ever.

I will raise a complaint with M&S on Monday.

sourcrates

Tell Hitachi they should have defaulted you when you first got into financial difficulties, whenever that was, and ask them to default you now, but backdate it to then.

nomorecc

sourcrates said:

Tell Hitachi they should have defaulted you when you first got into financial difficulties, whenever that was, and ask them to default you now, but backdate it to then.

Thanks @sourcrates

How would I do this and also with M&S?

sourcrates

Dear creditor,

COMPLAINT

Name/address etc

I wish to make a complaint about how you have managed my account with you.

My account number is: xxxx xxxx

My issue

In (insert date/year) I started getting into financial difficulties, as a result this meant I could not afford to service my consumer credit debts, the reasons for this were (insert reasons why you could not afford your debts).

Since (insert date) you have been marking my credit file as "missed payment" a number of years has passed since this first occurred, and so far you have failed to default the account in line with FCA guidance.

This is unfair as it leaves the account in limbo, and will remain on my file indefinitely, instead of been removed after 6 years if it had been defaulted.

What I want you to do

Please issue a default for this account, and backdate it to (inset date) to bring the account into line with FCA guidance.

I understand you have 8 weeks to issue a final response, and if I remain unsatisfied, I can escalate the matter to the FOS and the ICO.

yours sincerely

nomorecc