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Vivus Default

Hi everyone!

I was/am struggling with multiple payday loan debt. I wrote to Vivus to complain about unaffordable and irresponsible lending but their final response fobbed me off. They sent me a default notice and said they would default me if I didn't pay them back. Fair enough.

I wanted to go to the FO will me complaint but was worried about the default so I arranged a barely affordable payment plan. I missed the first payment because I forgot they didn't have my new debit card details. They didn't once get in touch by phone or letter about the missed payment so I thought nothing else of it until I checked my Noddle credit file and their was a default from Vivus from the day after my missed payment.

Should they have not sent me out another default notice? because after they sent out the original default notice, we had arranged a payment plan.

Have a got any grounds for complaint or should I try my luck with the Financial Ombudsman?

Thanks

Comments

  • IAmWales
    IAmWales Posts: 2,024 Forumite
    No, they don't need to send out another notice.

    Rather than complaining, focus on arranging a manageable repayment plan. A debt charity such as Stepchange can help you with this.
  • [Deleted User]
    [Deleted User] Posts: 35,383 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    ml1973 wrote: »

    Have a got any grounds for complaint or should I try my luck with the Financial Ombudsman?

    Neither. .
  • ml1973
    ml1973 Posts: 11 Forumite
    Thanks for the reply. The damage is done now for 6 years. I may as well focus clearing the debts I have that haven't defaulted.
  • sourcrates
    sourcrates Posts: 32,482 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    You can still complain to the ombudsman if you think you have a case for irresponsible lending, in fact that should be your next move.

    The default i`m afraid you are stuck with, they can only default you once, per account, so the original default notice was valid.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • System
    System Posts: 178,419 Community Admin
    10,000 Posts Photogenic Name Dropper
    Funny how people are willing to shout irresponsible lending when it all goes wrong but were quite happy to sign up for loans they knew they couldn't afford.....
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • Arleen
    Arleen Posts: 1,164 Forumite
    1,000 Posts Combo Breaker
    Tarambor wrote: »
    Funny how people are willing to shout irresponsible lending when it all goes wrong but were quite happy to sign up for loans they knew they couldn't afford.....
    That's also why complaint like that is a hail mary at best as they almost never are successful.
  • ml1973
    ml1973 Posts: 11 Forumite
    Just a quick update. I got the balance written off and the default removed from my credit file. The reason being unaffordable and irresponsible lending.

    There is a website called Debt Camel. I recommend people struggling with debt have a look at it. The lady who runs it 'Sara is amazing, really knows her stuff. Cannot thank her enough.
  • nobblyned
    nobblyned Posts: 705 Forumite
    Ah....you're just a spammer then
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