Double Default

Paton47 · 5 October 2019 at 5:03PM

Hi Guys
Looking for some advice regarding defaults. Long story short I was in a DMP for years which I paid for. Managed to come out of it this year after getting some money with the intention of offering my creditors a partial settlement. A few of them have accepted my offers and a few haven't so I've arranged to pay a minimal sum to them every month. One of them LINK FINANCIAL have been really horrible and unhelpful unlike the others. They basically wouldn't accept anything then registered a default on my credit file for this account. This has really wound me uo as my credit file had just recovered and was in a healthy state. Before anyone says it I know I owe them the money but I've paid the majority of this off pretty sure what I owe is the fees they piled on with charges and defaults etc. My question is about the default though, this account already had a default on it way back when I got into financial difficulty. I've been told and have read that you can't get a default on an account that already has one. I have written to them asking about the default and for the CCA as well as apparently if they don't have this it limits the power they have but they've ignored this. So I am about to issue another letter asking again for a response to both these points but wondered if anyone knows of anything else I can do. Can I approach the credit reference agency to get it removed? Any help or advice will be great appreciated...thanks

[Deleted User] · 5 October 2019 at 6:33PM

If Link purchased the original debt then they can add a default in their entry as well so long as it matches that of the original debt before being sold on.

sourcrates · 5 October 2019 at 8:13PM

As Gary says above, that should be the correct process, both defaults should show the same original default date, unless your saying the original default is over 6 years old and has fallen off your file, in which case Link can’t add another, so if that’s the case, send a written complaint, and go to the ICO if not corrected.

When you asked Link for a copy of the credit agreement, did you make a formal written request under section 77/79 CCA 1978, enclosing the £1 statutory payment ?

If not, then you should do so following the correct procedure.
National Debtline provide a suitable template letter in the “sample letters” section of their website.

Paton47 · 6 October 2019 at 5:33PM

Hi
Thanks for your reply. Yeah the debt had fallen off my credit file. I had tried to offer the a partial settlement but they didn't accept it tried to get me to continue with the monthly payments. I though they couldn't issue a default on an already defaulted account as another creditor said the same to me. The other company said they would issue a default if l didn't keep up with the payments but I said the account already had a default and they agreed they couldn't do it. Yeah I sent a £1 postal order with my CCA request and also asked them about the dafault....no reply as yet. Should I write to them again?

sourcrates · 6 October 2019 at 5:49PM

Paton47 wrote: »

Hi
Thanks for your reply. Yeah the debt had fallen off my credit file. I had tried to offer the a partial settlement but they didn't accept it tried to get me to continue with the monthly payments. I though they couldn't issue a default on an already defaulted account as another creditor said the same to me. The other company said they would issue a default if l didn't keep up with the payments but I said the account already had a default and they agreed they couldn't do it. Yeah I sent a £1 postal order with my CCA request and also asked them about the dafault....no reply as yet. Should I write to them again?

Right, you have two issues here, the first is that the account can only default once, so the second default is invalid, you should ideally make a SAR request to the original owner of the debt, this should get you the original default date, next, send a written complaint to Link, outligning the above send a copy of the original default date as proof.

Next, the CCA request, the account is currently unenforcable, as they have not responded to your request, a reminder should be sent to link, asking them to comply.

You have two issues, you should treat them as seperate complaints, otherwise one may get missed, if link won`t or don`t respond to your complaint about the default, you can then escalate the matter to the ICO.
SAR template letter available from the ICO website.

Paton47 · 7 October 2019 at 11:37AM

Thank you so much for your help and valuable information. I will get in touch with the original creditor to find out when the default was originally placed on the account. What is an SAR request and is there a letter template somewhere for this. I will also send a letter of complaint to Link regarding them putting a default on my account again. I am sure there is a template somewhere to chase up the CCA request so I will look for this. I will also treat both these issues separately from now on. What is the ICO is it the Information Commissioners Office so I am really making a complaint about the way the information has been used....or am l completely wrong here?
Again thank you so much for your help.

Willing2Learn · 7 October 2019 at 11:42AM

SAR = Subject Access Request.

Click here to read the ICO guidance on what a SAR is and when to use it.

Click here to access a SAR letter template.

The reason you would be escalating to the ICO, is because you are questioning and complaining about the inaccuracy of data that has been recorded on your credit file.

Paton47 · 8 October 2019 at 9:57PM

Thank you so much for your help so am I right in saying that I am writing to ICO to ask when the original default on my account was? Do l have to provide them with the original account number or just the credit card company name and approx date? And should I contact Link with a 2nd letter about the CCA request before I contact ICO with a SAR request. Is there a letter template for a 2nd letter for a CCA request? Sorry I just want to do this properly in the hope that it works. Again thank you......

sourcrates · 8 October 2019 at 10:33PM

Paton47 wrote: »

Thank you so much for your help so am I right in saying that I am writing to ICO to ask when the original default on my account was? Do l have to provide them with the original account number or just the credit card company name and approx date? And should I contact Link with a 2nd letter about the CCA request before I contact ICO with a SAR request. Is there a letter template for a 2nd letter for a CCA request? Sorry I just want to do this properly in the hope that it works. Again thank you......

No you contact the original creditor for the SAR request, you are asking for all information they may hold on you, the template letter for the SAR can be found on the ICO website.
You just remind link of your initial request and ask why they have not responded.

Paton47 · 9 October 2019 at 10:59AM

Thank you Sourcrates I'll get onto that today

Paton47 · 9 October 2019 at 12:47PM

Sourcrates could l be a pain and ask you to look over these letters to see them f you think they’re ok please 🙏🏻 Hope you don’t mind me asking you l just don’t want to get this wrong 😫 sorry it wouldn’t let me send you the links 🙈 oh well I’ll just go with them see how it goes....thanks again 😁

Double Default

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