defaulted twice by same company

[Scarlett55]

Hello all

A bit confused due to a company defaulting me twice. I did not think that could happen and is there anything I can do about it please?

They defaulted me in December 2012 and I went onto a dmp. then I lost my job in April and could not afford the dmp either, so they threatened to default me. Just got a letter to say they have defaulted me. I don't think they know what they are doing.

Hope someone has some advice please. It is bad enough with a default on the file for six years, but twelve years is a bit much.

Thank you.

[Nibbler]

Re: defaulted twice by same company

What do you mean by defaults?

Actual defaults that shows on your credit file, or a letter giving you a default notice under the consumer credit act?

They are not the same thing. The first should not happen twice, while the other can under some limited circumstances.

Also the 12 years comment does not make sense. Even a default on your credit file only stays for 6 years from the 1st recorded default date. Not 12 years.

[Scarlett55]

Re: defaulted twice by same company

I have a notice of default from the same company that defaulted me in December 2012. Surely this cannot be right but what would be 'some limited circumstances'?

Yes, I suppose that was a senseless remark. Bit of daft humour in a bewildering world, but what I meant was, that having another default would extend the six years.
Who can I report them to? The ICO, FOS, FCA?

Thank you for your help.

[Nibbler]

Re: defaulted twice by same company

"notice of default" doesn't explain what you have received.

That could be

(1) A default on your credit file you have noticed when checking your credit reports with Experian, Equifax or CallCredit/noddle

or

(2) A letter which is a notice of intention to file such a default with the credit reference agencies, giving you 28 days to avoid that.

or

(3) A letter which is a formal default notice under section 87 of the consumer credit act, giving you 14 days to remedy the account and bring it back up to date or they will end the agreement.

or

(4) A letter which is a notice of default sums/arrears under section 86E that have been applied to the account since your last statement.


(1) Can only ever happen once, although when debts are sold it is allowable for a duplicate entry to be created in the name of the purchaser as long as the original is removed or marked as sold. They cannot change the actual default date.

(2) and (3) are capable of remedy by you catching up with payments enough, so could happen again if you fall behind once more.


(4) can happen every time such charges are applied. So by definition more than once if arrears continue.

You say a letter? So I would guess (2) or (3) or (4)?

have you actually checked your credit files to see what is on there?


Until we know exactly what you received, and what is now on your credit file compared to before, can't really say whether what has happened is fair or not, or whether it will impact your credit file or not.

[Scarlett55]

Re: defaulted twice by same company

"notice of default" doesn't explain what you have received.

That could be

(1) A default on your credit file you have noticed when checking your credit reports with Experian, Equifax or CallCredit/noddle

or

(2) A letter which is a notice of intention to file such a default with the credit reference agencies, giving you 28 days to avoid that.

or

(3) A letter which is a formal default notice under section 87 of the consumer credit act, giving you 14 days to remedy the account and bring it back up to date or they will end the agreement.

or

(4) A letter which is a notice of default sums/arrears under section 86E that have been applied to the account since your last statement.


(1) Can only ever happen once, although when debts are sold it is allowable for a duplicate entry to be created in the name of the purchaser as long as the original is removed or marked as sold. They cannot change the actual default date.

(2) and (3) are capable of remedy by you catching up with payments enough, so could happen again if you fall behind once more.


(4) can happen every time such charges are applied. So by definition more than once if arrears continue.

You say a letter? So I would guess (2) or (3) or (4)?

have you actually checked your credit files to see what is on there?


Until we know exactly what you received, and what is now on your credit file compared to before, can't really say whether what has happened is fair or not, or whether it will impact your credit file or not.

Hello Nibbler

Thank you for your reply. Sorry I am not good at explaining these things - a little on the scary side for me.
I check my credit file often. I was defaulted by this company in December 2012.
The company sent me a default notice dated 31st March 2014 and another dated 29th July. They read the same as follows:

This is a DEFAULT NOTICE served under S87(1) of the Consumer Credit Act 1974, relating to your card agreement dated ......2005 under number made between you and .

1._Provision of Agreement breached:
(a) payment of the minimum monthly repayments on the payment dates.
2. Nature of Breach:
(a) You have failed to pay the minimum monthly repayments totalling £
3. Action required to remedy:
Payment of the total arrears £ , by 18th August 2014.

Then they go on to say what they will do, contact a solicitor, apply to the court which may make an order, etc. And they sent me a copy of FCA agreement on default.

They also sent me this default notice in April.

Can you help me a bit more please? As I said, they have already defaulted me in December 2012, so I cannot see how they can default me again.

Thank you very much.

[Nibbler]

Re: defaulted twice by same company

As already said, a default notice under s87 of the consumer credit act is NOT the same thing as adding a default to your credit file.

You can have more the than one s87 notice issued if the account is remedied on previous ones, but never another newer dated default on your credit file if you have one already.

Have they actually added a newer default to your credit files? Did you actually have one recorded before?

Are you just assuming there was one in the past and will be another now because of letters received, or have you actually checked?

[Scarlett55]

Re: defaulted twice by same company

Thank you for your reply Nibbler.

Yes, there has been a default on my credit file from this company from December 2012. Yes, I have seen it, I have checked, I am not assuming it. The account has not been remedied.

[Nibbler]

Re: defaulted twice by same company

Have they actually added another newer one to your credit report?

The letter you said you have just received is a s87 notice, and not a notice that they are adding a default to your credit files.

As said, they are not the same thing.

If you did not remedy the first s87 default notice, its possible they have issued another because the original was defective in some fashion. Should still not result in a new default on your credit files though. If it did you could challenge it.

[Scarlett55]

Re: defaulted twice by same company

Have they actually added another newer one to your credit report?

The letter you said you have just received is a s87 notice, and not a notice that they are adding a default to your credit files.

As said, they are not the same thing.

If you did not remedy the first s87 default notice, its possible they have issued another because the original was defective in some fashion. Should still not result in a new default on your credit files though. If it did you could challenge it.

Thank you very much for explaining this to me Nibbler. I appreciate your time and knowledge.