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Hello! Can anyone advise me on the following. My credit report (Experian) is showing a default registered a couple of years ago for a Halifax overdraft. I know it’s difficult to get these removed but I’d like to try to get it either removed or dated to an earlier time (it’s the only blemish, though a bad one, as it actually dates back to a time about 8 years ago when my life was very difficult, there’s been a lot of stuff but I’m trying to get my life back on track now, and I don’t think they’ve done the process well).
My questions for now (grateful to be pointed at the right board if that’s how this works?) is:
1. If I do a subject access request, does that count as acknowledging the debt? Is there anything I should do to avoid that risk (eg - is it ok to sign it? Should I avoid asking for specifics eg I am fairly sure they didn’t send me a default notice or any letter of intent to register a default or anyththinh like that, although they *did* have my address at the point they’ve registered the account as going from “fine” to default, I guess they must have removed the interest free terms and then the interest pushed me over the limit but not for a long time after the account was inactive and probably not meeting the terms of the account (it was a student account). I should add perhaps that I may be in a position to / willing to pay this debt, but I would really like to get this default removed as I’d like to get a mortgage in the reasonably near future.
2. Is a subject access request a good idea as a first move?
3. 3 years ago I filled in a form to search for dormant accounts (in a moment of fantasy that maybe I had savings I’d forgotten about). This is how i know for certain they had my address. Could this contact possibly count as “acknowledging the debt”?
4. Is there anything else I should do at the same time eg asking for a copy of signed CCA?
5. Can anyone advise (or point me to a good thread) on the relevant codes of practice / legislation regarding requirements to send notification of default, regarding overdraft?
The background is, I’m fairly sure (because I keep everything and would have noticed this in 2917) they didn’t send a notice about the default or notice to transfer to DCA or anything that would have given me opportunity to sort this out. They went from statement which was me under my overdraft limit and fine, to nothing more (I then moved but did have mail forwarded for quite a while), to then silence until suddenly a letter from a DCA in late 2017. But I guess I can’t be sure I kept absolutely everything (though I do have every bank statement, utility bill and creditor letter I’ve ever had dating back to 2007, though until recently in a huge messy pile, cos I’m like that, weird I know). So I thought an SAR might help me to understand what *they* think they’ve done, in terms of the process.
sorry for long post! Grateful for any help people can offer.
My questions for now (grateful to be pointed at the right board if that’s how this works?) is:
1. If I do a subject access request, does that count as acknowledging the debt? Is there anything I should do to avoid that risk (eg - is it ok to sign it? Should I avoid asking for specifics eg I am fairly sure they didn’t send me a default notice or any letter of intent to register a default or anyththinh like that, although they *did* have my address at the point they’ve registered the account as going from “fine” to default, I guess they must have removed the interest free terms and then the interest pushed me over the limit but not for a long time after the account was inactive and probably not meeting the terms of the account (it was a student account). I should add perhaps that I may be in a position to / willing to pay this debt, but I would really like to get this default removed as I’d like to get a mortgage in the reasonably near future.
2. Is a subject access request a good idea as a first move?
3. 3 years ago I filled in a form to search for dormant accounts (in a moment of fantasy that maybe I had savings I’d forgotten about). This is how i know for certain they had my address. Could this contact possibly count as “acknowledging the debt”?
4. Is there anything else I should do at the same time eg asking for a copy of signed CCA?
5. Can anyone advise (or point me to a good thread) on the relevant codes of practice / legislation regarding requirements to send notification of default, regarding overdraft?
The background is, I’m fairly sure (because I keep everything and would have noticed this in 2917) they didn’t send a notice about the default or notice to transfer to DCA or anything that would have given me opportunity to sort this out. They went from statement which was me under my overdraft limit and fine, to nothing more (I then moved but did have mail forwarded for quite a while), to then silence until suddenly a letter from a DCA in late 2017. But I guess I can’t be sure I kept absolutely everything (though I do have every bank statement, utility bill and creditor letter I’ve ever had dating back to 2007, though until recently in a huge messy pile, cos I’m like that, weird I know). So I thought an SAR might help me to understand what *they* think they’ve done, in terms of the process.
sorry for long post! Grateful for any help people can offer.
