• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Default Notice Required?

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Default Notice Required?

    Hi all,

    So back in 2014 I had a credit card with Aqua among 2 or 3 others. Used it and paid it all on time, no issues. Until 2015 when I went through a tough custody battle and house move and started missing payments. It was my own error and was the only one I missed, all others were up to date, just this one slipped through the net and I completely forgot about it.

    In 2017 I applied for a mortgage and was refused and when I looked into it saw that a default had been registered by Arrow Global in December 2015. I had to do a lot of digging and was passed from one company to another before realising what it was and found out it involved Capquest, Arrow Global and Newday. This is where it got difficult because nobody would actually confirm who I needed to pay this money to (£505 including whatever fees were added). I offered to pay in full but nobody would accept the payment until eventually Arrow confirmed they held the account in 2019. I complained to them about the whole thing and offered to resolve and never received a response.

    The default is still on my file and 2 months ago I wrote to both Arrow Global and Newday and complained that back in 2015 although I never informed them of my new address, they didn’t try to locate my correct address to write to me and I asked that the default be removed 6 months early.

    Newday have responded today…

    Taking all the relevant factors into account, I’ve decided to uphold your complaint in part, as I've identified that we didn't issue you a Default Notice prior to registering the default on your credit file in December 2015.

    For this they have offered compensation of £25. The response then goes on to say…

    In this instance, you are correct that we did not issue you a Default Notice prior to selling the account. Our records show that we recognised this oversight and wrote to you to explain this on 31 October 2016. This was sent to the last address we held on file on for you. Within our letter, we explained our records indicated we hadn't previously notified you about registering a default and hadn't sent you a Default Notice, so we offered our apologies and enclosed a copy of a Default Notice with our letter.
    Ordinarily, we comply with industry guidelines which require us to tell you that we are going to register a default against you at least 28 days before we do so. As a result of an error, we didn't provide this notice. However, even though we didn't provide this notice, we were still allowed to register the default. Furthermore, even if we had issued this notice, we would not have been able to send this to your current address at that time, as you hadn't supplied this to NewDay.

    Even though we did not send you the Default Notice, we believe that the default was filed correctly. Before registering of the default, we attempted contact with you on a number of occasions detailing the consequences of non-payment, however. sufficient payment was not received.

    Tags: None

View our Terms and Conditions

LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
Working...
X