Notice of intent to file a default (filing notice)

[bettridgem]

HI All,

Looking for some quick advice if possible. I'll keep this as short as possible. I had a dispute with a credit card company over a payment that they should not have released to a consumer. We went back and forth over months/years and in the end I just left it as didn't hear from them (bad mistake) - I went to get a mortgage about 14 months ago (not needed any credit before this date) and they had stuck a default on my account (without telling me) - I was advised by my Mortgage Broker that I should pay off the outstanding dispute funds (£525.00) as this will help my credit status for the future so I paid it. I still have the default but it shows as £0.00 Balance. Even though I have paid it the default has caused loads of problems, couldn't even get a mobile phone contract and then struggled getting a BTL mortgage.

I have just received a letter from OPUS / 1st Credit - Please see attached SAYING they apologise but due to a system error they did not write to me and give me 28 days notice before filing the default?

Can I do anything to get them to remove this default on the CRA's as they made this mistake?

Many thanks

Mark

[nemesis45]

Re: Notice of intent to file a default (filing notice)

Good morning welcome to LB,

This is the 2nd such letter we have seen this week.
There seems to be an arrangement between 1st Credit and Opus I wonder if accounts were deliberately not defaulted when they became delinquent but are now being dealt with giving them a unfair advantage on the life of a default.

Once a default is placed it remains on file for 6 years paid or not.
Have you checked to see if a new default date has been registered?

Did you have an Opus account? or has this arisen from another CC which Opus took over.

nem

[bettridgem]

Re: Notice of intent to file a default (filing notice)

Thanks for the Reply.

I originally had a Goldfish Credit Card....They were taken over by OPUS BUT due to not receiving any air miles I never activated my OPUS card. Goldfish finished in Jan 2012 - fully paid up and OPUS cards not activated so as far as I was concerned all cards were gone. A payment (£315) got taken from my Goldfish card in May 2012 (2nd follow on payment) - It was from a ski tuition company in France - we had paid a deposit but never actually went on the holiday and I wasn't aware they had access to take further payments. - This debt got passed from Goldfish to OPUS - OPUS originally said they will remove the payment (over the phone) but never did....I went back and forth but they eventually told me to go to the French ski school and speak to them - they were closed for 6 months (summer) SO never got sorted. I shouldn't have left it but as I never activated my OPUS card I thought they were just chancing it!!

How do I check to see if the default is registered? Its showing on all 3 companies - Noodle / Experian / Equifax

Thanks for the help.

Mark

[nemesis45]

Re: Notice of intent to file a default (filing notice)

Thanks for the Reply.

I originally had a Goldfish Credit Card....They were taken over by OPUS BUT due to not receiving any air miles I never activated my OPUS card. Goldfish finished in Jan 2012 - fully paid up and OPUS cards not activated so as far as I was concerned all cards were gone. A payment (£315) got taken from my Goldfish card in May 2012 (2nd follow on payment) - It was from a ski tuition company in France - we had paid a deposit but never actually went on the holiday and I wasn't aware they had access to take further payments. - This debt got passed from Goldfish to OPUS - OPUS originally said they will remove the payment (over the phone) but never did....I went back and forth but they eventually told me to go to the French ski school and speak to them - they were closed for 6 months (summer) SO never got sorted. I shouldn't have left it but as I never activated my OPUS card I thought they were just chancing it!!

How do I check to see if the default is registered? Its showing on all 3 companies - Noodle / Experian / Equifax

Thanks for the help.

Mark

Hello Mark,

I thought this might be the case.

On the credit file it should show a default date.

Do you know when the account was last used?

My first move now would be to send Opus a request made under the provisions of sections 77/78 of the Consumer Credit Act 1974 to get copies of the agreements ( I suspect there should be 2 the GF and Opus) (CCA Request0.

There is a £1.00 statutory fee for this ( use a postal order marked " For Statutory Fee Only". There is a template letter on the received a claim forum in the green box.

What exactly does the credit file state?

nem

[bettridgem]

Re: Notice of intent to file a default (filing notice)

I've attached a screenshot in the word document from both noodle and Experian - the default date is 31.7.2012

Would you still suggest I send Opus a request made under the provisions of sections 77/78 of the Consumer Credit Act 1974 to get copies of the agreements?

MAark

[nemesis45]

Re: Notice of intent to file a default (filing notice)

I've attached a screenshot in the word document from both noodle and Experian - the default date is 31.7.2012

Would you still suggest I send Opus a request made under the provisions of sections 77/78 of the Consumer Credit Act 1974 to get copies of the agreements?

MAark

Hello Mark,

Yes still send the request.

Does this default date seem right to you?
nem

- - - Updated - - -

I've attached a screenshot in the word document from both noodle and Experian - the default date is 31.7.2012

Would you still suggest I send Opus a request made under the provisions of sections 77/78 of the Consumer Credit Act 1974 to get copies of the agreements?

MAark

Attachment seems to be corrupted mark, try PDF

nem

[bettridgem]

Re: Notice of intent to file a default (filing notice)

Nem,

Yes the date seems right - It was back in 2011 this all took place. I've reattached the screenshot for Experian in PDF - Also attached the email back from 1st credit showing account FULLY satisfied. We original agreed with them to settle the first card amount (no interest) but my Mortgage guy said just pay the lot!!

Mark

[nemesis45]

Re: Notice of intent to file a default (filing notice)

I've attached a screenshot in the word document from both noodle and Experian - the default date is 31.7.2012

Would you still suggest I send Opus a request made under the provisions of sections 77/78 of the Consumer Credit Act 1974 to get copies of the agreements?

MAark

Hello Mark,

I can't open that attachment.
[MENTION=49370]Kati[/MENTION] can you help please.

nemxx

[Kati]

Re: Notice of intent to file a default (filing notice)

Hello Mark,

I can't open that attachment.
@Kati can you help please.

nemxx

No problem :yo:

screenshots of the Experian and Noddle pdf:

[nemesis45]

Re: Notice of intent to file a default (filing notice)

No problem :yo:

screenshots of the Experian and Noddle pdf:

Thank you !!

nemxx

[Kati]

Re: Notice of intent to file a default (filing notice)

and the 1st Credit email:

[MIKE770]

Re: Notice of intent to file a default (filing notice)

time to make CRAs liable what their clients record on their web site, they cannot just pass the buck - in all good reason if they allow incorrect content to be placed ON THEIR SITE then they are joint and several liable. ahhhhhhhhhhhhhhhhhhhhhhhh


also in all fairness this government and other have shouted about = once 14 days are up then default should be registered there and then as the default has been issued and a true date of event should be registered if they are going to use such an arcade system, and no more fines for non compliance by Debt purchasers and the likes = no more fines that do not affect them = Hard labour behind bars as crime against Her Majesties People , another crime is the charges for bankruptcy and proceedings for some juck sat a desk and just countersigns and charge a fortune that is fraud, another area people kicked out by bailiffs and the populus have the accommodation bill could go on and on!ahhhh

[nemesis45]

Re: Notice of intent to file a default (filing notice)

Good morning Mark,

Did yo send the CCA request?

nem

[bettridgem]

Re: Notice of intent to file a default (filing notice)

Hi Nem,

I spoke to Financial Omb and they guided me on the letter. This is what I've sent. I'm totally furious that I'm in this position - these guys have caused me so many problems and cost due to killing my credit status. Let me know what you think.

Mark

[nemesis45]

Re: Notice of intent to file a default (filing notice)

Hi Nem,

I spoke to Financial Omb and they guided me on the letter. This is what I've sent. I'm totally furious that I'm in this position - these guys have caused me so many problems and cost due to killing my credit status. Let me know what you think.

Mark

Hello Mark,

I suggest you head that letter as a Formal Complaint this requires the recipient to fully investigate and respond within 56 days, an inadequate response gives you the option to back to the regulator.

nem