Default Notice

[Jadkins]

I'm hoping someone / anyone can help me or at least point me in the right direction with my annoying little problem.
I entered into a DMP with the CCCS in April 2001. One of my credtors was Tesco Personal Finance. When I joined CreditExpert this year I saw that Tesco had put a default on my file. The default was added on 5/11/05. Yes I'm aware that apparently they can add a default whenever they want, which is rather mean really because if they had added it when it actually occurred in April 2001 then it would have cleared 3 years ago. By the time it drops off my file I will have been uncredit worthy for 10 years and 7 damn months.
Hears the question. Were they supposed to send me notification that they were going to put a default on my file? This is the one question I can't seem to get a straight answer for or any answer at all. And it's frustrating the hell out of me. I feel like a hamster going round and round on his wheel!! The only correspondence I ever received direct from them was a letter notifying me of new contact details should I wish to discuss my loan with them the letter was dated 22/06/05.
I know categorically that they didn't notify me because in 2004 I had need to see my credt file and there were 2 default notices on it. One from Blair,Oliver & Scott ( Bank of Scotland) and Metropolitan Collection (First Direct). Both were sent letters (under guidance from CCCS) and the default notices were removed. So if I had received a default notification from Tesco I would have known what course of action to take.
So folks what chance do I have of getting this default removed.

Thank you

[zentrix9]

Re: Default Notice

You should be able to find out for definate if they sent it and when if you SAR them. This will give you access to any dates and lists of mail they sent you. If they didnt you can ask them to remove it, by law they have to, then ask them for compensation for damages to your credit rating etc, etc

[Jadkins]

Re: Default Notice

Thank you for your reply. I sent a letter to RBS and I received a reply from Triton Credit Services on 8th October. Apparently they sent me a formal demand on 18/11/05 which is after the default (5/11/05) was put on. I know I never received a formal demand as I would have dealt with it at the time, as I did when I had 2 defaults from the RBS regarding credit cards. They also didn't answer my question as why the default was put on from that date? I am going to persue this so how do I word an SAR?

Jackie

[Caspar]

Re: Default Notice

Here is a template letter, amend to suit your circumstances, enclose £10.00 which is the maximum statutory fee and make sure the letter says the £10 for the information requested and must not be put to pay off the debt.

http://www.legalbeagles.info/forums/...ad.php?t=14106

[pandora]

Re: Default Notice

I remember reading somewheere that a default had to be registered with CRAs by the Creditor within 6 months of the DN being issued (i.e the account going into default) - otherwise they lose the right to report period.

Happy to be corrected - just something that I seem to have at the back of my mind - but I could be remembering it wrongly !!!

Anyway, at least if someone corrects me you'll know either way !! LOL

P :beagle:

[Caspar]

Re: Default Notice

I remember reading somewheere that a default had to be registered with CRAs by the Creditor within 6 months of the DN being issued (i.e the account going into default) - otherwise they lose the right to report period.

Happy to be corrected - just something that I seem to have at the back of my mind - but I could be remembering it wrongly !!!

Anyway, at least if someone corrects me you'll know either way !! LOL

P :beagle:

Can anyone confirm this? It would be good news for me if that is true!

[diddydicky]

Re: Default Notice

i cant help you with definitive information but i too recall reading this

it was along the lines that it would be unreasonable for the creditor to "hold onto" the reporting of the defaulted account in order to cause maximum harm to the debtors credit records and the conclusion was that if he failed to do so within 6 months then he should not report it at all

it may have been in the guidelines issued by the CRA's but i cant remember

[Algee]

Re: Default Notice

This is from the ICO Data Protection Technical Guide found at http://www.ico.gov.uk/upload/documen...3%20%20doc.pdf

11 Time framework
Although there will be some flexibility in the definition of a breakdown, we believe there should be general rules for the minimum period of arrears which should exist before a default can be filed. Equally there should be a maximum period after which, if anything is to be recorded with a credit reference agency, a default must be filed. The following are in line with the practices currently adopted by most lenders.

Accounts should not be routinely filed as being in default where full payments or those due under a rescheduled agreement are fewer than three consecutive months in arrears.

Accounts should normally be filed as being in default where those payments due have not been received for six months.
This time framework only relates to filing defaults. It does not affect the lenders’ ability to continue to report accurately on the extent of arrears using monthly status codes. We recognise that may not always be appropriate for products which advance credit over either a very short or very long-term.

Unfortunately it doesn't specify that six months is the maximum term in which to report the default.

Alan