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NewDay Limited and Wrongful Default Entry

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  • NewDay Limited and Wrongful Default Entry

    Can I please ask for some advice regarding NewDay Ltd.

    Begining of the year, I notified NewDay that I was unable to make any more repayments on my credit card account.

    I provided a detailed income and expenditure, and proof of benefit entitlement.

    They agreed to temporarily place my account on hold waiving charges and interest.

    They sent me their own income and expenditure forms, which I filled in and returned, again along with proof of income.

    To cut a long story short, they finally agreed, in writing, in May this year to no longer chase me for payment, and my account was closed.

    However this has NOT been reflected on my credit file.

    Just before this written agreement in May, they issued me with a default notice under section 87,88,89 of the Consumer Credit Act, even though my account was on hold.

    I honestly thought that when my account was on hold, this meant any further action.

    On my credit file, the date of default was listed as the 12th June 2018, a month AFTER telling me in writting they wont chase me for payment.

    Could I not argue that the default was unlawful and an incorrect mark on my credit file?

    How do I get them to alter that the account is closed?

    The issue has damaged my credit rating and I have been declined credit as a result.

    Any advice please?
    Tags: None

  • #2
    It is correct that your file has been marked as defaulted, as you did default on the terms of the credit agreement by stopping paying and asking them to write off the debt due to your circumstances. Have they actually written off the debt now ( does the May letter actually say that and the account is closed ? ) How much was the debt?

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    • #3
      Originally posted by Amethyst View Post
      It is correct that your file has been marked as defaulted, as you did default on the terms of the credit agreement by stopping paying and asking them to write off the debt due to your circumstances. Have they actually written off the debt now ( does the May letter actually say that and the account is closed ? ) How much was the debt?
      The debt was around £850.

      I have it in writing the will not chase me for payment, and the account has been closed.

      However, I disagreewith the default because the account was supposedly on hold at the time, which I thought meant anything occuring like a default.

      Plus they told me in writing before updating the credit file that they wont chase me for payment.

      I'm just confused.

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      • #4
        default is an accurate event on hold does not mean not reporting default as it is an actual occurance

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