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Unfair default due to loss in benefit 4 years ago

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  • Unfair default due to loss in benefit 4 years ago

    I had a credit card with NewDay Ltd.

    I unfortunately had a loss of benefit due to an assessor telling lies in a benefit review and lost half of my income.

    At the time of this, I notified the credit card company of this, and they slapped a default on me which I felt was unfair as I genuinely couldn't pay.

    I've tried ever since to get the company to remove the default as the circumstances were not my fault, and they have repeatedly refused, even the Financial Ombudsman Service sided with them which is unbelievable, considering I showed evidence of my financial difficulties at the time.

    4 years on, the default is still affecting my credit rating.

    On Experian my score is currently 579.

    I find it very strange that I can get a credit card with my bank Lloyds Bank, but I'm refused loans, even though I am up to date on all my other credit comitments, and haven't missed any payments since the default on anything.

    Any advice please as I am struggling to get personal loans.

    I feel the default is discriminatory due to the circumstances of why it happened.
    Tags: None

  • #2
    Have you since repaid the debt in full?
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

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    • #3
      Originally posted by atticus View Post
      Have you since repaid the debt in full?
      No because they Company said they accepted I wasn't able to pay and confirmed that they would not chase me for money.

      I've got 2 years to go and its being removed off my credit file.

      After 6 years, what happens then?

      Can they pass the debt on?

      Comment


      • #4
        Am I missing something? Is the service of a default notice dependant upon thinking that it is inappropriate where the default arises through other than the fault of the debtor?

        Comment


        • #5
          Originally posted by dslippy View Post
          Am I missing something? Is the service of a default notice dependant upon thinking that it is inappropriate where the default arises through other than the fault of the debtor?
          Unlikely the Debt collectors care for your problems ;they only want the money you can try to persuade them to cancel the debt stating your position

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          • #6
            I do have mental health problems, for which I am receiving treatment for, and also have other disabilities.

            The credit card company was well ware of those health problems.

            Its grossly unfair to slap a default on me when the Government cut half of my money.

            Comment


            • #7
              "Its grossly unfair to slap a default on me when the Government cut half of my money."

              It may be unfair, or even grossly unfair, but that does not make it liable to be compensated for.

              Comment

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