dafault correct or not

[Mike1976]

Hi Guys.

Just a quick one. In order for a default to be legal. Does it have to be correct. I.e. The information be correct.

I have a default from 2011 from Provident. That now stands with BCW. i questioned the default with BCW and they sent me the copy default issued by Provident.

It was sent to the address that i had the loan but after i haad moved. I didnt give them a forwarding address. So thats my fault.

However the default details are incorrect. it says default :

Parties in agreement : Michael of address details.( think its the solicitors address)
& Steven of : then my address .

Is it correct to put agreement details down as My first name for them and then a random name for me ?

Mike.

[FlamingParrot]

Re: dafault correct or not

Are you referring to the Default Notice (DN) or the records on your CRA files?

Your post seems to refer to the DN but it's been posted under CRAs hence the confusion. :noidea:

Is this a debt you are disputing? Are you trying to assess enforceability or is your credit file your main concern? :confused2:

I'm asking this because the two issues are totally separate. The lack of a compliant default notice under s.87 of the Consumer Credit Act could help your defence if the creditor took you to court, but wouldn't be an argument to have a default removed from your credit file.

[Mike1976]

Re: dafault correct or not

Thanks for your reply FP.

Its both really. Its the original default and the fact that its now on my credit file.

My only defence is if i can get it removed due to the original default having incorrect data on it.

I wanna pay it off. Its only 250.00 but dont want a default on my credit file for 6 years.

Thanks Mike.

[gaz2006]

Re: dafault correct or not

if you pay it off it should be marked satisfied but will be there for 6 years unless you can prove it shouldnt have been there in first place hope that helps

[Nibbler]

Re: dafault correct or not

My only defence is if i can get it removed due to the original default having incorrect data on it.

A default notice under s87 of the Consumer Credit Act is not the same thing as a default on your credit files.

They both share the word "default", and a notice of either often happens at or around the same time, but they are two distinct things. The 2nd is not contingent or relient on the correctness of the first.

If you were warned in T&Cs or otherwise on account opening that account conduct could be reported to the CRAs, then you are going to find it hard to argue against a factual and correctly dated default on them.

[FlamingParrot]

Re: dafault correct or not

Thanks for your reply FP.

Its both really. Its the original default and the fact that its now on my credit file.

My only defence is if i can get it removed due to the original default having incorrect data on it.

I wanna pay it off. Its only 250.00 but dont want a default on my credit file for 6 years.

Thanks Mike.

If you failed to keep up contractual payments creditors are entitled to report this fact to the CRA files as this refer to the conduct of your account. Normally a default notice under s.87 of the CCA is issued prior to a default recorded on your file, but the two are separate issues and a defective DN is not an argument to have a default removed from your file. The only way you could have it removed would be if the actual data on your CRA file was incorrect, for example, if you'd paid this debt and they still recorded it as a default.