Help needed with Default?

[Guest]

Re: Help needed with Default?

Yes a default notice has to be compliant before the account can be terminated on default. It would be for the court to decide if the notice was compliant enough, I think this notice supplies all the elements required, personally I would be surprised if it was found to be none compliant.

However there is still the matter of the notice required before the default marker is placed on the file, usually it is contained in the 87 notice, I do not see it here. So unless it has been sent previously they cannot enter the default marker under ICO rules.
They can of course send a notice now and give 30 days to pay the default sum, but from what has been said I think the sum is paid up. So the marker should be removed.
However any late payment markers will remain on the account.

D

[miliitant]

Re: Help needed with Default?

thats the key

a default notice has been sent but not under 87(1) to register the default with the credit agencies

the account may be defaulted through missed payments, but not to register the default with the credit agencies

[Guest]

Re: Help needed with Default?

thats the key

a default notice has been sent but not under 87(1) to register the default with the credit agencies

the account may be defaulted through missed payments, but not to register the default with the credit agencies

Yes it has to say if the sum is not paid there will be a note of default recorded. The 87 notice is just to warn of impending court proceedings.

D

[d.stenson]

Re: Help needed with Default?

What is my best course of action then, contacting the ICO and advising them that the notice is not compliant with the regulations and also of the other facts like if they replied to my letters then this would of been avoided and the rest, so they do have to do much work or should I go straight to court (which would be Civil i believe). Do i need to give TBGS any notice of court action as they have issued me with a final notice. The debt is now paid in full and I understand that their should be a late payment marker but not a lawful default.

[Guest]

Re: Help needed with Default?

HI
Can I ask , how many payments did you miss.

It can be argued that a few missed payments does not , or should not represent a default situation, the definition of a defaulted account is that the relationship between the parties has irrevocably broken down.

There should be no situation were a default marker is placed on the account without the debtor being aware in advance and being given the chance to remedy, this is the case in all accounts not just credit ones and nothing to do with section 87 notices.

So your complaint should be that no notice was given as per the ICO guidelines, otherwise you would have circumvented having the marker on your file by making a payment and keeping the account out of default.

D

[Magrew]

Re: Help needed with Default?

Once i received a reply from the head of complaints the whole account was settled within 24 hours. I'm just now arguing the issue of the default notice which I feel was unfairly and unlawfully placed on my name.

Just for clarification. Does the default remain on your file or has it been removed?

[d.stenson]

Re: Help needed with Default?

The default in question is still on my credit file, It just states that it is now settled.

[d.stenson]

Re: Help needed with Default?

Just got a response from the ICO still waiting on the FSO, They will not get involved as the royal mail failed to deliver the letter which was sent recorded signed for. Now going to email the CEO of royal mail to complain but is their anything else I can do as it is not my responsibility to enure the royal mail do their job and if they cant deliver a letter which is to be signed for then surely the default notice served to me by post (which I did not receive) can be classed as lost to as they have no evidence of delivery. Surly a little common sense should be applied as they can see they date i sent the letter and the date the brilliant gift shop did and remove the notice.