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Is now the time to move in on DCA's for wrongful defaults???

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  • #31
    Re: Is now the time to move in on DCA's for wrongful defaults???

    Originally posted by andy58 View Post
    A defalult notice is only required when the creditor terminates the account, in the case of A VT the agreement is teminiated by the hirer

    Morning all.

    Thanks for clearing that up Andy. but I had athought while cycling into work this morning.

    the way the callcredit file reads is :-
    green upto May
    Default in June-Sept.
    VT in Oct.

    So in theory they defualted me 5 months before the V.T. and therefore I should have expected a default notice!

    Or am I being too simplistic?

    the truth is I V.T'd in June owing no money.

    Comment


    • #32
      Re: Is now the time to move in on DCA's for wrongful defaults???

      The default notice under te CCA is a different thing to the default record on your credit file. A default on your credit file is a record of payment(or none payment), a default notice under the CCA is a warning of impending termination(via the creditor) of the contract prior to court action.

      Did you have a period before you terminated where you were in arrears ?

      Comment


      • #33
        Re: Is now the time to move in on DCA's for wrongful defaults???

        Originally posted by andy58 View Post
        The default notice under te CCA is a different thing to the default record on your credit file. A default on your credit file is a record of payment(or none payment), a default notice under the CCA is a warning of impending termination(via the creditor) of the contract prior to court action.

        Did you have a period before you terminated where you were in arrears ?
        No all payments were on time. and I paid a lump sum when I terminated the agreement to bring it upto the 50%

        the record jumps straight from ok marker to default the following month.

        Comment


        • #34
          Re: Is now the time to move in on DCA's for wrongful defaults???

          Originally posted by Rickmaudib View Post
          No all payments were on time. and I paid a lump sum when I terminated the agreement to bring it upto the 50%

          the record jumps straight from ok marker to default the following month.
          I think I would send a complaint to the data controller of the company involved in the first instance, see what excuse they give, you could copy it to the ICO.

          How long did they take to remedy the error after you reported it ?

          Comment


          • #35
            Re: Is now the time to move in on DCA's for wrongful defaults???

            A quick update for my case:

            I wrote a polite letter to the DCA requesting their proposals to remedy and after 3 weeks received no reply.
            I have now sent a letter before action to the data controller with a further deadline of 14 days.
            Just sit and wait time now.

            Comment


            • #36
              Re: Is now the time to move in on DCA's for wrongful defaults???

              Originally posted by andy58 View Post
              The default notice under te CCA is a different thing to the default record on your credit file. A default on your credit file is a record of payment(or none payment), a default notice under the CCA is a warning of impending termination(via the creditor) of the contract prior to court action.

              Did you have a period before you terminated where you were in arrears ?
              This does not give the right to a DCA who has bought the debt to then set a default marker on your file! You can only be defaulted on a debt once.

              An account I have in dispute has recently become statute barred and has a wrongful default on it. Time to see if my chums 1st Crud remove it; what's the betting they blank my letter? :colbert:

              Comment


              • #37
                Re: Is now the time to move in on DCA's for wrongful defaults???

                My case's 8 week deadline expired on good Friday and the solicitors dealing with it on befalf of Motonovo Finance begged me for a 2 week extension to take the pressure off them!!!

                I agreed in the end. However they have asked for yet another raft of evidence for the losses I've incurred (approx 7-9 thousand over 2 years) apparently it takes 2 months to ask for this! I asked the solicitor "did it matter as I was going to be going for (unspecified damage to credit worthiness) as per Durkin vs HFC & DSG"

                He still wanted the information so he could go back to his client with the best guidance for them.

                So it's still a waiting game. they have had this complaint for 8 weeks and he maintains that Motonovo are still investigating the incorrect default marker.


                should be interesting.

                Comment


                • #38
                  Re: Is now the time to move in on DCA's for wrongful defaults???

                  Long time without updates from me, but huge thanks must go to Paul at Howlett Clarke for dealing with Lowell on my behalf.
                  Following discussions with Lowell an amicable conclusion has been met although they did drag their feet right to last.

                  THANKS PAUL

                  Comment


                  • #39
                    Re: Is now the time to move in on DCA's for wrongful defaults???

                    Really interested in this, as I have an issue re Lowells placing defaults on my file for debts which are and have been statute barred since October 2013.

                    Comment

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