Default Notice, help needed

[unfortunatelybroke]

Hi
In November 2002 due to financial problems I had to go on a DMP with the CCCS. At this time because I was unable to make the minimum payments to my Credit Cards I had default notices issued by every creditor, Capitol One being one of these creditors. I have recently applied for a basic bank account with a high street bank but they have turned me down and their excuse was that they had looked at my Experian Credit Report and based their decision on this report.
I have now received a copy of my CR and Capitol One have issued another default notice exactly 6 years after the first one, the report states (Gone Away), but I told them and my other creditors that I had changed address ( I have a letter from Capitol One dated 9 month after the default was issued teling me that the default was sent to my previous address due to an administrative error on their part) they were accepting payments on the DMP from Nov 2002 up until Feb 2010 but have issued this default showing Gone Away status yet no mention that they were accepting reduced payments from the CCCS.
My questions are..... 1.... I have asked the creditor for a copy of our agreement but all he has sent me is a copy of the application form telling me that this is the agreement, and 2... is this 2nd Default Notice legal. and 3... how many times can they issue a default notice.
Capitol One have told me that they will not correspond with me further as they have passed this debt to Cap Quest. So who do I write to regarding this error.
Thanks

[Tya]

Re: Default Notice, help needed

Hi
In November 2002 due to financial problems I had to go on a DMP with the CCCS. At this time because I was unable to make the minimum payments to my Credit Cards I had default notices issued by every creditor, Capitol One being one of these creditors. I have recently applied for a basic bank account with a high street bank but they have turned me down and their excuse was that they had looked at my Experian Credit Report and based their decision on this report.
I have now received a copy of my CR and Capitol One have issued another default notice exactly 6 years after the first one, the report states (Gone Away), but I told them and my other creditors that I had changed address ( I have a letter from Capitol One dated 9 month after the default was issued teling me that the default was sent to my previous address due to an administrative error on their part) they were accepting payments on the DMP from Nov 2002 up until Feb 2010 but have issued this default showing Gone Away status yet no mention that they were accepting reduced payments from the CCCS.
My questions are..... 1.... I have asked the creditor for a copy of our agreement but all he has sent me is a copy of the application form telling me that this is the agreement, and 2... is this 2nd Default Notice legal. and 3... how many times can they issue a default notice.
Capitol One have told me that they will not correspond with me further as they have passed this debt to Cap Quest. So who do I write to regarding this error.
Thanks

Hi unfortunatelybroke,

Answer to question number 1. CCA ( agreements) don't seem to help that much these days as I have found out over the past year. But I'm surew that someone esle will come along a clarify this abit more for you.

Answer to question 2. You cannot recive a default on the same account twice. This is fact!

Also, please have a look at this information:-

Can I ask for information to be removed from my file?

The agency will leave the information on your file for at least 6 years. Information held by agencies includes:

• Credit accounts "in default". These details are deleted after 6 years from the date of default.
• Settled accounts: these are deleted 6 years from the date the account is settled or when the last payment is made unless a "default" was registered.

This should mean that even if you settle a debt nearly 6 years after a default, the debt will be removed from your file 6 years from the date you defaulted.

• Bankruptcy orders. These are deleted 6 years from the date of the bankruptcy order. Your credit file details can be changed to show the date your bankruptcy order ended. You can send a "Certificate of Discharge" from bankruptcy to the credit reference agencies, but there is a fee payable to the court for the certificate.
• Individual voluntary arrangements (IVAs). These are deleted 6 years from the date the IVA was set up. You can ask for your credit file details to be changed to show the date the IVA was completed.
• County court judgments. These are deleted after 6 years from the date of the judgment.
• Administration orders. These are deleted after 6 years from the date of the order.
• High Court judgments. This information will be held by credit reference agencies from April 2006.

I hope this helps, I got the above info from this website:- http://www.insolvencyhelpline.co.uk/...agencies.php#6

[unfortunatelybroke]

Re: Default Notice, help needed

Hi Tya
So are you saying that if a creditor puts a default on your credit file then that creditor cannot put another default on your file for the same account after the six year period.

[Jadkins]

Re: Default Notice, help needed

Have you sorted this out yet? If not then I may, hopefully, be able to help you. I had a default added by Tesco Personal Finance 4 years into my DMP with CCCS because they said I had missed 6 months of payments! I hadn't because as you know you pay CCCS and they pay your creditors. Luckily I still had my statements from the CCCS which I kindly provided to them. Don't worry if you haven't because the CCCS can confirm this anyway. By the way it's pointless to ask for a copy of your credit agreement as it is no longer current and therefore they are not obliged to provide you with it.