OUSBA Invalid DN and Challenge to Equifax

[ryanmummy1610]

I have been recently been made aware of a default notice applied to my credit report for OUSBA - Open University Lender. They have sent me a copy - see attached.

Firstly, I note the default notice is dated 4 July 2014 (Friday). Presumably, the notice was served by first class post. The remedy date within the DN is dated 18 July. Assuming they did post by first class, then shouldn't the correct remedy date be the 22nd July or afterwards?

In addition to this, when looking at the information held by Equifax, it shows the default date as the date I received a letter from OUSBA terminating the agreement which was 25 July 2014. Surely, this date should be the actual date the default occurred?

It also displays £325 as the default amount when in fact the arrears for the default was less.

Upon this information, do you think I have grounds to challenge the validity of this notice and information which is not factually correct at the CRA?

[ryanmummy1610]

Re: OUSBA Invalid DN and Challenge to Equifax

Anyone able to help?

[nemesis45]

Re: OUSBA Invalid DN and Challenge to Equifax

Hi welcome to LB

I agree there should be 14 days for remedy, not knowing when exactly the DN was served makes
it difficult.
The Default should show only the arrears and if not remedied the whole of the outstanding balance
is then due.

The date on a default notice is nothing to do with the date the default is placed and registered with
the CRA's it can be up to 6 months later.
I suspect that if challenged they will simply issue a new default notice as has happened before.
The letter of Termination may be considered as the date the creditor can Demand Immediate Repayment
of All Outstanding monies in full.

As this is more than a year ago personally I would place notice of correction /dispute on all
CRA files this has been reported to and take the matter up with the Data Controller of the lender.
Are you being pressed for payment on this account.

nem

[ryanmummy1610]

Re: OUSBA Invalid DN and Challenge to Equifax

Thanks for the reply.
I think my best hope here is the date remedy which I am assuming they sent by first class post. Although, when i spoke to someone to day about their post system, they admitted it sometimes goes first class. Also the CRA displaying incorrect information. I am not been pressed for payment by them and would pay this but feel if I paid, they would still display the invalid data/default.

[nemesis45]

Re: OUSBA Invalid DN and Challenge to Equifax

Thanks for the reply.
I think my best hope here is the date remedy which I am assuming they sent by first class post. Although, when i spoke to someone to day about their post system, they admitted it sometimes goes first class. Also the CRA displaying incorrect information. I am not been pressed for payment by them and would pay this but feel if I paid, they would still display the invalid data/default.

Unless you challenge it's going to remain on file, leave alone it still comes off CRA files 6 years from the default date paid or not.

nem

[FlamingParrot]

Re: OUSBA Invalid DN and Challenge to Equifax

Thanks for the reply.
I think my best hope here is the date remedy which I am assuming they sent by first class post. Although, when i spoke to someone to day about their post system, they admitted it sometimes goes first class. Also the CRA displaying incorrect information. I am not been pressed for payment by them and would pay this but feel if I paid, they would still display the invalid data/default.

The Default Notice is defective in that it does not give enough time to remedy the breach, it gives just 14 days but even by first class post you wouldn't have received it on the day it was issued. However, that would be relevant if a claim was issued, otherwise there isn't much reason to argue about it.

If you paid the outstanding amount in full the entry would be marked as satisfied but the default would still stay on file for six years. :mmph: