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To give you a little background I am now at the stage where all of my accounts are all settled or stat barred and i'm waiting for all of the defaults to drop from my credit report. The majority will drop off this month and next. However, I have a few that, according to my credit file, will not drop off until next year.
1. The first account, has 6's on my credit file from March 2009 to May 2011. There is no default on this account. The account started life as a Goldfish credit card and then became owned by Barclaycard. At the time of the change there was a change of account number. The new account number is not shown on my credit file, only the old one is. I have a letter, from Mercers, dated December 2008, which is a Default Notice served......etc. The question is this, should I not have a default on this account on my credit file dated January 2009, rather than the 6's from March 2009 to May 2011? Do I have grounds for complaint? And if I do, on what basis?
2. The second account is a Blackhorse Hire Purchase agreement. My credit file states that this account defaulted in September 2010. I have four letters from Blackhorse.
The first is dated October 2008. The letter states that "This is a notice of default sums and is given in compliance with the consumer credit act 1974" It goes on to state "Date default sum became payable" which is a date in Oct 2008. It says "Nature of default sum - 10 day collection activity fee" which is £25. "We request that you pay this amount without delay. This notice does not take account of default sums which we have already told you about in another default sum notice, whether or not those sums remain unpaid"
The second is dated February 2010 and is a clear default notice served under s87(1)
The third is dated May 2010 and is a clear default notice served under s87(1)
The fourth is dated August 2010 and is a clear default notice served under s87(1)
For the default notices, 2nd, 3rd and 4th, the total paid at the date of the notice remains the same which is around £23000 of what was a total payable of around £33000.
The question with this case is which date is the date of default? Does letter one constitute a default? Could it be argued that it is? Or if any of the subsequent letters are a default then which one should have been the default point upon which a default should have been added to my credit file?
Do I have ground for complaint and on what basis?
3. Finally. There were a couple of current accounts with LloydsTSB that had overdrafts. I did not pay anything into these accounts since November 2008 (the latest one, some were sooner). I never touched the accounts. I have a default notice for one of the accounts dated October 2008 and this one has a default on my credit file dated Nov 2008. However, one of the other accounts does not have a default until June 2010. All of the accounts were overdrawn.
Should the latter account have defaulted sooner? At the same time as the other account? Do I have grounds for a complaint? On what basis?
What I am hoping for is to be able to shift these defaults on the Blackhorse HP, Barclaycard, and Lloyds Current Accounts to an earlier date, preferably in 2009. Has anyone had any success with this? How did they go about it?
Thanks, and I look forward to your responses.
MrF
1. The first account, has 6's on my credit file from March 2009 to May 2011. There is no default on this account. The account started life as a Goldfish credit card and then became owned by Barclaycard. At the time of the change there was a change of account number. The new account number is not shown on my credit file, only the old one is. I have a letter, from Mercers, dated December 2008, which is a Default Notice served......etc. The question is this, should I not have a default on this account on my credit file dated January 2009, rather than the 6's from March 2009 to May 2011? Do I have grounds for complaint? And if I do, on what basis?
2. The second account is a Blackhorse Hire Purchase agreement. My credit file states that this account defaulted in September 2010. I have four letters from Blackhorse.
The first is dated October 2008. The letter states that "This is a notice of default sums and is given in compliance with the consumer credit act 1974" It goes on to state "Date default sum became payable" which is a date in Oct 2008. It says "Nature of default sum - 10 day collection activity fee" which is £25. "We request that you pay this amount without delay. This notice does not take account of default sums which we have already told you about in another default sum notice, whether or not those sums remain unpaid"
The second is dated February 2010 and is a clear default notice served under s87(1)
The third is dated May 2010 and is a clear default notice served under s87(1)
The fourth is dated August 2010 and is a clear default notice served under s87(1)
For the default notices, 2nd, 3rd and 4th, the total paid at the date of the notice remains the same which is around £23000 of what was a total payable of around £33000.
The question with this case is which date is the date of default? Does letter one constitute a default? Could it be argued that it is? Or if any of the subsequent letters are a default then which one should have been the default point upon which a default should have been added to my credit file?
Do I have ground for complaint and on what basis?
3. Finally. There were a couple of current accounts with LloydsTSB that had overdrafts. I did not pay anything into these accounts since November 2008 (the latest one, some were sooner). I never touched the accounts. I have a default notice for one of the accounts dated October 2008 and this one has a default on my credit file dated Nov 2008. However, one of the other accounts does not have a default until June 2010. All of the accounts were overdrawn.
Should the latter account have defaulted sooner? At the same time as the other account? Do I have grounds for a complaint? On what basis?
What I am hoping for is to be able to shift these defaults on the Blackhorse HP, Barclaycard, and Lloyds Current Accounts to an earlier date, preferably in 2009. Has anyone had any success with this? How did they go about it?
Thanks, and I look forward to your responses.
MrF
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