Doubt it was the dca that defaulted you?

Would have been the OC upon sale to them

But anyway the OC only has to prove one was sent not hold copy

I'm not entirely sure who created the initial default notice.

From what I understand, when the debt is sold on the DCA changes the default into their name (it is in the DCA's name now).

in any case,

they have told me they don't have a copy.

Should I continue to threaten to complain to the OFT/ICO,or just refer it to them now ?

neither,

the original creditor would have defaulted the debt upon sale

the DCA then inherits that info and cant change it

all that happens, is as you've stated above:

is their name [the debt buyer] is substituted where the original creditors name was listed in the credit file

and as long as they don't change the defaulted date

they've done nothing wrong.

who is the DCA ? Who was the original creditor? what type of debt was it?

all that has to be proved is that a default notice 'was' sent

not a copy of it.

this information will be contained in the comms log or the account log

available from the OC via an sar.

I very much doubt there will be an issue there.

a default notice does not have to be issued to default a debt.

OK, thanks. That makes sense.

The OC is Vanquis, DCA is Lowell.

Could you just clarify this part of your reply ...

all that has to be proved is that a default notice 'was' sent

not a copy of it.

So you're saying a copy of the letter isn't required.

they just need to prove that they have a log of the Default notice being sent.

a default notice does not have to be issued to default a debt.

this seems to contradict what you said previously?

Sorry not trying to be pedantic, just want to know if if it is worth perusing or not.

I was following this guide [link removed - the old 3 letter trick!!- dx]

all the creditor has to do is prove one was sent - simple entry in comms log will do.

there is NO LINK between a Default Notice and the registering of a default.

a DN is simply telling you they 'might' file one.

you need to read the ICO guidance

Puma the guide you are following in the link was written around 6/7 years ago and as such should be treated as out of date.

It is correct that the paperwork must all be correct and in order to enforce at court but those letters simply dont work anymore, the banks are wise to them and play hardball until theres a sniff of having to go to court over it.

I've recently been quite successful in having some payday loan defaults removed.

in 2013-2014 I was a bit silly. I already had a Vanquis card with about £1500 on it, and ended up taking out a wonga loan, Payday Express, and finally a Sunny payday loan.

Long story short,

Wonga loan was wiped when they got busted by the FCA back in 2014.

I wrote to Sunny saying I dont think they should have lended to me as my financial situation was already bad. They replied telling me they agreed and would remove the outstanding debt and Default on my credit file (which they have).

I sent the same letter to Payday Express, who didn't agree. So I passed it onto the financial ombudsman. They agreed with me and have asked Payday express to remove the default and wipe the debt.

My credit report is now looking a lot healthier! But I still have a default for about £1600 for a credit card with Vanquis/Lowell.

The time of the default occurred when I was in the middle of juggling three payday loans. If the payday loan companies and the financial ombudsman agree that the loans shouldn't have been given to me, and caused me to default on an existing credit card. Then by rights the credit card default shouldn't have happened either.

I'm not trying prove the credit card shouldn't be repaid here, but that the default was caused by three payday loans, that everyone agrees shouldn't have been given. And therefore the default should be removed.

Can anyone advise the best way to go about getting the wheels rolling on this? I guess I should write to the ombudsman again?

Or if you think I have no case.

The problem here is that you are trying to deal with unrelated parties.

You are saying that the default place by party C, was caused by the wrongdoing of party A and party B.

That is fair enough, but I'm not sure that you have any basis for bringing a complaint against party C because you are not alleging any wrongdoing by them. The best you could do would be to ask for some compensation from party A and party B – but frankly I think it will be very tricky.

three threads merged for full history

dx

three threads merged for full history

 

 

dx

Thanks, I'd actually forgotten about the previous posts regarding this.

In response to one of the earlier questions, I sent a SAR and received the following....

https://dl.dropboxusercontent.com/u/15771011/20161229.pdf

The initial thing that jumps out to me is the personal income on the application. 120,000, my income was closer to 20,000!