I realise this, but do they not constitute any sort of legal entity? If it says this payment is due by 23rd October doesn't that mean the payment has not been missed and thus the account is not in default?

But how is it that it can be in default when the statement says the payment is not due until a future date?

My previous thread has highlighted a further, different query regarding my credit files and any default which may be recorded on them. I failed to make the payment on my Mastercard Charge card which was due 5 years ago in October 2003. Apart from the regular statement, showing the same unchanging balance each month I received no communication from my creditor until 3 weeks ago when they suddenly sent a default notice. Today they have sent a standard statement saying the payment is due by 23rd October. So, did it default in October 2003 when I failed to make payment, or was it September 2008 when the default notice was sent, or has it yet to default because they have sent a statement saying the payment is not due until 23rd October 2008? I obtained a copy of my credit files last week and this account does not appear on them anywhere at all, but if it is to be added to them now surely a default from 2003 would be due to 'roll off' my otherwise clean credit files in a year or so anyway. Any ideas?

Many thanks for all your help. I will obviously post any developments as they occur. However I am still mystified as to the date, if at all, this account defaulted. Did it default in October 2003 when the payment was not made, or was it September 2008 when the default notice was sent, or has it yet to default because they have sent a statement saying the payment is due by 23rd October 2008? I obtained a copy of my credit files last week and this account does not appear on them anywhere at all, but if it is to be added to them now surely a default from 2003 would be due to 'roll of' in a couple of years. It is all very confusing!

Thank you for your help. Is there an account in dispute letter template please?

Thank you!

Years ago, in the mid 1990's, when I had a high income, I obtained a Mastercard. This operated as a Charge Card i.e. the full outstanding balance was taken by direct debit from my current account each month. This operated without any difficulty until September 2003 when my house sale fell through and I was left in an extremely difficult situation. I immediately phoned to explain that I was unable to make the due payment in the October, which was just over £6,500. The creditor cancelled the direct debit and said they would contact me in a couple of months to ascertain my situation then. No one ever contacted me and every month a standard statement arrived showing the same balance outstanding and no payment made. The card expired in April 2004 but the statement continued to arrive each month. As the years passed by, it became apparent that the account had fallen into some kind of black hole within the system and I became afraid of contacting them lest they add a huge amount of interest onto the balance. During this time also, a number of calamities befell me and my income today is but a fraction of what it formerly was so I have never been able, and never would be able to pay the amount outstanding. Three weeks ago they suddenly sent a default notice requesting the full amount be paid within 17 days. I contacted them immediately and explained my position and made a token payment of £20. They have sent me a financial statement to complete and I can demonstrate that I have very little disposable income. Today I have received, as usual, the normal monthly statement which shows the balance as it has been for the last 5 years, and also shows the £20 payment deducted. It says, as usual, that payment is due by 23rd of the next month i.e. 23rd October 2008. My query is therefore: a)Has this account defaulted or not? How can I receive a default notice and then, 3 weeks later receive a standard statement saying the balance is not due for another month? b)I strongly suspect that the creditor will be unable to produce the original agreement, taken out in 1995. I have asked for this but it has so far not been forthcoming. If they are unable to produce this am I still liable? c)Do any members have any advice for me in this situation? Thanks and Kind regards