A default on a credit file is unrelated to a default notice. The credit file simply records the fact you have defaulted, and it is up to the creditor when they decide to record it. There are no required notices to be served to go with it, so if you have defaulted then the registration on your credit file is legitimate.

That doesn't seem to make much sense to me I'm afraid. If a default on a credit file is unrelated then what is the whole point of default notices and pretty much every thread regarding default notices being served/incorrect and getting them removed?

Also seeing as a default notice is a statutory notice required by law I don't think it's something they can serve when they feel like it.

Yes they have marked my credit file. Though I had never received a default notice letter.

I then sent them a letter saying I feel this default was added unlawfully quoting CCA 1974 s.87(1).

They then sent this in reply, which I now find isn't even a default notice. So I'm not sure what I need to write back to them.

Thanks for that.

What would you suggest sending to the Creditor? A letter stating this is not a default notice but a notice of default. Therefore the default is not valid and I would like it removed from my credit file immediately? Or is there a formal letter for this?

Hello all,

I've received this "copy" of a default notice sent to me by a creditor. I never received it in the first place but now reading through, I can spot some glaring omissions, like the time period, underlining and bolding correct text.

Just so I know for sure can anybody take a look and tell me for definite that it is incorrect, then what should I say back to them?

Many thanks in advance.Deafult notice.zip

Hi guys,

I have a bridge loan with the company above. I have sent a CCA request letter and they have not provided me with an agreement (neither did they ever send a default notice...but I'm working on that). However they keep putting through an old standing order form relating to April 2011. This is for the full amount I supposedly owe them including ridiculous charges.

I have rang my bank to tell them to stop accepting it but they said as it's a signed document they have to process it??? I have also written in letter and email to the company saying to stop doing it as it is illegal while the debt is in dispute. However, this had had no effect.

Anybody have any idea's on what to try next?

Thanks for your reply. This all happened over 4 months ago so it is over the 120 day charge back limit. I have

never spoke to the DCA on the phone, they called my house phone where the debt was originally registered. Since

I work away for anything up to 6 months at a time I have never had any telephone contact with the DCA.

The debt owner is now listed as the DCA on my credit file. It is also marked as satisfied.

Not sure there is much I can do? As a CCA is only valid whilst the debt is outstanding?

Hi Guys,

Delving into my credit rating seems to have brought up quite a few issue's I never knew of.

Mackenzie Hall have registered a default notice against my credit file.

This relates to an old debt that was registered to my mothers address, she had told me people kept phoning and asking for me saying I owed money however I believed it to be the other Creditors I was speaking to.

I have now found out that they had called so much and told my mother numerous lies about court action and fines that she actually paid the debt!! Then to top it off I have checked my credit file to find they have registered a default against me without a letter or word of warning.

I am at a loss to know where I stand on this. Obviously the debt has been paid but the principle of getting an elderly woman to pay it and also to register a default after said payment just stinks.

Any idea's folks?

Not dim at all, sadly this is what a few of them actually say !!

 

Which is why I have suggested that you send the subject access request.. you need to specifically request the communication log/diary of events. That should detail all the actions they have taken on the account and if they have sent a Default Notice, it will be recorded.

 

As already mentioned, a DN is a statutory notice requried by parliament and needs to be compliant in itself. It needs to come from the original creditor, it needs to show the amount of arrears due and a date 14 clear days of posting time in order for you to remedy the breach they claim you have made.

 

Some creditors foul up pretty badly.. eg.. they claim the full balance is due (not permitted), they post on a Friday or bank holiday which doesnt then allow for sufficient time for posting (posting times are for business days only) The rest of the time allowance is calendar days.

 

Depending on when the DN was issued, there is a new document they also have to include which is mandated by the OFT. So lots of ways for them to fall foul of the regulations.. but if you have never received a copy..then you are unable to confirm whether they stuck to the rules.. however, they are the ones that have to prove it was sent to you

 

When you receive your SAR data, you should check it against your credit files and any statements you have..

 

The amount of arrears on the DN can only be monies actually due.. it cannot include default charges. You can check the amount of arrears against your credit files and statements to see if the amount they say they claimed on the DN is accurate. You can also check the date they say the Default occured against their records and the Credit reference files

Excellent! Thank you very much, that clears up alot of my questions.

Will see how I get on when the other 4/5 come back to me.

Default Notice - Although this is a statutory document and it is required to be sent to you before they can take further action.. they are not obliged to keep a hard copy.. therefore you will probably only discover whether this has been sent by looking at the communication log (diary of events) that you will need to request in the SAR.

Thanks for your help. Looks like I may be sending off a few more SAR's

As I did not receive a statement of account nor have I ever received a default notice letter.

This may sound a bit dim but couldn't a company just say they have sent out a default notice if they are not required to keep a hardcopy?

Hi Guys,

I've recently got around to getting all my debts in order and sending off CCA and SAR to the right people.

I have had my first letter back from a loan company.

They have sent me a signed CCA so I have no queries with that. However I know by the initial phone call i received from them they have placed charges and interest on my account, but there was no break down of this? Also I did not receive before or after the a copy of a default notice letter, which has been placed on my Credit rating.

Also to top it off the company who I originally took the loan out with have changed names. So that the original agreement with the company is not the same one who have registered a default on my account.

Any advice would be welcome? Ideally I would be looking at reducing the extra charges and removing the default? I have a few standard letters saved but would like to make sure I am getting this right as it is my first time.

Would a student loan taken in 1995 & 1 in 1997 also be statue barred after 6 years of non payment or acknowledgement

Yes a student loan taken before 1998 would be statute barred if there was no payment or acknowledgement...

Anywho, back to the orginal thread.

sadly the new loans can never be SB'ed

 

this has been discussed at length before.

 

dx

Is that a legal stance? Or just that they cannot be statute barred due to the fact they are taken direct from pay?

Has this ever been taken to court or discussed on a legal level?

Hi Guys,

Had a browse through alot of info regarding "new" style student loans.

I had a new style student loan in 2005, I have the dates and I have never made a payment nor acknowledged the debt, which would bring it into the 6 years from which was cause of action.

As it would stand this debt would be statute barred. But as the new loans are now "income contingent loans" the money is now taken directly from your employee pay. So they do not have to take you to court nor pass it on to a DCA.

However, all "Student loan agreements are simple contracts."

The key point I am making here is they are still "simple contracts" which brings me on to the main point of the limitations Act. We now look at the Limitations Act S.5

"An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued."

Also stated on the HMRC website.

Now are they stating that the only "action" they are referring to is taking the debtor to court to reclaim the money? Wouldn't taking money directly from a person's pay still be an "action". Therefore wouldn't this be breaking the law by taking action on a simple contract that has expired after 6 years?

Please let me know your opinions on this? Also if anyone knows it anyone has gone to court on this argument?

Hi, I'm afraid that there is no way

to tackle the default at this stage

in my opinion this is a correction

of an omission to file a default

as any deviation from the terms and

conditions relevant to the repayment

of the debt is a default, when

the entry is placed is not relevant

although this should be normally

within 6 months of the cause of action.

Were you issued with a default notice,

I would think so, did you pay in full within

the time scale of the default notice???

The only possibility is if no default

notice was issued, this is very difficult

to prove.

As it was a while ago I don't remember recieving a default notice from the intial Creditor nor the DCA, would it be worth doing a CCA or SAR letter?

Obviously if I knew they were going to put a default on my account I would have asked them at the time not to and offered to pay a full and final amount (which I did anyway). As there was no default on my account I assume it would not have been placed, but to see if turn up a month later after paying them in full has peeved me a little bit.

Any idea's?

Hello all,

I have read the site but haven't quite found a similar situation to this one.

A DCA company was sold one of my debts, I believe this was a payday loan I took out for a small amount. As it goes I lost my temporary job and had no idea it was comming. So while I was out of work I requested all Creditors bare with me and take reduced payments. Most of them did except one who passed the debt onto a collection company called Mackenzie Hall.

After telling them numerous times I was in no position to repay the debt in full they finally agreed to let me pay when I able to in full.

However, after doing so I checked my credit reference file to find they had registered a default against the account. I have looked and this is not a "change" of debt it is a brand new addition registered after it was paid in full.

Any idea's of going about and tackling this?

Many thanks.