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Default notice help


Guest Fallenangel
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Guest Fallenangel

Hi, have posted regarding this before, I defaulted on a loan with Yorkshire bank in 1998, and received a default notice at that time. I have been paying an agreed amount ever since, first to Brunswick, and then of late, to jeremy sutcliffe and co. I CCA'd these and got a copy back on the 12th day. I also questioned the fact that I have received a further 2 default notices on the same loan during the past 10 years, and it's still going strong on my credit report.....10 years later.

 

Since I questioned all this the debt has been sold on and the new owners are NCO Europe.

 

I have kept ever bank statement etc from before 1998 so am well armed with paperwork!!!

 

What I'd like to know is what can I do about the defaults? Is there something written in the consumer credit act somewhere stating only 1 default should be issued for the life of the debt??

 

PLEASE help as It's doing me head in now!!!:-(

 

FA x

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You should only be defaulted once for a particular debt. I would write to complain to the data controller at whoever has registered the 'extra' defaults and ask for them to be removed. Do this in writing & send recorded or special delivery & keep a copy.

 

If they don't comply you can then complain to the Information Commissioner:

 

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

 

Tel: 01625 545745

Fax: 01625 524510

E-mail: [email protected]

Website: www.informationcommissioner.gov.uk

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Guest Fallenangel

Hi powell and thanks for that but what they have done, in my opinion, is use the 3 defaults to keep the ONE outstanding debt on my credit file. It only shows the one debt to that bank, but its been running since 1995 and it's still current on my CR??????

 

Thats where I am lost and dont know what to do about it. I dont dispute I owe them just over 2K but they have been happy to collect for the last 10 years why sell it on now after I questioned the issue of the 3 defaults?

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Guest Fallenangel

BUMP..

 

Can anyone give me an idea of a letter i could send YB about these defaults?

Of course quoting any references to the laws that are relevant to this....

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  • 1 month later...
Guest Fallenangel

Hi have found out that the default notice for my account was actually put onto my credit file in june 2003, when the account was in default from november 1997!! Why would yorkshire bank wait all that time to add a default onto my file? Also they have passed this debt onto NCO now, and in the letter from NCO it clearly states that the debt has been "assigned" to them, but YB are saying it has NOT been assigned to them. They have admitted issuing me with 3 default notices,but only putting one on my file, and now can anyone give me any idea about what to do next?

 

I am withholding payment untill I am satisfied this has been sorted out.

 

Thanks

 

FA x

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Hi, have posted regarding this before, I defaulted on a loan with Yorkshire bank in 1998, and received a default notice at that time. I have been paying an agreed amount ever since, first to Brunswick, and then of late, to jeremy sutcliffe and co. I CCA'd these and got a copy back on the 12th day. When did you make this request ? Did you have this "copy" checked out on here ? Who are Jeremy Sutcliffe & Co ?... a new DCA ? "solicitors" ?I also questioned the fact that I have received a further 2 default notices on the same loan during the past 10 years, and it's still going strong on my credit report.....10 years later. A default should only stay on there for 6 years... somone needs to justify themselves here. :cool:

 

Since I questioned all this the debt has been sold on and the new owners are NCO Europe. Ok... CCA these guys immediately (rec. delivery). Don't sign the request, just print a signature. I know you have already CCAd this account, but seeing as you've received a copy of something back in the past, it seems to be the easier option and it's only £1 (plus rec. delivery fee).

 

I have kept ever bank statement etc from before 1998 so am well armed with paperwork!!!

 

What I'd like to know is what can I do about the defaults? Is there something written in the consumer credit act somewhere stating only 1 default should be issued for the life of the debt?? No.

 

PLEASE help as It's doing me head in now!!!:-(

 

How much was the loan for ? How much is allegedly still outstanding after all these years ?

 

FA x

 

:)

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Guest Fallenangel

Ok. The copy is a true copy, it has all the perscribed terms and conditions etc, but what was missing was a full statement of account. It currently has an outsatnding balance of £2500. the loan was made up of the original amount plus interest, and when we defaulted in 1997 it was aounrd £6K. We have been making token payments ever since, and the outstanding balance is correct.

 

Jeremy Sutcliffe is their in house solicitor I think. Who, I might add are a nightmare!!. It was only after I began questioning the defaults etc that they passed the account to nco. Now they are saying its just been "looked after" by them, because I said it was a breach of data protection to sell on the account without notifying me, and they (YB)have never written to me about this. Thats B*****Ks cos it states in letter from nco the debts been "assigned" to them.

 

I have written to nco stating the account is in dispute cos I feel that it is untill the defaults are sorted out.

 

What concerns me now is the fact that the default was put onto my file in 2003 and not in 1997 when I defaulted.

 

Why would they wait all that time? so, in effect, I am being punished now untill 2009 for a debt that was defaulted in 1997.

 

What course of action should |I take next? Should I inform the Information Commissioner? Somethings clearly not right here, and I am going to get to the bottom of it.

I remortgaged my house in may 2003 and it seems a bit of a coincidence that in june 2003 they decide to add this default.

 

What else can I do guy's? I have read such good advice on here......please help.

 

FA x

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I have written to nco stating the account is in dispute cos I feel that it is untill the defaults are sorted out.

 

That's not good enough. An account is only in disupute legally through a CCA request. Since the account has been sold on... or you suspect it has, CCA this new lot (by rec. delivery) straight away.

 

What concerns me now is the fact that the default was put onto my file in 2003 and not in 1997 when I defaulted.

 

If you have not sent a S.A.R - (Subject Access Request) for re-claiming charges, then it's worth sending one to the original creditor. That way you will have access to all data they hold on you as well, including info. relating to the fresh default in 2003. From here, you will have evidence for various bods., including Trading Standards and so on.

 

Why would they wait all that time? so, in effect, I am being punished now untill 2009 for a debt that was defaulted in 1997.

 

What course of action should |I take next? Should I inform the Information Commissioner? Somethings clearly not right here, and I am going to get to the bottom of it.

 

I'm not sure that the Information Commissioners Office are interested in defaults as such... but they do deal with Data Protection issues. Therefore, it'll do no harm to get a complaint off to them anyway, since it takes them ages to get back to you and by the time they do, you will have a reference number for your data protection complaints.... ;)

 

I remortgaged my house in may 2003 and it seems a bit of a coincidence that in june 2003 they decide to add this default.

 

What else can I do guy's? I have read such good advice on here......please help.

 

FA x

 

:)

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