Getting rid of my default. Have I got a case?

[claire x]

I had a HFC (Marbles) Credit Card. I didn't exceed my credit limit until banks started charging me.

 

However I also didn't pay anything for a few months due to being out of work. I did communicate this with them but they didn't offer me any help or advice. They just sold the debt to Westcott Credit Services. I eventually found work and started paying £20 per month over the phone with Westcott until I was in a position to settle the amount in full (when they offered me a settlement figure).

 

I am in the process of claiming the charges back. However can I get rid of the default too?

 

:-|

[thewifeandI]

You will only be able to attempt to get rid of the default if it was mainly due to charges - it doesn't sound like the case here though, as you were probably defaulted for not making payments. However, you can still claim back the payments - see the FAQs for more guidance.

[claire x]

I've looked through the FAQs and what I can gather is that if the amount owed was mostly charges I would have a case. However I did call the bank on numerous occasions to say that I was out of work. I said that I could afford to pay £20 per month but they didn't explain anything about defaults. If I'd have paid a token amount I would have been in a better situation. But the impression they gave me was that I had to pay the amount on the statement and that was all they could take. They hassled me over and over about payments. I ended up on anti depressants. I couldnt pay them any more than what I'd said. Eventually I ignored them because I couldnt take their hassle anymore. A little while later I started getting letters from the debt collection agency. I never received a default letter. As soon as I was swapped over to the debt collection agency I started to pay £20 per month immediately until I settled on a settlement figure as they explained that I just needed to offer something.

[claire x]

Thanks for your advice

[thewifeandI]

There may be a case if you weren't notified of the default, and especially if it was mainly down to charges. It would have been better at the time (isn't hindsight wonderful! ) to have put the balance in dispute and pay a token amount but there's not much you can do about that now...

[claire x]

I've sent off my data protection letter. Will that show whether I'd received a default letter or is it my word against theirs?

 

And yes hindsight is great! I wish this site had been around when all my troubles started. I just used to believe that these people are honest and trustworthy and it was all my fault. How wrong could I have been! Also when you're young and naive taking on the banks is a scary thing to do. I suppose that's what they want though! And that's why they make these procedures so hard and drawn out.