legal default?

[martin2006]

hi all,

in 2000 i lost my job and defaulted on a loan with black horse.

is there a time limit in which they have to default an account?

it was actually regd on my file in aug 2004.

any advice greatly appreciated

thanks

[Seminole]

Sorry, I don't think they have done anything incorrect there.

[Mike220359]

Surely though this cannot b correct since if the default was issued some 4 years after the incident the consumer is actually blacklisted for 10 years rather than the statute 6

[martin2006]

That was exactly what i thought but how can i challenge it legally? If anyone can enlighten me on default regulations and how they have to be executed i would greatly appreciate it

[deemacperth]

A credit file default isn't technically the same as a County Court Judgement.

 

The credit agencies say it will stay on your file six years from being settled, so it could actually be on your credit file for 20 years if thats how long it took to get it paid off.

 

The best thing to do is to write to black horse disputing it and asking for a copy of the default notice, if they can't provide it, they have to remove it.

[martin2006]

thanx deemacperth

ive just spoken to them and they said they dont have a copy of the original credit agreement, so therefore no CA, cant be defaulted...yes?

will keep all posted as to what they say in reply.

[martin2006]

Got the reply today and they have found the original credit agreement and sent it to me. Ive been reading through sarahhk thread on defaults with great interest.

Hopefully i can have it removed now coz the agreement is terminated and permission to place info on my file is also terminated since the default in itself terminates the agreement.

Think ive got that right.

[Neo]

Got the reply today and they have found the original credit agreement and sent it to me. Ive been reading through sarahhk thread on defaults with great interest.

Hopefully i can have it removed now coz the agreement is terminated and permission to place info on my file is also terminated since the default in itself terminates the agreement.

Think ive got that right.

 

Please let us know. just because they can produce a CCA agreement, it doesn;t give them the right to put a default on your account.

 

ig they cannot produce a Default notice (before late 2005, banks tended not to keep a true, signed copy - they have tightened up their act now) then they don't have a leg to stand on. Don't be fobbed off when they try and send you a "template copy"

 

NEo

[alexliverpool]

got this off experian FAQ's about defaults and how long they stay on your file for.

 

 

Accounts that are still being used will continue to be held until the account is closed and then for six years after settlement. Defaulted accounts are kept for six years from the date of the default, although the current balance should show if payments have been made since the default or if the account has now been fully paid.

 

i think then that the default should be removed after six years then, anyone lese have any thoughts or know if this is true?

[Lizzy]

Yes sounds like removed 6years after the defaulted date.

[ecobabe]

Neo et al, do you know what specific legislation covers the copy of the default notice, i've been sent a template and told they don't keep original copy. want to make sure I'm confident when I email them again, I don't see mention of it in CCA 1974, but maybe the terms of the Act cover it

[Neo]

ecobabe - have u found the answer to this... check the legalitities sction - there is loads on there

[martin2006]

Hi all, sorry for not updating this thread sooner but been really busy with gettin my charges back. Anyway, i got the copy credit agreement from Black Horse.

Then after much reading on here found the template for the alternative approach to default removal supplied by Surlybonds, what a letter!!

(its in the templates library). That was sent on 23-8-06 and requests, amongst other things a copy of the default notice, which i never received. It also gives them only 5 days to comply. Anyway its now 1-9-06 and ive not heard diddly squat from them. Time to complain to trading standards and the ICO me thinks.

[martin2006]

This is the letter i sent, take time to read it properly so you fully understand its contents. For my money its brilliant and a whopping thanks goes to Surlybonds for spending so much time preparing it.

 

http://www.consumeractiongroup.co.uk/forum/legalities/24013-defaults-proposed-method-removal.html

[ecobabe]

Neo, thanks I scoured the CCA and found this,

 

87 Need for default notice

(1) Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,—

(a) to terminate the agreement, or

(b) to demand earlier payment of any sum, or

© to recover possession of any goods or land, or

(d) to treat any right conferred on the debtor or hirer by the agreement as terminated, restricted or deferred, or

(e) to enforce any security.

I have quoted this to them and stated that since they do not have true copy and I never receievd one then they can't prove it was posted. They have got a continuance and have referred it to their senior partner

[martin2006]

i sent the above letter and s10 statutory notice on 23-8-06. I have not heard a thing from black horse and the 21 days are now up. Should i be taking a trip to the courts with an N1 in my hand?

[Tinkerbelle]

i sent the above letter and s10 statutory notice on 23-8-06. I have not heard a thing from black horse and the 21 days are now up. Should i be taking a trip to the courts with an N1 in my hand?

 

As SB suggested .. make the CRA do the work.

 

Write to them and tell them you are disputing the entry as incorrect. They will then contact Black Horse. Make sure you tell them you have never received a copy of the default notice, and unless they can produce the original default notice they should remove it.

 

There is some info in this forum about it somewhere. I'll see if I can find it.

[martin2006]

Thanks tinkerbelle

[Tinkerbelle]

Some advice here.

[Lizzy]

And here for the N1

http://www.consumeractiongroup.co.uk/forum/legalities/31470-statutory-notice-compliance-forms.html

[martin2006]

Many thanks

Just a quick question though,

Part of the letter penned by SB asks for a copy of any default notice,should i therefore wait the 12 + 30 days before filing for non compliance of statutory request or does the stat request override this?

[martin2006]

Well i rang the compliance dept and spoke to a guy who shall remain nameless.

 

Heres the text of what i received from them.

 

Whilst i have noted your assertion that yur data has not been processed in accordance with the Data Protection Act or with your consent, i confirm this is untrue.

I attach a copy of the credit agreement document which you have signed, in relation to which information has been recorded with the credit reference agencies. The data protection: What We Will Do With Information terms on the front of the agreement document you signed, confirms that details of the agreement will be recorded with credit reference agencies. Termination of the agreement does not terminate your authority for us to process data in relation to the agreement.

With regards to the time information relating to this agreement will be held by the credit reference agencies, you have been correctly advised that it will be 6 years from the date of last entry. Whilst this is an industry standard period with which we comply, The Information Commissioners Guidance on defaults also confirms this is the period for which default information will remain on file.

As such i confirm that the credit reference agency records created in relation to this agreement have been in accordance with the Data Protection Act and will not be removed.

 

 

 

Any ideas for what next?

[simonjohn]

hi all,

in 2000 i lost my job and defaulted on a loan with black horse.

is there a time limit in which they have to default an account?

it was actually regd on my file in aug 2004.

any advice greatly appreciated

thanks

 

Martin, Did they issue you with a default notice in 2000. ?

 

If they Did, do you still have a copy of the default notice and how long after the default notice did they close the loan account.

 

If its the case that they issued a default notice, in say, july 2000 and terminated the agreement, in say, august 2000 then the default date on your credit file would be july 2000.

 

Lenders have a duty to ensure that information they provide to the credit reference agencies is accurate, so if the foregoing applies to your circumstances then you have a good case to approach the credit reference agencies with a copy of the default from 2000 and insist that they correct the information they hold on you.

[martin2006]

There was no default notice received at all.

 

They just placed a default marker on my account in 08-2004.

Ive now complained to the ICO and am awaiting their response.

 

If i get no joy there it will be off to court for not complying with statutory request.

[martin2006]

I wrote to the ICO but they have such a backlog of complaints it can take 8 - 10 weeks to get a proper response from them so i also penned another one to black arse. i rang them last week to make sure they had received it, which they had and he also said that he would reply the following day.That was a week ago and heard no more as yet.

 

My point in the latest letter being that the date of the default is 4 and a half years later than it should be. See if this goes anywhere.