Default-Please could someone read my post and help me

[junior.252]

Hi all,

 

I have a default on my account which im hoping someone can help me out on. I apologise if information is avialable on this but i have checked and cant find anything.

 

I have a default on my account which was put on my credit file in december 2008 by the co-op bank, my credit file is clean apart from this default which is affecting me badly. I had an student account with co op and an overdraft which i used all up. Now co op closed my account due to no payments being made into the account and i only had the account for a year. My account was immediately passed on to a debt collection agency called phoenix who contacted me to discuss paying of the debt.

 

Now i originally set up a monthly payment plan with phoenix to pay of the debt off, which i did do for a few months until i ran out of money. It was a really stressful time for me doing my resits and waiting for the results. Its been 7 months since i last made a payment and i checked my credit file and a default has been placed on my file in december 2008, with the debt still unpaid.

 

Within those 7 months i have not heard from phoenix at all, and from what i can remember i did not recieve any letters stating i would get an default notice put on my account. Im not sure if they have to put in writing before they can issue a default so if anyone knows please tell me

 

If i contacted phoenix debt collection or co-op bank and made a lump sum for all the payments i missed and agreed to carry on making payments, do you think they would remove the default from my credit file?

 

Or should i try to ask for the copy of the original default notice they should have sent me?

 

Any help or advise on this would be greatly appreciated.

[BankFodder]

They would rather cut off their legs than remove the default.

 

Even if they have failed to complay with requirements, they will not remove it.

 

Are there any charges here? and do they equal or are they greater than the sum defaulted?

[junior.252]

Hi,

 

Thanks for replying back. No there are no charges what so ever on the account. There must be a way by me offering payments they would take this off. Is there anyone who can help?

[honeybee2009]

I got all my defaults from my divorce...They wont move them even though they say settled.

 

Im stuck for the next 6 years.........

[postggj]

is the default on your credit file in the name of co op or phoenix

[junior.252]

The default has been placed by Co-op, are co op more likely to agree to remove it if i explained my situation and that this default is really affecting me badly, its only thing bad thing on my credit file.........

[dx100uk]

they are quite entitled to default you, you broken the agreement.

 

the only way you might get it removed is via a gesture of goodwill, and they won't do that unless you offer to clear the debt totally.

then you might have a bat to hit the ball with.

 

dx

[junior.252]

I have been reading around and im no expert but i think in order to put a default on your file they have to inform you by letter that if you dont pay within a certain time you will be defaulted, is this right?

 

Im in no position to pay the full debt off, the total is £1300 and i have about £500 to pay them in a lump sum to clear some of it off.

 

There must be a way of getting the default off, maybe if i explained my personal problems and that was the reason why i stopped making the payments, but my problems are sorted out now im in a position now to start making payments and here is a lump sum of 500 to show im commited. What do you guys think?

 

Man never had any missed payments, always paid everything on time well before the due dates, and this one default has just messed up my credit file i cant get nothing, not even a job after a graduate, a credit check and good credit history is needed in my field.

[dx100uk]

I have been reading around and im no expert but i think in order to put a default on your file they have to inform you by letter that if you dont pay within a certain time you will be defaulted, is this right?.

 

yes they must inform you by letter a clear 14 days in advance, [in written dates quoting start & end] before they put it on your cra.

 

in otherwords, they must give you 14 days to pay.

 

dx

[postggj]

send them an sar

 

they will have to send a copy of the default notice along with every thing else

 

worth ten quid and send by postel order and recorded delievery

[junior.252]

Ok just say for example i send of the SAR request and they produce me with an actual copy of the default notice, what can i do?

 

If they dont provide me with a copy and adimit they didnt send one out, but i still do owe the money, what do you think they will do?

 

Im pretty sure they didnt send any notice, so should i wait until i have all the money to pay it all of, or should i offer to make repayments if they dont have a valid default notice?

[dx100uk]

default notice or not, you still owe the money.

 

its the CCA that will determine if the agreement is enforceable or not. [pay money or not]'

 

sar them, include a line about copies of any default notices sent , then post up what you get back.

 

dx