Default Notice not received, but marked on my credit file..

[zosaphine]

Hi

Having an issue with Ikano Financial, re my Oasis Store card.

 

I received a letter telling me my account had been passed to a DCA as i had not complied with the Default Notice.

 

I immediately called Ikano as i had never received a Default Notice, and she advised they would send me a copy.

 

I received this on Friday, and having read this site, it appears that it is a valid default notice (but i will scan & upload this tomorrow for you guys to have a look at).

 

I will be making the payment to Ikano directly tomorrow for the amount quoted as arrears (£67) to bring the account back in line, as was stated on the DN...although the date given for rectifying the breach has passed..which is why it's now with a DCA

 

On a separate issue, i have today sent a letter to Ikano to reclaim the charges totaling £240 off the outstanding balance of £405!

 

My questions are:

1) As i didnt receive the DN, is there anything I can do to have the default removed off my credit file?

 

2) Can i insist the account be re-instated?

 

3) Can the DCA hassle me for the rest of the money whilst the charges dispute is on-going

 

and..

4) .. Can i pay the balance to Ikano directly?

[Bazooka Boo]

A number of issues here:D

 

The letter you received was from Ikano? Did it say they had "sold" the debt, or merely passed it onto this DCA?

 

If it has been sold, then Ikano are unlikely to take the payment, as it is now in the DCA's hands:mad:

 

Your argument should be that as they failed to issue the DN correctly (IMHO it should have been sent recorded) then you will only pay them the arrears and not any third party.

 

I would also argue with them and the CRA that this DN was not issued correctly and therefore should be removed, but don't hold your breath:mad:

 

The worst that can happen is that the default will be marked as satisfied, and drops off in six years:D

 

Get a copy of Ikano' complaints procedure aswell, and make sure you follow it through to it's entirety.

 

As for the DCA harassing you for payment whilst the dispute over charges goes on, no they cannot chase you for it, it might take a letter telling them that the account is in dispute waiting the outcome of your claim RE. charges, and if they continue to chase you for payment after that, a complaint to the OFT (for what it's worth!) should be your next step.

 

Boo;)