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    • Ah but if I didn’t pay PRA group could they default me?
    • We have a damp problem in a party wall in a Victorian terrace.  Both I and my neighbour have single storey extensions at the back (actually the front, but the back as originally built...) with roof terrace / patio area above, and a brick wall dividing the two terraces. This is standard in the road. (They also have a small conservatory joined to the first floor over part of their roof terrace) Some years ago we noticed that the internal party wall below the terrace was showing some signs of damp. We asked the neighbours if they had noticed a similar issue but they refused to engage with us. We hoped it was a condensation issue, and it was only occasional.  Over the years the dampness has got more frequent, and a couple of years ago we had our terrace completely redone, with the old flooring removed, new felting put down, new lead flashing, and decking on top. I stripped the wall below back to plaster and re-papered and painted. Last year the damp returned, but much more noticeably. We use a dehumidifier and can "extract" a couple of pints of water from the downstairs hallway sometimes - regardless of weather. There is black mould at the top of the wall, and it's clear the damp is coming top-down. I've lifted all our decking, put sealant along all felt joints, and silicone sealer between the lead flashing and brickwork that forms the dividing wall between terraces.  Since then there've been occasions when there has been surface water running down the wall, even when it's not rained.  We're pretty certain it's when the neighbour waters plants on the terrace.  The neighbours still won't engage, but we have persistent black mould, the paper is peeling off and the wall is wet from the top.  To check it's not our roof, at times when the wall has been dry I've thrown buckets of water at our side of the dividing wall on the terrace (and this obviously drains down onto the felting below the decking). The downstairs interior wall is unaffected by this - confirming the problem is coming from the neighbour's side. So what to do? Is this something we should be referring to our insurers? If the neighbours fail to fix the root cause (which is presumably perished roofing under their conservatory, or blocked drainage etc), is there anything we can do to stop it affecting us?  The internal wall is structural so I'm not really sure how a builder would approach the problem without access from the neighbour's side too.  We're planning on selling within the next 2 - 3 years but in its present state it's hard to see how someone would take it on, at least without a big price drop.  Any suggestions very welcome! 
    • defaulted debts vanish from your file regardless to payment on the registered defaulted dates 6th birthday   NON defaulted debts will sit on your file for 6yrs yrs from last payment - i e the debt becomes statute barred,-  but that does not automatically guarantee they will be removed.
    • Yes if defaulted but my non defaulted ones sit there
    • but thats how long it will show from settlement payment on your file if you make one or  if you leave as is..same result but far cheaper....   dx  
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donatello11

Advice on default letter

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Hi

 

I have been disputing a default I got from a creditor. I have asked for a copy of the default stating that I never received a notice at the time, and after several letters ignored, I have finally received a response.

 

The letter says that due to them accepting an offer from a debt management company they would be defaulting the account within 2 months. Thats it. No, option to avoid the default.

 

They say that they do not keep copies of the letters they send out, but have sent me out a template that would have been used at the time.

 

The default that was originally registered was 15 months after the debt management company approached them, this has been changed after a complaint. But the letter they now say they sent out, which said we have been approached by your DMP company would have been 1 1/2 years late. They are making it up.

 

Basically I didn't recieve a notification and they have sent me a template of a letter that I 'would' have received.

 

Can I take this further, and if I can what do i do now.

 

Many thanks

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Hi donatello11,

 

The ICO's guidance on filing a default on your credit record states it should be timely and that ideally you will be forewarned about it going on. This normally means you receive a letter stating they will place a default on your credit file and file an actual default within 6 months at max. The Date of the default HAS TO be accurate and this you should challange if you feel its wrong.

 

A default notice issued under the CCA is different although it can be used as the method of advising when a default will be placed on your creditfile. Their are statutory requirements on the form/content of this document and the amount of time you have to resolve the issue prior to a default being issued or the agreement terminated.

 

When customers go into debt management schemes the lenders tend to issue default notices as standard and then mark the credit file as in default but continue to accept the monies being repaid even tho they are at a lesser level than the normal agreement.

 

If they say they sent a default notice and you never recieved one then a Subject access request should be sent to the original lender (example can be found in the template letter section) and ensuring you specifically ask for the comms log which should show an entry if they sent out the default notice.

 

Most if not all lenders do not keep copies of the actual default notice as these are mailmerge type documents that get sent out in large batches.

 

S.


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Deal with your debts:

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is it possible that the amount shown on the default notice might have included unlawful charges/fees?

if this is so, then that will make it invalid.

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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