default help needed please

[doughboy1]

Hi,

hoping someone can help with this.

 

i've been going through partners finances to claim back ppi and when she checked her credit file found that she has a default marked on her file for the last 3 months.

 

when the end of her hp agreement for her car came up after three years

she chose to return the vehicle and pay no more.

 

however after it was inspected she was charged for several faults and immediate payment requested.

she made an arrangement over the phone to make monthly payments with the finance company to repay the debt over a year.

 

it now looks like after making these payments for 6 mths they have defaulted her.

she has continued making the payments unaware of this as she has not received any sort of warning about a default.

 

when she contacted the company to find out what was going on and was moved from dept. to dept.

until she spoke to someone from the litigation dept.

and was told that they normally default someone after 6 months if debt not cleared.

 

at no point was she informed of this when the payment arrangement was made.

 

they're attitude seems to be only 2 payments left so why is she getting upset about it?

 

it is the only bad thing on her cra and has already started to cause problems with getting credit.

however they just wanted her to write a letter if she's that upset about it.

 

is there any way this can be removed,

as i understand it she has to have had notice of the default and the chance to remedy it,

however when she contacted them to make the arrangement they seemed happy with it.

and she has never had a notice of default.

 

should i sar them to get information first or complain first or do both together.

or can anyone else offer any other advice.

 

many thanks

[BRIGADIER2JCS]

You have answered exactly what I would suggest get the SAR sent off asap. make sure you send it RD addressed to the Data Controller.

Is the account still up to date and payments continue to be made as arranged?

If so defaulting this is unfair.

 

You can raise a formal complaint again this goes to the Data Controller as this concerns the information supplied to the CRS, please keep it totally seperate from the SAR perhaps a week later.

 

Place a notice of dispute on the CRA entry.

[doughboy1]

the payments that she arranged have been made every month since they invoiced her for the work that needed to be done after they collected the car.

 

all payments were up to date and showed as 0 owing the month that the agreement ended.

 

then the month later and continuing onwards payments have showed as reducing the outstanding amount,

although marked as 1 month late on her cra.

i assume that this is because it it took a month for them to get the vehicle status costed and invoiced and then contact her regarding this.

 

then after 6 monthly payments the outstanding balance on the credit record (cra) shows as £565 having decreased accordingly

 

month 7 then goes to £494 as it should have then on month 7 is flagged as a default

and the balance goes up to £565 again before dropping to £353 on month 8.

all entries from month 7 are marked as default.

 

there is also an unknown item on the status report and invoice.

all typed except for "abort " and a date which is handwritten along with £225.

 

the total is crossed out and a new total with the 225 added on is handwritten also.

 

the only thing i can think of is that they are charging her for an attempted collection when she wasn't there

however when they picked the car up was the first time she had arranged for them to.

 

also the collection sheet was signed by her mother as my partner was at work at the time.

[dx100uk]

hey please add some line breaks next time

 

if it comes up as a block, use the edit post pencil.

 

dx