Satisfied Default

[johnny28]

Hello, I'll try and make this short, sweet and to the point.

 

In 2007 I went a few pence overdrawn with the nationwide.

this amount grew with £30 charges being added every month.

 

I spoke with Nationwide and came to an agreement to pay xx amount monthly, which I honoured.

 

I then receive a letter from a debt collection company stating that I owe £154 (this included their charges).

 

I phoned Nationwide and obviously wondered why this had been passed to a debt collectors when I was paying this monthly.

 

Nationwide said that is was because I didn;t pay the interest associated with the debt/charges

which i disagreed with as this had not been pointed out to me when I had made these monthy arrangments.

 

They dismissd that claim and stated that it would had been discussed.

 

So they slap a default on my credit file, I pay the £154 to the debt collectors (through gritted teeth) and the default has been classed as satisfied on my credit file.

 

My question is do i have a case to get this satisfied defaut removed from my file and how would I go about doing this.

 

Many Thanks

 

Johnny

[dx100uk]

it'll disappear on the defaults 6th birthday

 

paying it was a waste of money

 

esp to a DCA

 

dx

[johnny28]

it'll disappear on the defaults 6th birthday

 

paying it was a waste of money

 

esp to a DCA

 

dx

 

 

I'm assuming I can't get the default removed?

[renegadeimp]

Pm brig. Im pretty sure, although not 100% that if the cause of default was the banks charges, then the default shouldnt have been recorded in the first place.

[johnny28]

Hi Rene, Do you know if there s any information anywhere on this? Thank you for taking an interest too

[renegadeimp]

I think it's part of the ICO's guidance. I'm sure someone can jump in to confirm it tho.

[dx100uk]

yes you can do that, but it'll prob take a good few weeks

what is the default date>

[johnny28]

On my credit file by equifax it states - Default date 06/02/2009 date satisfied 06/02/2009

exaclty the same date

[dx100uk]

nope cant be.

 

sure thats not the update date

 

dx

[johnny28]

Name Date of Birth Terms0 @ £ 0 (Monthly)StatusSettledCurrent Balance£ 0Start Balance£ 0Credit Limit£ 0Default / Delinquent Balance£ 157Start Date02/08/2004Date Updated06/02/2009Date Last Delinquent Date Satisfied06/02/2009Default Date06/02/2009

[johnny28]

Ive just copied and pasted from the equfax file taking out my name

[dx100uk]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

or

convert existing PC files to PDF [office has an installable print to PDF option]

.

'

BUT......

ENSURE: remove all pers info inc barcodes etc using paint program

but leave all figures and dates.

.

goto one of the many free online pdf converter websites

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

.

dx

[johnny28]

Hi dx which sheets etc do you want me to scan through?

[renegadeimp]

Start Date02/08/2004

Date Updated06/02/2009

Date Last Delinquent

Date Satisfied 06/02/2009

Default Date 06/02/2009

[johnny28]

that's exactly what it says on my credit file

[renegadeimp]

Can i ask if you made any payments to the debt, or acknowledged it in writing between the start date and default? It's probably nothing, but im just curious why it was entered and then satisfied on the same date. Unless a lowlife DCA took it over and added it.

[johnny28]

Yes I started making payments to clear the bank charges directly to the bank, then they passed it to the dca which I paid diretly but i never put anything in writing to either nationwide or dca.

[renegadeimp]

Hmm. If theyve passed it on while you have been paying, then something smells fishy. Since the entire debt is pretty much unfair charges, then we have our answer. Time to get reclaiming and wipe that debt out.

[johnny28]

Nationwide said they passed it to a dca because I didn't pay the interest on the charges.

I'm not too bothered bout reclaaiming the bank charges as I know there was a case a few years back to stop people reclaming them and the bank won? I just want the default removed as I beleve its unfair as I was paying the charges back

[renegadeimp]

THose charges were unfair and caused the account to default.

 

You need good and concrete proof to get the default removed, and if your info is right, then you have it. However, you should still see about reclaiming those charges/fees as the bank as pretty much admitted they are unfair. If they really thought they were enforceable, they wouldnt have sold the debt to a lowlife DCA.

[dx100uk]

no it was unfair because the default SUM included PENALTY charges

 

The Information Commissioners Office guidance states.

That if a default sum is made up of charges that without such

charges a default would not have been placed

then NO default should be placed.

 

 

have you the DN they sent?

 

or did they?

 

dx

[johnny28]

no it was unfair because the default SUM included PENALTY charges

 

The Information Commissioners Office guidance states.

That if a default sum is made up of charges that without such

charges a default would not have been placed

then NO default should be placed.

 

 

have you the DN they sent?

 

or did they?

 

dx

 

I have lookd for a default notice and can;t seem to find one, it may have been throw out as it was 3 years ago.

 

How do I go about resolving this?

[johnny28]

THose charges were unfair and caused the account to default.

 

You need good and concrete proof to get the default removed, and if your info is right, then you have it. However, you should still see about reclaiming those charges/fees as the bank as pretty much admitted they are unfair. If they really thought they were enforceable, they wouldnt have sold the debt to a lowlife DCA.

 

 

I'm assuming there is a procedure they have to go through to sell the debt?

[dx100uk]

I'm assuming there is a procedure they have to go through to sell the debt?

 

as such yes

 

however, you need to confirm the DID sell the debt

 

on your CRA file who is show against the debt?

 

dx

[johnny28]

as such yes

 

however, you need to confirm the DID sell the debt

 

on your CRA file who is show against the debt?

 

dx

 

 

Its says Nationwide Current Account on the default