Help with Next deafult needed

[becomingdebtfree]

Hi everyone am new to this forum so please bare with me!

 

Long story short,

 

I am on a DMP after not handling credit well at all and spending more than I could afford..

. I had a lightbulb moment 18 months ago and now have 18 months roughly left on it...

 

I have checked my credit files and noticed that 4 creditors have issued defaults,

1 of which I have had removed as they did not issue default notice as it was all online based..

. I am waiting for copies of the other 3 DN but one has written back with this:

 

 

 

11 December 2013

 

Our Ref:

 

Dear

Thank you for taking the time to contact us and I'm sorry for the delay in getting back to you.

 

I am sorry to hear you don't remember receiving a default notice, sent to you in June 2012

This must have been worrying when you obtained your credit report.

 

I can understand why you've asked for a copy, for your records.

 

The original Default Notice was sent to you on 14 June 2012 and we're not obliged to keep a photocopy of it,

or send the document by recorded delivery.

But I have attached a copy of what would have been sent, which I hope you'll find helpful.

 

I need to let you know that even if we had not sent you a Default Notice (which we have),

we would still be entitled to record arrears and defaults on your credit files.

This is because the Data Protection Notice is included in our Terms and Conditions,

which you accepted when you placed orders with us.

 

"If we enter into a credit agreement with you, we will also supply details of your agreement with us to the credit reference agencies,

as well ongoing details of your account and how you manage it.

 

If you do not repay on time, or in full, we will advise the credit reference agencies who will record details of the debt.

 

All this information will be seen by other organisations carrying out later searches."

 

Now the thing they have sent attached nowhere states they are planning on issuing a default..

. It's a bulk standard letter saying I need to phone them to discuss arrears

and that if I don't they "may pass the account to a DCA, may register a default and I won't be able to use the account".

 

My question is is this adequate as a DN?

 

How should I respond to them?

 

The account was from next but currently with a DCA with a low balance I could clear in the next week

but want this removed as I kept all paperwork and no they didn't send what I feel is a proper DN...

 

Sorry about the long post,

any help would be appreciated as we are looking to buy a bigger house in the next 3 years and this obviously impacts on my credit!

[renegadeimp]

Which creditor? Can you give us some background?

[becomingdebtfree]

It was with next online directory, when I started the DMP it was passed to a DCA with a balance of just over £100... I only had the account running about 6 months before I started the DMP... I kept all correspondence and have this letter but no DN... Sorry I'm new so don't really no what info would be useful!

[dx100uk]

I really hope the DMP is not a fee paying one

and that you have sent a CCa request to all those being paid through it?

 

as for the next catalogue default.

 

all they have to do is prove that a DN 'was sent'

 

that's all

 

they appear to be able to do that.

 

who's the debt with now please?

 

whats the name against the account on the CRa file?

 

and whom are you paying?

 

dx

[becomingdebtfree]

The DMP is a free one through stepchange formerly CCCS, I however haven't sent a CCA request to any of them? Without sounding stupid what is the purpose of this as I know I owe the money to the creditors so am happy paying what I owe...?

 

My credit file still shows up as next PLC rather than the DCA... I can't remember the DCA name will have a look through all my paperwork and find it

[becomingdebtfree]

It is with Lewis debt recovery

[dx100uk]

well if your cra file shows Next

 

then you can safely ignore the DCa

 

they can do nowt to you.

 

good you are with step change.

 

trouble with all DMP's free or fee is they never check IF the debt is legit

and whom you pay HOLD the correct paperwork.

that's the idea of the CCa request.

 

if the debts are still shown as being owned by the original creditors

and you are paying a DCA - you need to question why?

 

pay the OC's direct, then the dca's cant take their cut.

 

as for the 'default'

 

does the account show 1,2,3,4,5,6 red 6 or 8?

 

dx

[becomingdebtfree]

if I sent a CCA request to all my creditors

I could stop paying them if they didn't hold the correct paperwork?

 

Wouldn't that still show on my credit file as the debt but the balance wouldn't reduce every month which would have a negative effect?

 

Even though my credit is shot to pieces anyway!

 

I use noddle for my credit report, it goes from a number 4 to DF?

 

I guess it's not going to be very likely to get the default removed then

 

I know it's my own stupid fault for not being able to handle credit was just hoping to be able to tidy it up a bit..

 

. Bit gutted that the default for just over £100 has such a big consequence!

 

Wish someone had explained just how bad a default was!!!

 

Thanks for all your help

 

so far will fire off some CCA requests as I know some of them were applied for online and so I didn't sign anything

[becomingdebtfree]

Just another quick question as you've been so helpful...

 

One of the Creditors I contacted have emailed to say that as it is with a DCA they will hold the copy of the DN (even though it was the OC that issued it)

 

I have since emailed the DCA who say that's as the OC (studio catalogue) issued it they should hold the DN!

 

Am a bit confused now! Is the OC just trying to fob me off?! X

[dx100uk]

once a default has been issued

 

the WHOLE DEBT, will disappear from your cra file on the defaults 6th birthday.

 

might be an idea to list your debts

and whom you pay via CCCS

 

dx

[becomingdebtfree]

My debts are

 

Santander x2 credit cards

Nationwide credit card

Capital one credit card

Vanquis credit card

Studio catalogue

Next catalogue

ISME catalogue

Little woods catalogue

Jacamo

Wonga

 

I have defaults on the 2 santander cards, wonga and studio catalogue and next catalogue.

 

Studio have replied saying that as it is now with wescot DCA that they hold the DN even though it was studio that issued it.

 

Wonga have emailed saying they are under no obligation to supply me the day it was issued or a copy of the DN...

 

Next replied as above

 

Sanander have replied saying they are obtaining copies and will post them to me within 14 days...

 

Just a bit thrown by them saying they don't have to supply copies tbh I thought they did!

[dx100uk]

no one has to supply copies of DN's

 

under the ico guidelines

 

all they have to do is prove, by a note in say the comms log etc.

 

that one was sent.

 

seems like you might have some reclaiming to do here?

 

are all your debts showing on your cra file?

 

dx

[becomingdebtfree]

Yes all my accounts are showing, however some show as upto date, some late payments and some as defaults!?

 

With regards to claiming back charges do I just SAR them or do I specifically have to ask for a list of all transactions on the account?

[dx100uk]

plain sar as the click link

 

but make SURe you list any old addresses for that time if you have moved.

 

what are the defaults dates from the summary of each debt?

 

dx

[gobby009]

dont bother trying to reclaim catalouge fees it doesnt work unless its over the 12 pounds threshold as they and the oft deem that to be fair and just.any of your debts that have been sold to a dca first thing to do is ask them for documentation of proof ie:deeds of assighnment,deeds of novation.if they have bought the debt they will have to provide you with copys of these documents which they wont have as they buy portfolios of debt with no paperwork for pennys.

[dx100uk]

sri thats not correct.

the OFT/FSA did not deem £12 fair , it just said they would not seek further enforcement under £12

 

it is STILL a PENALTY charge and tthus unlawful

 

and you wont see the deeds either

 

sounds a bit FoTl stuff to me.

 

dx

[renegadeimp]

Agree with you DX. Its amazing people think FOTL stuff actually works.

[gobby009]

im not a member of fotl.i have used this approach on 5 alledged debts and all were closed even when they provided a sighned ca.5 out of 5 is a 100% success rate.so yes it does work.obviously you have to be prepared to go to court but once you know how these dca operate you will loose your fear.they cannot provide a deed of assighment or deed of novation which is needed for any claim to be legal and lawfull.so when your requesting a ca also request those deeds and dont be fobbed of with any crap your not allowed to see them.wake up sheeples and stop paying these ****.i would appreciate if the 2posters who mention fotl could enlighten me why all 5 of my alledged debts were closed using this approach.considering sighned ca were supplied by the dca and they wernt sb