Ask a Law Question, Get an Answer ASAP!
Hello my name is ***** ***** I will help you with this.
Did they ever serve you a default notice?
I think that the said that they had.
But did you ever get it?
However,if they have-I have not seen it.
On what basis did they cancel the DD?
Have you asked for a copy of the default notice?
What is on your file, missing payment or default?
Have you written to them (not email or call) and ask them what the arrears are purported to be?
They said that there was a missed payment.
It has taken 6 months to get them to concede that THEY cancelled theDDM.
is that in writing?
They had previously blamed my bank.
No. I have not asked for a copy..
Ok - lets take this step by step
1) Have you asked for a copy of the default?
I think it MAY be in writing.
They have finally admitted it several times verbally within the last week.
OK - Have you asked for a copy of the default notice?
Ok - get that.
Have they admitted in writing they cancelled the DD?
OK will do
Will check.I think so.
Have they confirmed in writing what the arrears were?
They stated in writing on the 14 th October 2014-that it is their policy to cancel DDms
Not seen anything in writing re arrears.
The 14th October letter offers another £65 compensation.
Ok - make sure you get that in writing.
Has your credit file been amended or still shows inaccurate data/
It mentions a figure of £1861.69,despite being clearly told there were NO arrears.
Ok - so your credit file is wrong.
Does your credit file show missed payments or a default?
This includes£ 829.40charges.These charges have now been removed.
They would not allow me to make any payments.
Shows missed payments.
Default -not yey.
Ok -and you want to correct the missed payments?
Showing on the credit file?
I have only just received their letter-_it now states a default of £1861.69
Ok - and what do you want to achieve?
No dfau;lt -to stop it.
I have offered to pay arrears .They said there are NONE.
OK - have you written to them and asked for their conformation it will NOT be on your credit file?
Ok - so there are no arrears but they say you are in default?
No -only found out a couple of days ago what they had done.
That is what I said to them..
How could I pay if there were none?
OK - you need to WRITE to them special delivery TODAY
Yes - a default registered.
You need to ask them to confirm in WRITING that there are no arrers
You need to also ask them to confirm in writing that the default notice is not valid as there are no arrears.
Ask for this within 7 days or say you will go to Court and seek an injunction
If they do not then you need to issue a claim using form N1
And form N16a - http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdf
You are asking the Court for an Order that they do not enter a default notice with Call Credit, Experian and Equifax
The Court will list the matter for a hearing and decide whether to grant the Order
If the Order is granted and they enter a default it will be contempt in Court which they can be warned, fined or sent to prison
But you need to write and warn them.
Can I clarify anything for you about this today please?
They appear to be saying verbally that there are no arrears ,because any alleged arrears are added to the whole balance. Therefore the whole balance is due.
If they do enter a default then you can have it set aside under the Data Protection Act anyway, so do not worry about that.
Yes but make sure you GET this in writing.
But if you have not breached the agreement and indeed THEY cancelled the DD then it is THEIR fault.
This is why you need this in writing
Would you recommend using a solicitor?
Not at this stage, you do not need to and it is unnecessary expense.
But send the letter today special delivery.
1) Confirmation they cancelled the DD
2) Confirmation that there are no arrears
3) Confirmation there is no default notice
4) An undertaking that they will allow you to pay any arrears, if any, because of their mistake and let the agreement continue - failing which you will seek an injunction
Does that help?
Can I clarify anything else for you about this today please?
I have considered paying off the whole balance?
I feel that Ineed a faster solution-
Yes that is fine.
But you should still write and ask for the above details
as it must be easier to prevent a default than to remove it?
yes it would
If you pay off the whole balance there will be no default.
So what you should do is pay off the whole balance but write and ask them to confirm they will remove any missed payment markers because of their mistake and also confirm in writing they won't enter a default on your credit file
They have told me that there would still be a default
No, if you comply with a default notice there will be no default on the credit file
How quickly could I get an injunction please?
And indeed if there is you can apply to have your credit file amended through the Courts
Well you need to give them 3 days notice
But you can't do it without warning them
So you send the letter special delivery
And then if they do not reply by next Friday apply for an injunction
I suspect that they are claiming that I have not properly responded to a default warning.
However a default has already been registered on mycredit file.
It just isn't showing yet
In that case you write and ask them to remove it or say you will seek a Court order.
The process is the same.
The Data Protection Act states:
If a court is satisfied on the application of a data subject that personal data of which the applicant is the subject are inaccurate, the court may order the data controller to rectify, block, erase or destroy those data and any other personal data in respect of which he is the data controller and which contain an expression of opinion which appears to the court to be based on the inaccurate data.
So you can ask them to remove it or you will seek a Court order
Yes -it helps,Alex.
Great. Can I clarify anything else for you?
I feel like I don't know where to start!
Well you need to write as I have suggested above.
Give them 7 days to remove it and deal with rectifying matters.
If they do not then you issue proceedings.
The Court process then rolls on
I would feel happier with a solicitor-if the price was right
Ok -you can do that of course.
Would it be possible for affixed fee?
It may do, but that is not a service we offer online. This is a question and answer site
Are there Solicitors ,who may specialise in such matters?
This is just a Consumer Credit matter - it is not complex
You can find a local Solicitor who can help
Could you recommend anyone please?
Sadly site rules prevent me from recommending anyone, I am sorry
Can I clarify anything else for you today?
Thankyou for your help,Alex.