Default & CCJ help please?

[Never-In-Doubt]

Re: Default & CCJ help please?

Please advise on how I should approach this now? My aim is to have the defaults removed as the correct process has not been followed. The first default was July 2014.

Please answer the following -

1. When did you last use the OD bank account?
2. When did you last credit funds into the account?
3. What date reads as the default date on your credit file?
4. If known, when is your OD renewal? ie the date is commenced / last increased/decreased/changed?

You won't be able to get a default removed as simply as you think. It all depends on the answers to the above. However, only if the bank were 100% in the wrong will you have any argument. So for example, if you did NOT breach the terms of the OD or if the banks actions were wrong at the time which if they'd not occurred, would have put you in a better position will you have any argument.

That said, if you DID breach the terms and the bank added charges which they've retrospectively removed due to procedural or legislative error (ie breach of s.86 (D)) or due to a PPi complaint then because at THAT time you were in breach, then you'd struggle to successfully argue.

I hope all this makes sense.

[omissimo]

Re: Default & CCJ help please?

Please answer the following -

1. When did you last use the OD bank account?
2. When did you last credit funds into the account?
3. What date reads as the default date on your credit file?
4. If known, when is your OD renewal? ie the date is commenced / last increased/decreased/changed?

You won't be able to get a default removed as simply as you think. It all depends on the answers to the above. However, only if the bank were 100% in the wrong will you have any argument. So for example, if you did NOT breach the terms of the OD or if the banks actions were wrong at the time which if they'd not occurred, would have put you in a better position will you have any argument.

That said, if you DID breach the terms and the bank added charges which they've retrospectively removed due to procedural or legislative error (ie breach of s.86 (D)) or due to a PPi complaint then because at THAT time you were in breach, then you'd struggle to successfully argue.

I hope all this makes sense.

Hi NID,

1. When did you last use the OD bank account?
- 15/10/13

2. When did you last credit funds into the account?
- 14/10/13

3. What date reads as the default date on your credit file?
- July 14

4. If known, when is your OD renewal? ie the date is commenced / last increased/decreased/changed?
- I received the SAR information. The agreement is a 'Credit agreement regulated by the Consumer Credit Act 1974' for a 'flexible loan' started on 22/10/01

My argument is that they wrote to me at an incorrect address (not mine, never was) and gave me no opportunity to correct the problem. They had other methods to communicate, through messages on my account and my correct email and phone number which they failed to use. During that time they used these methods to communicate with me regarding other matters but nothing regarding the OD/default. I had written to them (recorded delivery) the month before they defaulted me to inform them of the incorrect address, they failed to respond.

[Never-In-Doubt]

Re: Default & CCJ help please?

sorry for the delay - any update?

The ONLY exception is if they were previously writing to an address (ie statements) and then changed it to another where you didn't authorise them to write to.... if you told them that address or statements were going there then you'll have no right to argue.

If however the statement the month before was sent to your normal address then formally complain and go to FOS and you "should" have a favourable outcome