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  • #1

    Default Advice Needed

    In June 2007 I disputed the amount outstanding on a personal loan.

    In Sept 2009 I referred this dispute to FOS as it remained unresolved.

    In Jan 2012 FOS concluded that their final position was for amount to be reduced by 60% but that the default would not be removed.

    Since June 2007 the lender has issued me with 9 default notices (4 in 2007, 1 in 2008, 1 in 2009, and 3 in 2010). My credit file shows a default was recorded in December 2010 1 day before the date of the default notice.

    I can't help but think that the lender has acted improperly. So can anyone explain the correct process/procedure and how one goes about getting the default removed? If I accept the FOS final position can I still fight for the removal of the default notice?

    Thanks
    Tags: 2012, advice, banks, broke, car, cca, con, consumers, cras, credit, credit agreement, creditors, data, dca, dca's, debt, default, default notice, default removal, defaults, fos, free, hsbc, ico, information, loan, mat, mobile, niddy, ombudsman, payments, people, phone, rac, removal, unfair
  • #2
    Re: Default Advice Needed

    Hi

    Read last couple of pages of this. Interesting

    ---> Niddy vs HSBC - Page 12 - allaboutFORUMS
    I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

    If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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    • #3
      Re: Default Advice Needed

      So it seems FOS are infamous.

      If I accept their final position can I still fight for the removal of the default notice?

      Comment

      • #4
        Re: Default Advice Needed

        No, you don't have to accept the FOS decision. They are binding on creditors, not consumers. You are free to take it on further to the ombudsman proper, if not done already, or explore other avenues of complaint and dispute.

        For example, I assume here that they issued DNs in 2007 and as far as they were concerned the payment relationship between you and the creditor had broken down and you had broken the credit agreement at that stage?

        And presumably you did not rectify the DN breaches to bring you back in line with contractual payments?

        Also did they mention any intention to record a default with the CRAs?

        Depending on what happened back then, you may have a good argument that if any default is to be recorded on your credit file then it should be dated 2007 rather than 2010. Meaning of course that it'll be off there soon(ish).

        That would be a matter of data accuracy and may be worth taking up with the ICO etc. They are separate, and don't have to pay any attention to what the FOS might think.

        It could be another long haul complaint though, with no guarantees.
        Last edited by Riz; 28 February 2012, 13:26.
        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

        If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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        • #5
          Re: Default Advice Needed

          Happy to accept the FOS decision, but not if it is then binding on me. If it were binding I'd be accepting a partial settlement of a debt that I'm disputing, and I want the default removed fully on the basis that it the debt was under dispute and I think from reading this forum the default notice wasn't compliant.

          But my understanding of your post is that settling the debt (FOS) is a seperate process to getting the default removed and/or corrected (ICO). Am I right?

          Comment

          • #6
            Re: Default Advice Needed

            Sort of. The FOS could require the default removed if they thought if was unfair.

            ICO comes at it from more of an angle of data accuracy etc if you get the meaning.

            Also a DN being non compliant with the CCA doesn't automatically mean a default on the CRAs is invalid. They are in reality 2 separate things, confusingly both using the term default.

            It's just that when it's a CCA regulated debt, notification of recording a default with the CRAs is usually/often sent along with CCA default notice.

            If you think about it you will realise they are separate, as creditors such as mobile phone, utilities etc can record defaults on your credit files. And they are not required to issue CCA compliant DN's, as does not apply for them.
            I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

            If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

            Comment

            • #7
              Re: Default Advice Needed

              Sorry I used the word compliant to mean the compliant in terms of the advice given on this site with regards default removal, not CCA. Just couldn't think of a better word at the time, perhaps in hindsight I should have suggested the default process appears to not be correct and/or the information contained within them doesn't apear to adhere to ICO requirements.

              Comment

              • #8
                Re: Default Advice Needed

                Originally posted by hbslc View Post
                I should have suggested the default process appears to not be correct and/or the information contained within them doesn't apear to adhere to ICO requirements.
                The whole default process of s.87 & s.88 is a joke and pretty much after McGuffick the banks and DCA's now think they have carte blanche to default people, forgetting of course that they do still have to adhere to guidlines set in place
                I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                Comment

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