thought this was unenforceable but default??

[Riz]

Re: thought this was unenforceable but default??

I was just looking at that and had forgotten the "referred to a DCA" as an indicator.

It's still a bit subjective though. The ICO (and presumably the FOS) don't always stick 100% to those, even if they perhaps should.

Certainly worth arguing the toss and perhaps progressing to a complaint via the FOS/ICO.

[Never-In-Doubt]

Re: thought this was unenforceable but default??

I was just looking at that and had forgotten the "referred to a DCA" as an indicator.

me too

Lets see what he says regards dates and we'll then be able to work things out better and give a definitive answer.....

[chunkymunkey]

Re: thought this was unenforceable but default??

That's really helpful of you all. I will go through the SAR tonight and come up with a summary of payments/non payments.

Let me know if you need any more info.

Will post again tomorrow, thanks

[Never-In-Doubt]

Re: thought this was unenforceable but default??

I will go through the SAR tonight and come up with a summary of payments/non payments.

Excellent - that'll be perfect - remember though, only from the date you first missed one in 2007 until the current date.....

That's all we need.

Thanks

[chunkymunkey]

Re: thought this was unenforceable but default??

Having looked through the SAR, here is a summary -

Halifax credit card -

Jan 2007 – less than minimum paid (160 of 280)
Feb 2007 - full payment
March 2007 – missed payment
April 2007 – less than minimum paid (140 of 270)
May 2007 – less than minimum paid (140 of 270)
June 2007 – less than minimum paid (140 of 260)
July 2007 - full payment
August 2007 – missed payment
September 2007 – less than minimum paid (140 of 260)
Oct 2007 – missed payment
Nov – missed payment
Dec 2007 – missed payment
Jan 2008 less than minimum paid (160 of 600)
Feb 2008 missed payment

March 2008 – referred to DCA and interest stopped, balance £6600 at this point.

March 2008 through to April 2011, paid in full amount agreed by DCA

May 2011 until current – none payment following no CCA

Default added mid Dec 2011 (no default notice issued)


Please let me know if you need anymore info. I would be grateful if you have anymore advice over when the default should be started from.

Thanks again for all your help.

[Never-In-Doubt]

Re: thought this was unenforceable but default??

The above answers it. You paid up until may 2011 + 6 months means November/December is 6 months later so yep. Seems in order unfortunately.

[Never-In-Doubt]

Re: thought this was unenforceable but default??

The fact you missed oct/nov/dec 2007 doesn't matter as the lender can default you any time between 3-6 months. The fact they waited 6, they will argue, was "doing you a favour"... It seems the damage has been caused this last 3-4 months. Had you came here November we'd have been able to help stop the default.

Bummer. Sorry mate. It's there for 6yrs unless you can haggle a settlement for removal based on it being so "new" but you'd need the whole amount. Is it worth it? Not to me but maybe for you, depends if the mortgage means that much to you.

If you have other baddies/defaults then seriously forget making an offer to settle. It'd be pointless.

[Riz]

Re: thought this was unenforceable but default??

Having looked through the SAR, here is a summary -

Halifax credit card -

Jan 2007 – less than minimum paid (160 of 280)
Feb 2007 - full payment
March 2007 – missed payment
April 2007 – less than minimum paid (140 of 270)
May 2007 – less than minimum paid (140 of 270)
June 2007 – less than minimum paid (140 of 260)
July 2007 - full payment
August 2007 – missed payment
September 2007 – less than minimum paid (140 of 260)
Oct 2007 – missed payment
Nov – missed payment
Dec 2007 – missed payment
Jan 2008 less than minimum paid (160 of 600)
Feb 2008 missed payment

March 2008 – referred to DCA and interest stopped, balance £6600 at this point.

March 2008 through to April 2011, paid in full amount agreed by DCA

May 2011 until current – none payment following no CCA

Default added mid Dec 2011 (no default notice issued)


Please let me know if you need anymore info. I would be grateful if you have anymore advice over when the default should be started from.

Thanks again for all your help.

By March 2008, you had 7 consecutive months where full payment was not received. Indicates a default.

The account was then passed to a DCA. Again, indicates a default.

Those are both pretty clear indicators of a default at that point, so if a default is to be recorded then a date of March 2008 at the latest would be appropriate.

At the very least you have a good case for arguing against the recent one, even if that only results in it being backdated.

Certainly worth a punt with a complaint, taking it on to the ICO and FOS if necessary.

[Never-In-Doubt]

Re: thought this was unenforceable but default??

No rizzle; full payment is not required in order to qualify for default. The ICO make it clear "part payments do not get classed the same as no payments".

See niddy v HSBC. I lost on this point. So I know what the FOS and ico will say cos the fuckers did it to me and I'm appealing to the top of the food chain.

[Never-In-Doubt]

Re: thought this was unenforceable but default??

However I'm also a firm believer of no two cases are the same so as rizzle says its worth a punt. You can email both complaints so it costs nowt.

Just quote the relevant parts from rizzles earlier ico guidelines linky and you'll be fine.

[Riz]

Re: thought this was unenforceable but default??

No. Part payments would only count if they are part of an agreed payment arrangement.

[Riz]

Re: thought this was unenforceable but default??

However I'm also a firm believer of no two cases are the same so as rizzle says its worth a punt. You can email both complaints so it costs nowt.

Just quote the relevant parts from rizzles earlier ico guidelines linky and you'll be fine.

Well, I think you were diddled big time in your case, so yes, worth a complaint.

[Never-In-Doubt]

Re: thought this was unenforceable but default??

No. Part payments would only count if they are part of an agreed payment arrangement.

Yes mate. The lender can accept anything THEY want (without notifying us) as agreed payment so guess what? They'll say "we never defaulted as we were happy to let Mr x pay £x amount". That's it - game over.

As I say read my thread it's all there - case notes the lot. Plus the woeful decision by the biased FOS adjudicator.

Sorry let me just add that they're all a bunch of one sided

*rant over*

[Riz]

Re: thought this was unenforceable but default??

No. I don't agree. You were done over on your case.

[Riz]

Re: thought this was unenforceable but default??

Sorry let me just add that they're all a bunch of one sided

*rant over*

THAT I agree with.

Well, for the most part anyway.