Debt CA left default on my file without notifying me!

[jamesbenjamin]

My credit file is a total wreck that includes 5 defaults:-

 

Tesco May 2014

Apex April 2014

Egg April 2014

RBS Nov 2015

Cabot April 2016

 

I can live with the first 3 as they will drop off in under two years. My issue is with Cabot Debt Collectors, they offered my making a full and final of £350. They assured that they would 'report to the relevant credit bureau's to advise then that this account has been satisfied with us'However Carbot registered a default the same month I paid the £350, they never notified me of the default being issued? Do I have cause to raise this issue with them in an effort to having the defaut removed?

 

Thanks for reading. J

[Stopthethieves]

Explain further the circumstances of the Cabot debt, Original Company, dates etc...

[bigshoes...bigsocks]

yes more details please.

 

what wording did you use for the full and final settlement offer?

[completeunknown]

Cabot are dreadful. None of this suprises me. Why again? Have they double defaulted you? What they do is the company registers a default, then they come on and whack another. details please!

[jamesbenjamin]

Thanks all. The origional debt was with Vanquis (opened march 2007), they inflated the debt to £870 from £400 with charges when I was out of work. They finaly sold the debt to Carbot in March 2012, Carbot Contacted me and agreed to settle for £350 in the same month.

 

I re-checked my credit file and discovered that Vanquis must have defaulted me as the default was in April 2010 and is due to drop off April 2016. Carbot did not issue the default as I thought at first, but on payment of the £350 they list the settlment as 'The account has been satisfied. The payment status has been reported as in default.'...???

 

I stupidly did not word the Full and final with any demands regarding my credit file. I only requested that it was regarded as Full and Final.

 

I am lost as to what actualy my credit file will say after the 2010 vanquis default drops off in 2016? Will the fact 'The payment status has been reported as in default' meen that I have to wait even longer for the partial settlement I made earlier in 2012 to drop off in 2018?

 

Sorry if I am confusing anyone. A default should be a simple concept but it seems to get very complicated!

[Stopthethieves]

When did you start to go into arrears/miss payments?

 

If the default is listed as April 2010 then 6 years after this, the account will be removed from the files of the CRA.

 

Hopefully someone will come along and advise you regarding correct issuance of a default notice etc...

[jamesbenjamin]

hi stopthetheives.... I started to miss payments in about june 2008.

 

So the default falls off in 6 years for the date it was issued. It was issued in 2010 so will fall off in 2016. Does the whole account disapear in 2016 including missed payments after the default?

 

Thanks!

[jamesbenjamin]

Sorry another quick question as I dont want to start another thread....

 

Looking through my paperwork I found a letter dated July 2009 from RBS, it is a follow up to a default notice they served against my account. They say 'You have failed to comply with the requirments set out in the resent Default Notice served on you under Section 87(1) of the consumer credit Act 1974'.

 

BUT they did not default my account untill 30th November 2009 four months later? Is it worth raising this as an issue in order to get the default removed? Surely the default should have been issued within 28days of the default notice being served?

 

J

[BRIGADIER2JCS]

I would say no that time lag is unlikely to be seen as unfair, a default according to ICO Tech Guidance states ''defaults should be placed '' timely'' usually with in 6 months of the cause of action''.

 

They would not remove the default for this as this is 4 months, which gives me the impression some action may have delayed the decision.