@askhalifaxbank Halifax default me on a loan several years into agreed reduced payment - unfair?

[TheDebtStar]

I have two defaults on my CRF which come up for 6 years pretty soon. Another creditor has just placed a default 4 years after the account defaulted. I know OFT Guidelines state between 3-6 months, but they're only guidelines not law.

 

This means my CRF is now wrecked for 4 years longer than it needs to be. Is there anything I can do?

[dx100uk]

yes write to the complaince manager and complain.

 

dx

[BRIGADIER2JCS]

Is it a creditor or a DCA placing this '' new'' default?

Was this account live/active up until the default was placed?

[TheDebtStar]

This is the thing which really annoys me. I have had an arrangement to pay all the time, so it is still with the original creditor. There has never been any suggestion of them doing this, and I have always increased payments in line with any rise in my income. The default, after all this time, feels like a kick.

[dx100uk]

sadly if you are in any arrangement to pay less than the required min payment they can default at anytime

 

this will prob be a pre-cursor to them selling the debt.

 

who is the creditor please

 

dx

[TheDebtStar]

The creditor is the Halifax.

 

It is arrears on a personal loan.

 

The balance will be paid off shortly, so defaulting me now seems wrong.

 

I can't see them selling the debt when the balance is now under £800.

 

It has come down from over £5000 and they can see they're getting their money.

 

A change in circumstances means it will take longer now than it was going to to repay the debt.

 

Would this make them sell it?

[dx100uk]

have all the statements?

 

dx

[BRIGADIER2JCS]

The creditor is the Halifax.

 

It is arrears on a personal loan.

 

The balance will be paid off shortly, so defaulting me now seems wrong.

 

I can't see them selling the debt when the balance is now under £800.

 

It has come down from over £5000 and they can see they're getting their money.

 

A change in circumstances means it will take longer now than it was going to to repay the debt.

 

Would this make them sell it?

 

Financial year end approaches many debt purchasers will try to cut out a lot of old accounts, sale is still probable.

[TheDebtStar]

No, I don't have all the old statements sadly. I could do a SAR.

 

Brigaidier - agreed, thanks.

[citizenB]

If this was a personal loan, would there have been any Payment Protection Insurance applied ?

 

Do you know if htere are any default charges, these can be reclaimed.

[TheDebtStar]

No ppi (already reclaimed and set off against debt)

 

Default charges - don't think so. Got the DN, as arrangement to pay in place, they have not added charges I'm aware of.

[citizenB]

If you have not defaulted on the agreed repayment plan then I fail to see why they have suddenly decided to place one now.

 

If it is their policy to place a default marker on an account that is subject to a repayment plan then they should abide by the rules and place it within the 6 months advised by the Information Commissioner.

 

Challenge the placing of it at such a late stage using the "Not treating you fairly" argument as suggested in BCOBs which are linked in my signature highlighted in green

 

Any communication regarding this should be headed Official complaint. They will then have 8 weeks to respond or provide you with a final response letter, you will then be able to take your complaint to the Ombudsman - It might be worth making a complaint to the Information Commisioner as well.

[TheDebtStar]

Thanks Citizen B - I'll have a read of BCOBS and see where it takes me. Thanks again.