Wonga Default!! On CRA File ***Settled and removed***

[JGJ]

Hello All,

 

My friend has not received any "default notice" nor any other form of notification from Wonga, yet they have posted a "default" on a Credit Ref. Agency files.

 

Surely they must send a "default notice" before any such action is taken.

 

What action should be taken to rectify this.

 

All information/advice will as usual be gratefully received.

 

"EXEMPLO DUCEMUS"

[Andyorch]

Responding to your report JGJ...yes you are in the correct forum...but have read of the default/ICO forum for further information.

 

Regards

 

Andy

[JGJ]

Can somebody please give the Brig a nudge, it will be greatly appreciated.

 

"EXEMPLO DUCEMUS"

[JGJ]

Hello All,

 

1) If a lender sends/issues a default notice and you comply with the terms of the default notice, then the lender should not register a default with the CRAs.

 

2) If you do not receive any notice of default therefore you cannot comply with the terms of a notice of default and therefore the lender is surely clearly in the wrong to register a default with the CRAs.

 

All information/advice re rectification with Wonga/ CRAs will as usual be gratefully received.

 

"EXEMPLO DUCEMUS"

[JGJ]

Hello All,

 

Anyone had the same problem with defaults being posted onto CRA files as post #1

I would like to have your thoughts/advice etc.

 

"EXEMPLO DUCEMUS"

[BRIGADIER2JCS]

The PDLCs often send DNs by e-mail I'm told could this have been missed?

Or this may well have gone astray.

 

I would suggest writing to the Data Controller at Wonga as a complain simply pointing out that an entry has been placed on CRA files but no DN has been received.

[citizenB]

Hello All,

 

1) If a lender sends/issues a default notice and you comply with the terms of the default notice, then the lender should not register a default with the CRAs.

 

A Default Notice is a statutory notice that advises there are arrears - if those arrears are NOT paid within the mandatory period then the Company can do the following :

 

Register a default marker on Credit files - terminate the account - issue a claim form in the county court.

 

If the arrears ARE paid within the mandatory period then it is as though the Default never occurred.

 

 

 

2) If you do not receive any notice of default therefore you cannot comply with the terms of a notice of default and therefore the lender is surely clearly in the wrong to register a default with the CRAs.

 

 

 

All information/advice re rectification with Wonga/ CRAs will as usual be gratefully received.

 

"EXEMPLO DUCEMUS"

 

Did WONGA say they had issued a Default Notice ?

 

I am not quite sure how these short term PDLs work and if they are required to send out Default Notices.

 

[JGJ]

No notification received of DF, not by any means e-mail, royal mail,personal del, nothing at all.

 

As at my post #4 (2)

If no terms to comply and rectify are received, they must be clearly in the wrong.

 

I have read the IFOs guidance paper re DFs, so a letter of complaint will be on its way to the W*****s of Wonga and see what, or if they agree with wrongful DF notice.

 

I also thinking back, DFs should not be placed with CRAs for at least 3 months-6months, Wonga seem to strike at the first instance without allowing borrowers time to rectify their acc.so they can load the extra charges on them ASAP.

 

"EXEMPLO DUCEMUS"

[BRIGADIER2JCS]

As citizen B said earlier I am not sure if DN is needed on these short fixed term loans.

 

Defaults and their placement on the account and the reporting of them to CRA files are two separate matters.

Given the payment terms here a loan over 30 days say is obviously in default if the single payment is not made.

[BRIGADIER2JCS]

I would like to see a copy of a Wonga agreement.

[JGJ]

I have just had sight of a Wonga agreement and it states:

 

As a general rule, we will give you at least 28 days notice if we decide to file a default on your credit reference file.However we may not always give you notice beforehand, for example,if we plan to take court action.

 

All comments/advice will as usual be gratefully received.

 

"EXEMPLO DUCEMUS"

[renegadeimp]

So basically, they are ignoring their own terms and conditions and trying to say they are just guidelines.

[JGJ]

Hello All,

Wonga address for Data Controller, is it still their Reg address

 

88 Crawford Street

London

W1H 2EJ

 

OR

 

3-4 Prince Albert Road

London

NW1 75N

 

 

 

 

 

"EXEMPLO DUCEMUS"

Edited September 19, 2013 by JGJ

[JGJ]

Anyone with further advice re Wonga current address.for Data Controller??

 

"EXEMPLO DUCEMUS"

[letsgetitsorted]

Surely if Wonga say

"Fixed Sum Loan Agreement regulated by the Consumer Credit Act 1974"

then they must abide by the consumer credit act 1974, with this surely they should be sending out correct DNs according to the act.

[Nao]

Sorry this is a bit long, from the Consumer Credit Act 1974:

 

s. 176.

Service of documents.

— (1) A document to be served under this Act by one person ( “the server ”) on another person ( “the subject ”) is to be treated as properly served on the subject if dealt with as mentioned in the following subsections.

 

(2) The document may be delivered or sent by post to the subject, or addressed to him by name and left at his proper address.

 

(3) For the purposes of this Act, a document sent by post to, or left at, the address last known to the server as the address of a person shall be treated as sent by post to, or left at, his proper address.

 

(4) Where the document is to be served on the subject as being the person having any interest in land, and it is not practicable after reasonable inquiry to ascertain the subject’s name or address, the document may be served by—

(a)

addressing it to the subject by the description of the person having that interest in the land (naming it), and

 

(b)

delivering the document to some responsible person on the land or affixing it, or a copy of it, in a conspicuous position on the land.

 

 

(5) Where a document to be served on the subject as being a debtor, hirer or surety, or as having any other capacity relevant for the purposes of this Act, is served at any time on another person who—

(a)

is the person last known to the server as having that capacity, but

 

(b)

before that time had ceased to have it,

 

 

the document shall be treated as having been served at that time on the subject.

 

(6) Anything done to a document in relation to a person who (whether to the knowledge of the server or not) has died shall be treated for the purposes of subsection (5) as service of the document on that person if it would have been so treated had he not died.

 

[F1 (7) The following enactments shall not be construed as authorising service on the Public Trustee (in England and Wales) or the probate Judge (in Northern Ireland) of any document which is to be served under this Act—

 

section 9 of the Administration of Estates Act 1925;

 

the consequences of improper service would be that any default notice wouldn't be deemed served on the debtor, and they would not be entitled to do the acts in s87:

 

87.

Need for default notice.

— (1) Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,—

(a)

to terminate the agreement, or

 

(b)

to demand earlier payment of any sum, or

 

©

to recover possession of any goods or land, or

 

(d)

to treat any right conferred on the debtor or hirer by the agreement as terminated, restricted or deferred, or

 

(e)

to enforce any security.

 

 

(2) Subsection (1) does not prevent the creditor from treating the right to draw upon any credit as restricted or deferred, and taking such steps as may be necessary to make the restriction or deferment effective.

 

(3) The doing of an act by which a floating charge becomes fixed is not enforcement of a security.

 

(4) Regulations may provide that subsection (1) is not to apply to agreements described by the regulations

 

and, until properly served, the prescribed period would not run, and so an opportunity would still exist to rectify the default:

 

89.

Compliance with default notice.

If before the date specified for that purpose in the default notice the debtor or hirer takes the action specified under section 88(1)(b) or © the breach shall be treated as not having occurred.

 

if such a default were rectified, then any breach would be treated as not having occured, and the court would be required to enforce this through the data protection act 1998 :

 

14.

Rectification, blocking, erasure and destruction.

— (1) If a court is satisfied on the application of a data subject that personal data of which the applicant is the subject are inaccurate, the court may order the data controller to rectify, block, erase or destroy those data and any other personal data in respect of which he is the data controller and which contain an expression of opinion which appears to the court to be based on the inaccurate data.

 

(2) Subsection (1) applies whether or not the data accurately record information received or obtained by the data controller from the data subject or a third party but where the data accurately record such information, then—

(a)

if the requirements mentioned in paragraph 7 of Part II of Schedule 1 have been complied with, the court may, instead of making an order under subsection (1), make an order requiring the data to be supplemented by such statement of the true facts relating to the matters dealt with by the data as the court may approve, and

 

(b)

if all or any of those requirements have not been complied with, the court may, instead of making an order under that subsection, make such order as it thinks fit for securing compliance with those requirements with or without a further order requiring the data to be supplemented by such a statement as is mentioned in paragraph (a).

 

 

(3) Where the court—

(a)

makes an order under subsection (1), or

 

(b)

is satisfied on the application of a data subject that personal data of which he was the data subject and which have been rectified, blocked, erased or destroyed were inaccurate,

 

 

it may, where it considers it reasonably practicable, order the data controller to notify third parties to whom the data have been disclosed of the rectification, blocking, erasure or destruction.

 

(4) If a court is satisfied on the application of a data subject—

(a)

that he has suffered damage by reason of any contravention by a data controller of any of the requirements of this Act in respect of any personal data, in circumstances entitling him to compensation under section 13, and

 

(b)

that there is a substantial risk of further contravention in respect of those data in such circumstances,

 

 

the court may order the rectification, blocking, erasure or destruction of any of those data.

 

(5) Where the court makes an order under subsection (4) it may, where it considers it reasonably practicable, order the data controller to notify third parties to whom the data have been disclosed of the rectification, blocking, erasure or destruction.

 

(6) In determining whether it is reasonably practicable to require such notification as is mentioned in subsection (3) or (5) the court shall have regard, in particular, to the number of persons who would have to be notified.

[BRIGADIER2JCS]

None of the above is applicable specifically to DNs parts of the Act cannot be read out of context.

[JGJ]

Anybody any further advice as to where letter of complaint to Data Controller, Wonga, should go, as at my post #13

 

Will it be Crawford St

or

Prince Albert Road

 

"EXEMPLO DUCEMUS"

[BRIGADIER2JCS]

registered office.

[JGJ]

Hello All,

 

Wonga, result after sending letter of complaint re incorrect info on credit ref file.to Data Controller, Prince Albert Road,London Address.

 

THUS ABRIDGED VERSION

 

Thank you for your recent communication to us regarding our reporting of your data at the credit reference bureaux.

 

I can confirm that a request has been issued to both Call Credit and Experian to update your credit file and show the account as settled on the 05/06/2013 and remove the default noted.

 

We are responsible for reporting customers accurately, fixing it if there has been some inaccurate reporting and disclosing our reporting policy clearly to the customer. Once we have accurately reported our relationship with you to the credit reference bureaux, we are not responsible for how those lenders who use the reported data make decisions in relation to credit scoring. Other lenders set their own credit policy that we cannot influence at all.

 

Exactly what we wanted the updated corrected entry from default to settled.

 

Thank you once again to all who offered advice/info it is as usual greatly appreciated.

 

 

"EXEMPLO DUCEMUS"

[Andyorch]

And you have checked and it has been removed JGJ?

 

Andy

[JGJ]

HI Andy,

 

Have not got access to that CRA file as it is not mine, but family friend is keeping a close watch, will let you know exactly when it is.

 

"EXEMPLO DUCEMUS"

[Andyorch]

Excellent then we can amend your thread title to reflect the outcome.

 

Well done

 

Andy

[JGJ]

Andy,

 

Just been confirmed CRA file has been updated as stated above.From default to settled.

 

"EXEMPLO DUCEMUS"

[Andyorch]

A settled default but still showing ?