I'm so confused about default notices and the registering of defaults on accounts and was hoping for some help
I was served with a Default notice from a finance company in June 2008, a copy of this was contained in my SAR to the company. I ignored the letter and made no contact with the company
A debt collection agency wrote to me in August 2008 stating that the finance company had served me with a default notice and demanding payment, which I also ignored (I have the original letter)
The debt collection agency sent me another letter in November 2008 saying that my account was in default and the full amount was repayable immediately. I also ignored this letter (I have the original) I did not make any payments on the account and did not make any contact with either the finance company or the debt collection agency.
in the middle of 2009 I was trying to sort out my finances and offered the company a partial settlement, the first one was rejected, I know this because contained in my SAR there was a memo with no date stating that they had a received a letter from me offering a partial settlement of £600 which the memo states was rejected
Now in by SAR there is no copy of this letter that I sent to them and there is no information as to how they rejected my offer, ie no copy of a rejection letter or a phone call
anyway I upped my settlement offer which they accepted and said they would record a partial settlement on the account and would not pursue me for the outstanding amount (I dont have any of the correspondance regarding this and there was nothing in my SAR refering to this either)
So from Feb 2009 until sept 2009 when i made a partial settlement the markers for each month show a red 6, the finance company never registered a default against me.
To make matters worse, they did not honour the terms of the partial settlement agreement and I have a finance company chasing me for the outstanding debt they have even phoned my neighbours to see if I'm still living at my current address) I realise that it is my word against theres re the partial settlement and as I dont have a copy of the correspondence then there is little I can do about this
I have read a lot about the registering of defaults etc, and here is where I am confused, should my default have been registered in 2008 when the company wrote and told me that they had placed my account in default, or should they have registered it 6 months after 2009 when I didnt make any further payments to them (due to me thinking I had settled the account)
What the finance comapny have actually done is continued to place red 6 marks every month right up until jan 2013, when they finally placed a default on the account, which is about the time the latest finance company started chaing me for the debt
I know I have to write to them re the very late registering of the default but when was the actual correct default time 2008, or did i reset the clock by paying them in 2009 (even though there was no payment from march 2008 until sept 2009) what I mean is, is that I dont know when the breach occurred was it when I stopped baying in March 2008 or is the breach from the partial settlement in Sept 2009
Also the same company has misold me PPI insurance which is twice the outstanding debt, which I havent done anything about yet
Any advise or thoughts would be welcomed :-)
I was served with a Default notice from a finance company in June 2008, a copy of this was contained in my SAR to the company. I ignored the letter and made no contact with the company
A debt collection agency wrote to me in August 2008 stating that the finance company had served me with a default notice and demanding payment, which I also ignored (I have the original letter)
The debt collection agency sent me another letter in November 2008 saying that my account was in default and the full amount was repayable immediately. I also ignored this letter (I have the original) I did not make any payments on the account and did not make any contact with either the finance company or the debt collection agency.
in the middle of 2009 I was trying to sort out my finances and offered the company a partial settlement, the first one was rejected, I know this because contained in my SAR there was a memo with no date stating that they had a received a letter from me offering a partial settlement of £600 which the memo states was rejected
Now in by SAR there is no copy of this letter that I sent to them and there is no information as to how they rejected my offer, ie no copy of a rejection letter or a phone call
anyway I upped my settlement offer which they accepted and said they would record a partial settlement on the account and would not pursue me for the outstanding amount (I dont have any of the correspondance regarding this and there was nothing in my SAR refering to this either)
So from Feb 2009 until sept 2009 when i made a partial settlement the markers for each month show a red 6, the finance company never registered a default against me.
To make matters worse, they did not honour the terms of the partial settlement agreement and I have a finance company chasing me for the outstanding debt they have even phoned my neighbours to see if I'm still living at my current address) I realise that it is my word against theres re the partial settlement and as I dont have a copy of the correspondence then there is little I can do about this
I have read a lot about the registering of defaults etc, and here is where I am confused, should my default have been registered in 2008 when the company wrote and told me that they had placed my account in default, or should they have registered it 6 months after 2009 when I didnt make any further payments to them (due to me thinking I had settled the account)
What the finance comapny have actually done is continued to place red 6 marks every month right up until jan 2013, when they finally placed a default on the account, which is about the time the latest finance company started chaing me for the debt
I know I have to write to them re the very late registering of the default but when was the actual correct default time 2008, or did i reset the clock by paying them in 2009 (even though there was no payment from march 2008 until sept 2009) what I mean is, is that I dont know when the breach occurred was it when I stopped baying in March 2008 or is the breach from the partial settlement in Sept 2009
Also the same company has misold me PPI insurance which is twice the outstanding debt, which I havent done anything about yet
Any advise or thoughts would be welcomed :-)
default notice issued in 2008 but default not registered with CRA till 2013
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