Default removal

[jetbags]

Hi All,

I have been trawling through the threads and after weeks of searching came to the conclusion that thuis thread needs to be looked into.

I, like many others, have had the dreaded "DEFAULT" registered against me some time ago. The question is..... how on earth do we go about getting these removed.
I have tried the usual... Subject Access Request request and data protection act demands, but so far have been totally ignored by the four companies involved.
This is really good news in a way, because now i know for sure that there is something they all want to hide. This info they want to hide could be the way to get the defaults lifted. BUT HOW ????

Any suggestions and advice welcomed...

Jetbags.

[nannamoon1]

jetbags...

Have you sent a CCA request? if not then send the CCA request and they have 12 working days to supply you with a copy of the original Credit Agreement if after 12 days the they do not respond, and a further month goes by..then they have committed a criminal offence

It is at this point I believe you can write to the DCA and ask them to remove any defaults on your CRF...

[rory32]

Nanna unfortunately, while your are correct, the DCA will probably just ignore you. A more aggressive approach is often required.
Jetbags I would advice that you read this S.10 Data Protection Act notice - if you have been defaulted for unlawful penalties. and then we can discuss the implications of it.

[jetbags]

Rory32

Hi, well where to begin ??? yes i did indeed send that particular letter to all of them, so far only one has replied. They wanted me to provide utility bills from 3yrs ago !!!
A little chat with the OFT soon got them thinking straight. They are now in the process of sending ALL details so this is a wait and see at the moment.
One of the others have just refused to send me a copy of the original default notice, a letter reminding them of their obligations is on its way, but it never ceases to amaze me the lengths these people will go to in order to con us even more !!

Does anyone here know of the correct procedure and legal standing for demanding a copy of the default notice ??
I seem to be flying by the seat of my pants a little and would welcome some confirmed advice/guidence.

keep up the good fight all....

Jetbags

[rory32]

I'll have a look jetbags and get back to you.......keep fighting - you'll get there eventually.

[jetbags]

Originally Posted by rory32

I'll have a look jetbags and get back to you.......keep fighting - you'll get there eventually.

Thanks Rory,

I must admit that before finding this and the grumbletext site, i was very anxious as to how to approach these people, this site especially has been like a lighthouse in a rough sea to me.
I greatly welcome all the good advice and practices that are debated here, now i can strangely say that the fight is almost becoming enjoyable !!!
How weird is that ???

Look forward to hearing from you in due course.

Jetbags

[rory32]

Jetbags, hopefully this should cover what you want to know Remove Default Notices on a Credit File - We show you how

[jetbags]

Originally Posted by rory32

Jetbags, hopefully this should cover what you want to know Remove Default Notices on a Credit File - We show you how

Rory,

As always i am indebted to the excellent advice gained here from members such as yourself.
Very much appreciated.

Jetbags

[jetbags]

Hi,

A quick update..... I contacted Experian after requesting they remove unsubstantiated info from my file, they told me that they will not do this untill i purchase my credit file from them !!!

CAN ANYONE ADVISE ON THIS ?

Jetbags

[rory32]

I contacted Experian after requesting they remove unsubstantiated info from my file, they told me that they will not do this untill i purchase my credit file from them !!!

They actually won't do this until the creditor agrees to it or you file at court for the creditor and CRA processing inaccurate data.

[Ginger66]

Hi all,wondering if anyone can help.I wrote to EGG asking for a copy of my CCA and default notice that was issued.They sent the CCA but with the default notice they said,
"In respect of your request for a copy of the default notice.whilst we are under no obligation to provide a copy of this default notice,i have enclosed a copy of the computer screen confirming details of it's issue and it has been registered in accordance with the correct procedure.I also enclosed a copy of your latest statements.this includes information as to the current status of the account EGG is under no obligation to provide you with the deed of assignment as our Terms and Conditions state that we may sell accounts to third party companies"

Is it right that they don't have to send a copy of the default notice and deed of assignment?

Thanks

[rory32]

Is it right that they don't have to send a copy of the default notice

No. CCA1974 s87 states that they do, s88 states the prescribed form of the default notice. The information in the default notice must also comply with the Consumer Credit (Enforcement, Default and Termination Notices) (Amendment) Regulations 2004.

[rory32]

With regards to a deed of assignment this would only have to be disclosed if the case went to court. However, by previously being denied this you can raise the issue of disclosure.

A legally valid Notice of Assignment is however required to be sent to the alleged debtor.