Thread: MKAndy Vs Citicards - Removal of default notice

Hi, first post on here so any comments and help appreciated.

I have a default notice on my credit file from Citicards that i do not recall actually recieiving a default notice for. I found a suitable templated letter, which i duly completed and sent to the relevant address. Extract below:

"After recently obtaining a copy of my credit file from Experian I was concerned to note that your company has placed a "Default" notice against an account in my name.

Further to this I do not have a recollection of ever receiving such a notice, and I therefore require you to substantiate this data at your earliest convenience.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number xxxxxx

2. You must supply me with a signed true and certified copy of the original default notice.

3. Any deed of assignment if the debt was sold on.

I would request that this data is provided to me within the next 28 days, if you are unable to provide this data then I must insist that it is removed from my files as unsubstantiated."

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I recieved a reply recently from a Citifinancial solictor as follows:

"I regret to inform you that section 78 CCa 1974 does not require my client to provide you with a copy of the executed agreement as you appear to believe. It requires my client to provide you with a "copy of the executed agreement" as defined by the Consumer Credi (Cancellation Notices and Copies of Documents) Regulations 1983.

The obligation to provide you with that document is fulfilled by the provision of a card carrier. This is an industry standard document and conforms with the regulations, i set out below a summary of the same for your information.

180 Power to prescribe form etc of copies

(1) Regulations may be made as to the form and content of documents to be issued as copies of any executed agreementm security instrument or other document referred to in this Act, and may be in particular -

(a) require specified information to be included in the prescribed manner in any copy, and contain requirements to ensure that such information is clearly brought to the attention of a reader of the copy;

(b) authorise the omission from a copy of a certain material contained in the original, or the inclusion of such material in condensed form.

The Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 make it clear that Reg 3 that the "Copy executed agreement" is not required to be an exact replace of the original agreement per se but an extract since it is allowed to omit certain information including any signature box, signature or date of signature.

However, i must also point out that given your account charged off in June 2005 owing my client XXX, a fact you are aware of, you are no longer a customer of my client and therefore my client need do nothing under the CCA as this governs the relationship between the customer and credit provider. My client need not provide you with the default notice as this is not a default notice under the CCA nor any deed as this is a commercial document, and you are not party to it.

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Is there any course of action i could follow, as 'commercial' or not, i still have a default notice applied against me personally for something i have no recollection of ever recieving. A payment plan was agreed, and delivered, as agreed.

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