Default Notice Removal

[hackers2009]

I have one default notice left on my file now out of 9 just over 9 months ago. I have to say I have done it solely with the assistance and advice of this forum so I would like to say a massive thank you.

 

To give you a better picture, when I started out I was being chased non-stop for the following:

 

HSBC Current Account - £6850 - Default

HSBC Mastercard - £1611 - Default

Littlewoods Direct - £303 - Default

Kays - £290 - Default

Vodafone - £53 - Default

Vodafone - £195 - Default

Natwest - £553 - Default

HFC - £1330 - Default

Egg - £566 - Default

 

Total - £11751

 

I was always prepared to pay this if I had to, but following the advice on this site I have not paid a penny and all but 1 of the defaults remain on my credit files. I have letters from all creditors stating they will no longer be chasing the dept as they are unenforceable.

 

However it is quite ironic that the one that remains I have absolutely no idea what it relates to. It's the HFC one that is now with Aktiv Kapital / Thames Credit.

 

I requested the CCA back in March 2008 and to date they have failed to supply and documents, let alone a copy of the supposed agreement!! I even went to the length of contacting the HFC Litigation department myself and they confirmed they did not have such a document. In fact they couldn't even tell me what the dept relates to, they said it MIGHT be a loan or it MIGHT be a credit card!!

 

Anyway we are now at the point where last week I issued a County Court Claim against Aktiv Kapital for the removal of the default notice. I received a call yesterday from a Solicitor acting on their behalf saying I should now have no further contact with them and she will write to me in the next week.

 

I will keep you posted, by I will be taking this as far as I need to.

 

Once again thanks guys for all the advice.

[cadencealex]

Well done

 

Can I ask though, on what grounds have you managed to have all of the defaults removed?

[mak71]

Hackers, can i please ask how you got the other 8 removed,

did you have to start court proceedings before they removed them,

ive just recieved my first default on my file for an unenforcable account and would be interested to know how to get it removed and how much it would cost if i had to issue court proceedings and whether this would be re imbursed by the other side,

Thanks

Mak

[hackers2009]

I waited until the creditor's wrote to me confirming they were no longer going to chase the dept and then I wrote to them stating that they did not have my permission under the DPA to continue.

 

I had several telephone calls and some letters stating they would remove them, I never believed it to begin with.

 

I checked my file the other day and they are gone, no reference to them at all.

[hackers2009]

Hi 'mak71'.

 

No I have not issued any proceedings until the Aktiv Kapital one last week.

 

I will take this one all the way though.

[cadencealex]

I waited until the creditor's wrote to me confirming they were no longer going to chase the dept and then I wrote to them stating that they did not have my permission under the DPA to continue.

 

I had several telephone calls and some letters stating they would remove them, I never believed it to begin with.

 

I checked my file the other day and they are gone, no reference to them at all.

 

 

Is this because the agreements were unenforceable?

[mak71]

Thanks,

will watch with interest,are you also claiming the court costs back?

Mak

[silverfox1961]

Hi,

I tried that with lowells but they totally refuse to remove my default even though they have closed my case as no agreement. I've just complained to the Information Commissioner and the FOS??

All I can say is, "You jammy sod! :D"

 

fox

[hackers2009]

Is this because the agreements were unenforceable?

 

Yes, I waited until I had it in writing from them that they were no longer going to pursue the dept and then I made the request.

[supasnooper]

Perhaps you may wish to share the successful letter you used to remove the defaults?

[hackers2009]

Hi,

I tried that with lowells but they totally refuse to remove my default even though they have closed my case as no agreement. I've just complained to the Information Commissioner and the FOS??

All I can say is, "You jammy sod! :D"

 

fox

 

I do consider myself lucky now, as Lowell were one of the DCAs that removed 2 of mine!!

[silverfox1961]

I do consider myself lucky now, as Lowell were one of the DCAs that removed 2 of mine!!

 

Perhaps it's because Lowells managed to provide me with an application form that they say is the agreement. If that is the case, why is my case still closed. Hmmm, perhaps because it isn't the agreement. They just love to have this last grip on power.

 

fox

[hackers2009]

Perhaps you may wish to share the successful letter you used to remove the defaults?

 

I will post it now, it was nothing special trust me!!

 

 

Thursday 1st May 2008

 

Lowell Financial Limited

PO Box 172

Leeds

LS11 9WS

 

Dear Sir or Madam:

 

Reference: 9xxxxxxx

 

Thank you for your letter dated 29th April 2008, advising that the above referenced account has now been closed due to Lowell Financial Limited failing to supply information under the Consumer Credit Act 1974.

 

I have now obtained a copy of my credit reference file from Experian, Equifax and CallCredit. The following information is contained within these files:

 

 

Equifax:

 

Lowell Portfolio £1611 Default

 

Experian:

 

Lowell Portfolio £1611 Default

 

CallCredit:

 

Lowell Portfolio £1611 Default

 

 

I hereby claim that Lowell Financial Limited is in breach of the Data Protection Act 1998. Lowell Financial Limited does not have and has never had my consent to store, process or share my personal data.

 

I request that under the Data Protection Act 1998 you remove all reference to Lowell Financial Limited from my credit file with Experian, Equifax and CallCredit within fourteen days of the date of this letter. Please also note that marking the file as ‘Satisfied’ is not acceptable.

 

I will make no further request to Lowell Financial Limited to do this.

 

It is my intent to make a formal complaint to the Information Commissioners Office, The Office of Fair Trading and Hampshire County Council Trading Standards on Thursday 15th May 2008 if I do not receive written confirmation that you have removed this data from my credit files.

 

 

I look forward to hearing from you in the very near future.

 

 

Yours faithfully.

 

Xxxx Xxxxxxxx

 

Mr Xxxx Xxxxxxxx

[supasnooper]

Thanks for this. I'm sure it will be of great help to those who use and visit CAG.

 

BTW - Congratulations on your successes and hope you get the last issue resolved to your satisfaction.

[hackers2009]

Thanks for this. I'm sure it will be of great help to those who use and visit CAG.

 

BTW - Congratulations on your successes and hope you get the last issue resolved to your satisfaction.

 

Thanks.

 

I get the impression though that this one will be a long drawn out process. I will keep you posted though.

[cadencealex]

Excellent

 

Well done

[harlequin10]

Yes, I waited until I had it in writing from them that they were no longer going to pursue the dept and then I made the request.

 

 

Hi, well done, really interested in your success, I have 9 defaults that I am desperate to get removed!!

 

At what point, from requesting a CCA, can you get them to write and say they are not going to pursue?

 

I sent off 9 CCA requests to various DCAs some have replied with application forms, etc, some have been returned to the Original Creditor, some are being passed from one DCA to another and some have not even replied.

 

Harlequin

[hackers2009]

Hi, well done, really interested in your success, I have 9 defaults that I am desperate to get removed!!

 

At what point, from requesting a CCA, can you get them to write and say they are not going to pursue?

 

I sent off 9 CCA requests to various DCAs some have replied with application forms, etc, some have been returned to the Original Creditor, some are being passed from one DCA to another and some have not even replied.

 

Harlequin

 

I waited until the time had elapsed for them to respond and then wrote to them telling them they had now committed an offence by not supplying the CCA.

 

I had letters back from them within a week or so saying they were closing the files and would no longer be pursuing the dept. In fact 3 of them even apologised for causing me distress!!

 

I then made the requests for the data to be removed.

[harlequin10]

WOW, you are really lucky!!

 

Don't think mine are gonna be that easy!!

[price3]

help same situation wiv voda gota defaultn coz i didnt pay a bill because i wanted sent in writing they say that they have sent letteres but they have not said there is nothing that they can do about it?really need some help and ideas wont it removed desperately!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

[hackers2009]

QUICK UPDATE!

 

County Court Claim was served and I received a letter their Solicitor advising that they had filed an 'Acknowledgement Of Service' and that they intend to defend the entire claim.

 

I am a bit confused now though as I have checked my credit report this morning and the account has completely disappeared!!

 

I will keep you posted........

[noomill060]

"I have checked my credit report this morning and the account has completely disappeared!!"

 

Perhaps this is why they intend to defend...

 

Wait till you get a copy of their defence before doing anything else.

[hackers2009]

''Perhaps this is why they intend to defend...''

 

How do you mean??

[WOOD73]

They will file a defence, stating the said information has already been removed.

dont know how you go about claiming costs etc. then though.

[hackers2009]

I have a printout showing it was on there when I issued the claim.