Hi tifo, But my issue is not with two defaults being added, just one. The bank, (legitimately, except I never received a notification or warning) added it, and have since sold the debt. Unless you mean here as in this site, as opposed to this thread?

*phew* Thanks. So my request is legitimate? Just to clarify though, I sent this letter to my bank, not the DCA the debt has been assigned/sold to. So when you say "You can also challenge them to prove that they have the legal right to pursue the debt by sending you a copy of the deed of assignment." do you mean they, the bank, or they, the DCA? On a related note, as of yesterday, the bank had my letter 2 weeks and I only gave the 14 days to reply (that link says 28, but here says 12, so I went for 2 weeks). Is there an actual amount that they are bound to reply by? Many many thanks.

In this instance my account with the bank has been terminated and I no longer receive statements or can request them under normal methods. The debt has also been sold/allocated to a DCA. Which of these, I am not sure of.

Thanks again Pam. Theoretically speaking, if they do not send a copy of the default, do I have ground to do anything about it, or does the overdraft/CCA issue effectively mean I am, for the want of better words, screwed in my quest to remove my default using the method of attempt detailed at the learnmoney website. Does the s78 exemption for overdrafts mean I am stopped dead in my tracks or can I follow the same procedure omitting the CCA element. The learnmoney letter (Remove Default Notices on a Credit File - We show you how) separates the CCA part from the deed of assignation and the default copy suggesting that I can pursue 2 and 3 independently. Phew - sorry for the mini-thread hijack.

Thanks Pam. So if they need to supply a default notice to confirm to S.A.R and do not, what recourse do I have as there is no statutory obligation as you stated? Perhaps the terminology is confusing me, but do they need to supply me with a copy of the default if I send a S.A.R? Is the S.A.R template here relevant to me as I am not claiming bank charges. Does what I need fall under the manual access point? Thanks.

Are they still liable to provide a signed true and certified copy of the original default notice as well as any deed of assignment if the debt was sold on? It appears I have erroneously sent a CCA request under 78 in this instance, but also asked for the above. Just want to know whether they are still obliged to reply and/or provide the supplemental evidence. Thanks

Ah yes, this is extremely relevant to me at this point in time. Fantastic.

Hi tifo, Yes, you certainly have more than sufficient ammunition with which to pursue Lowell on different but related matter, but in the grand scheme of things, a Creditor or DCA could actually comply with a CCA request and not actually benefit the consumer at all. The only reason this is an issue is because the general consensus and advice given out generally seems to be that sending a CCA request will get you a great deal more than the OFT is suggesting it can. Of course in the majority of cases those receiving CCA's either comply with more than they should (or so it would appear), or do not provide even the minimum requested and therefore default. You are correct though, clarity is needed.

Based on that, a reply to a CCA (considering many are sent when a DCA starts hassling someone who is not the original debtor) may not even prove that the debtor being pursued is actually the debtor at all? If that is the case what is the benefit of a successful request for a CCA?

I beg your pardon?

Any thoughts? Coming up to 12 days now, although I gave them 14 in the letter.

I wasn't asking that specifically, but the information is appreciated all the same . As far as I am aware the default was made because they allegedly contacted me to make a full payment to remove the overdraft (it was a student one). I did not go over my limit so there were no bank charges, or at least there should not be. No, I sent one to the bank. Finding out that the debt was sold to the DCA and sending the letter to the bank both happened around the same time so I sent the letter to the bank. I sent pretty much the first one here (it also asked for deed of assignation so that seems right) - Remove Default Notices on a Credit File - We show you how. It is the bank who have added the default not the DCA so that is why I have written to the DCA. I do not think sending a CCA to the DCA would help as I am not disputing the debt. Once I get a response back and the matter is closed (however I fare) I will pay the DCA. The default is marked like the below (assuming the Satisfied is because the DCA bought it, and for a reduced rate): Account type: Current Account Special Instruction Indicator: Partial Settlement Default Balance: £800 Overdraft Balance: Satisfied Status History: (brackets indicate most recent status) [8] I wonder if I can find out how much it was sold for?

A week ago last Friday I sent a CCA request to my bank regarding a default I that has been sold to a DCA (had verbal confirmation of this from bank). In this instance, I am trying to have the default removed rather than claiming ignorance to the debt, because I actually can claim ignorance to the default ever being posted. Because the debt is an overdraft (I did not "default" in the traditional sense, simply had not paid anything in for a while - I never went over the agreed limit) and not a normal credit agreement there is some question about how much of my request they need to adhere. However, all that aside, should I send a S.A.R - (Subject Access Request) request now to see where the extra £55 of charges have come from, or should I wait to see if they reply, and do I have the same rights if there is non-compliance as I do with a CCA. Also, considering the DCA situation, am I pursuing the correct people? To reiterate, I do not dispute the debt, and intend to pay the DCA - my mission here is to remove the default. Thanks for any/all responses.

I can assure you that you have no worries in that respect I am taking one day at a time, and will consult the necessary authorities for clarification before and if I make matters further. Right now I am just waiting to see what the bank reply with, if anything.

Personally I applaud you "going off on one" - as much an entertaining read as it is informative

That certainly gives tifo some evidence to support his or her current predicament.

Probably, i.e. Pam, and probably the people who have the power to affect it, but whether they do something about it is another thing. On the overdraft issue, that needs clearing up as well, but what can you do I am faced with another 4 years with a default on my record despite the fact that I have only just found out about it, with a technicality standing in my way.

Thanks Pam, apparently I need to spread some reputation around...! I found something similar at this link - BBA - British Bankers' Association - BBA Response to the DTI Consultation Document on the Financial Limits and Exempt Agreements - Question 16.B Does it categorically exclude the requirement for the bank to respond to CCA requests though? Clutching at straws maybe, however the text does say it is a partial exemption. Based on your previous responses, are you saying that the risk is the DCA can add another entry with the same date, or append a new name to the existing default (and hence have the same date). Would credit searchers see two defaults or one, regardless of whether they had identical amounts/dates?

Does the fact that this is an agreed overdraft affect me in any way? I.e. this is not the typical loan or credit card scenario, and I am not sure I signed anything specifically relating to the overdraft, so I am assuming it is contained within the T's and C's of the current account agreement I did sign? Just hoping the CCA request I sent is valid in this case, as I saw another thread where a DCA came back in a letter and said it was different because it was an overdraft, although other people contributing to the thread told the thread starter that was rubbish.

Yep, sorry, I didn't mean that the DCA paid my debt in full, but rather sold on at a discount (been reading so much on the subject my eyes are set to pop). Hopefully I will have success with the CCA I sent to the bank regarding non-receipt of the default notice. Presumably if I pay the DCA (which I am going to do) then the matter will be closed apart from the default. What would be a realistic amount to offer the DCA for full and final settlement, and also would the CDA levy charges which I would *have* to pay?

As far as I can see, yes, that *could* happen because you have not settled the debt. You are not obliged to pay it after 6 years, but it could still be present on your file for as long as the chain continues and it remains unpaid.

Oddly and perhaps related, but today I went into my Credit report, and the account entry for a credit card for the same bank, not the same account I reference in this thread has disappeared. It was a couple of years old so perhaps it is just coincidence.

Sorry I am a bit confused by that. Could you elaborate? I still owe the money, which is why I am planning on paying it off (to the DCA not the bank). The default already shows as Satisfied (is that the same as Settled?) as the DCA paid the Bank, therefore the bank marked it Satisfied.

Thanks for the info both of you. I hope this situation does not occur. I am actually liable for the debt in this case and will now be settling with the DCA as soon as I can bring myself to make the call, purely because the DCA in question has a horrific reputation online (Thames Credit). However I honestly never received any default notice or even any calls about it and have sent a CCA letter from that link. I spoke with the bank (on phone and in branch) who were less than helpful and could only give me details about the default that the credit report already gave me. Critically (hopefully) they could not tell me what address the default was served to (which would help me understand why I might not have received the notice) so I am hoping that this means that I might be successful based on the letter. I am assuming that that CCA clause refers to overdrafts in addition to the more common types of credit. Call me cynical, bf the bank takes the default off and it is resubmitted by the DCA (as described), then I would imagine a "I'll pay it off in full" offer to the DCA would be more likely to be successful in getting the default removed than with the bank themselves? Again, thanks.

Many thanks, but I have not settled the debt, but it shows as satisfied on the original creditors default entry as they have sold the debt to the DCA. So in this case, if the debt is sold on 10 times, a total of 11 defaults could (theoretically) appear?