Thanks Ive sent the letter suggested in the above link to Capital One and Sainsbury. In regards to Barclaycard I wasnt sure who to send it to, however it now appears it will be Lowell Finance. If the agreemennt they sent me does not meet the proposed layout of the CCA, then thats an extra bit of ammo. The defaults due to drop off in around 5 months, so im hoping they will remove it early if i fight hard enough. Court action isnt really an option, by the time it all goes through and a date set, then the default would have dropped off by itself!

Hi, Thanks for your replies The letter i received said: The enclosed documents were the above scanned agreement, and a copy of the terms and conditions from 2001.

Hi, Ive just received a copy of my CCA agreement through from Barclaycard that was taken out in 2001. I was only 18 at the time and was more interested in signing the form to get the card then read through the terms and condtions. Ive just noticed that PPI was charged to me each month, and from looking at the agreement its included with no option to opt out - they give it automatically. I applied for the account online, they then sent the form through for me to sign. Your comments will be greatrly appreciated. Large Version

Here is an letter I have drafted to send back. Comments, alterations and suggestions all appreciated!

Received a copy of my CCA request back this morning: In the letter is also stated - So it appears it is Lowell who put the default on the file. Below is the copy of the credit agreement they sent me. From first impressions could anyone advise if it confirms to the specfications in the CCA? I cant see any signature from Barclaycard, nor can i see the words Credit Agreement at the top. Also the other worrying thing I noticed is how the PPI has been built into the CCA with no option to opt out.

Just received a reply back from the CRA - Need to work out how im going to reply to this. Im not too happy about the notice of correction, as ive read that this often does more harm then good for the below reasons: The above is taken from CheckMyFile.com. This is the reply I received from experian in dispute to the info held on my file: Seems to be a standard cop out to be honest. Not impressed with their answer to the financial associate. Any help, advice, hints or tips in the meantime will be greatly appreciated.

Thank you car2403 and also many thanks for the email. I'll put this in the post to them and await their reply!

Hi, Ive just found the below and thought people may find it interesting. Principles of Reciprocity can be viewed HERE.

Heres the revised letter to Capital One Any comments, questions, alterations greatly appreciated

Hi, The attachments I added were from the online application form I completed. They then sent me out the CCA Agreement to sign and return. Going by this it seems they are way off the mark in terms of the prescribed terms for CCA agreements, as they cant say it was an application form. I sent the initial letter, then the LBA and finally has to issue a court claim against them. After the LBA they sent me a cheque for £80, however once I issued the court claim they paid up as "full and final settlement". I sent off my SAR prior to getting the charges back, so have all the documents and statements. The default amount showing on my credit file is for £484, however £252 of this is made up of late payment fees which they have since refunded. That quote looks very promising, I will have a read up on that

I searched high and low on the site looking at how to dispute information, however could find nothing. In the end I phoned Experain up and they gave me the following email address to send my dispute to: [email protected] I have drafted up the following email, however any comments, suggestions and alterations would be greatly appreciated!

I havent received a reply from Surlybonds letter yet. Depending on what that says I think i'll pick up on something they said on their last letter. Firstly, if they dont retain a copy of the default notice how am I to ensure it complied with s88 CCA. Also I would have thought this would have been an important document as its what allows them to place the default on my credi file. They also state that it can be recorded because I was in default of the terms and conditions of the agreement. That agreement has now been paid in full, and as such the agreement has now finished. S10 DPA - The contract is now over, the account is now out of default - I would class that as a reasonable time to cease processing the information.

Heres the print out they sent me of my online application: Page 1 Page 2 Heres the additional info they sent me in relation to me ebing "credit scored" Page 1 Page 2

Thansk Car2403. I'll scan and upload the other documents a bit later (application/decision etc). So im presuming that this "credit Agreement" would be unenforceable. As such should I add this information into the letter?

The only bits that have been blocked out by myself is my address at the top and my signature. It cant be the application form as I applied online. They also sent me a print out called "Application Info" and "Decisioning Info" The application form us just the details I typed into the online form and the Decisioning Info looks like the critera they use to credit score. Going by this, I'll add into the letter that the agreement is unenforceable as it does not meet the prescribed layout under the CCA Edit - Can anyone point me to the right section of the CCA that stipulates the layout a CCA must be?

Another point to add to hopfully back up the above - Once all money has been paid, the contract has been fulfilled - thus you are no longer in default.

Hi car2403, Thanks for your reply. Yes, I did use surlybonds template. Having read back through the letter, I can see where your coming from in relation to them justifying keeping the information on my file. I think it was because they didnt mention anything about the request that their reply didnt sink in. I'll have a play around with the letter removing the parts about s10/s12. I also have a few more bits to add, however i'll post another draft up first. They wont get it till after xmas now anyway! A couple of posts above is a copy of the CCA they sent me. I think its a bit dubious to be honest, in so far that it dosent have a lot of the required information on it. Theres a link which will show the CCA. Very fair point and something I have considered myself. Its nothing to do with compansation, but more a matter of princiaple. The fact that a year of hardship and they think it gives them the right to punish you for 6 years. Jobs, Mortgages, Utilities - Parts of eveyones furture that these people can almost ruin by making the rules up as they go along. I didnt know much when I came here, but ive been researching online and got books out to read up on the DPA and CCA. I hope the last part dosent come across as a moan at yourself, but I really do detest how these people handle my information, and hope that one day what I learn I can put into practice and offer help and advice like yourself. All the best Dave

Companies and credit reference agencies say defaults will remain on your credit file for six years. We now know that this is "standard industry practice" as opposed to a legal obligation. It dosent state in any legislation this is the period of time they must be held for. When you breach your contract by failing to make payments, I see there are three options available. Default If the payments are in arrears the creditor must issue a default notice before legal action can be commenced. County Court Judgement - CCJ The next step after a default notice has been issued. If you fail to acknowledge or comply with the default notice the creditor can take the matter to court where a CCJ will be registered. This court order will make you repay the sum owed immediately or by instalments. Bankruptcy A creditor can also make you bankrupt. This can only be done if the creditor is owed more than £750. Creditors have the right to join together to make the total amount up to the minimum required (although this is rare). Sometimes creditors use bankruptcy as a threat for debt repayment, and do not intend to go through with it, though others may use it when the debtor appears to have substantial assets, i.e. house, car etc Your Credit file Default - A default will remain on your credit file for six years from the date it was issued. CCJ - A CCJ will remain on your credit file for six years from the date it was issued. Bankruptcy - A bankruptcy marker will remain on your credit file for six years from the date you were made bankrupt. Now, although there is no legislation and its only "standard industry practice" to hold default information on your account for six years - How can this be proportinate to the breach when compared with a CCJ or Bankruptcy? In my opinion, a default should remain on the account whilst the account is in default. It should then be removed once the account has been settled. "at the end of such period as is reasonable in the circumstances to cease" - Would it be reasonable to say that once a defaulted account has been settled, it is a reasonable time to remove the marker on the credit file? It means that the contract is over, all sums owed will have been paid and you are no longer in default of that contract. The DPA also states that all information held must be relevant. When you default on an account and the marker is placed on your credit file, It is relevant to your current situation. However once all money owed has been paid and you are no longer in default - how can it be relevant to keep it on your file. At present a default will show prospective lenders that you are a financial risk for six years - even if the debt has been cleared long before that. Once again it won’t be relevant to your current situation. If you are in financial trouble, its likely to get to the stage where a CCJ will be issued by a court. I can understand this staying on your file as it’s a legal order. I hope people can see where im coming with this! Been somthing buzzing around my head all day!

So many postings in one day Another point im looking at is the original credit agreement. From reading THIS thread, it appears a couple of sections are missing from my agreement. As the account it closed and paid up - if the agreement is unenforceable, would that be another avenue to get my default removed? Credit Agreement (Ive had to put it in as a link as its massive!)

Right! Ive drafted my letter up, but as you may be able to tell, letters are not my strong point! Any advice, beefing or alterations are greatly appreciated!

If they dont keep a copy of the default notice, how am I able to check they have complied with the consumer credit act at a later date? I would personally have thought that a default notice is quite an important notice seeing as its required to be served under the CCA.

Going to start drafting my letter up later, however whats annoyed me is that they have not answered any of the questions in the original letter. They have also completly ignored my "Statutory Notice pursuant to Sections 10 and 12" which I included. Any tips/pointers before I start on a letter would be greatly appreciated.

Ive got a default on my account with Capital One thats due to drop off in April 2008, although I thought id try and get it removed sooner. I sent off SurlyBonds HUGE letter and got a reply from them this morning. This bit makes me laugh: It might as well read: The default amount on my credit file is showing as £494. They refunded me £252 so I might argue that the default amount shown is incorrect and as such should be removed. Going to go back through Surlybonds letter later, as they failed to answer many questions that it asked.

From Experian: From Call Credit: From Equifax:

Ive got a linked address because Halifax sent my loan application to a completly wrong address (other side of the country!) Im now in the process of trying to get that removed. They also have me linked to my partners parents address for some strange reason! Ive never lived there, never ordered anything there and even when I met my partner she wasnt living there! CRA say that it is industry practice to hold data for 6 years, however would be interesting to find out where it says the information will be held for 6 years AFTER the account has been closed. If information does need to be held for six years, I personally believe it should be 6 years from the date it is added.