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Can I get this debt removed from my credit file?


lisa2393
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Hi Guys,

 

hope you are all ok?

 

I had a credit card with Virgin and have paid off all that I owe.

 

However there is an outstanding balance which is made up entirely of charges.

 

I have requested a CCA which they have yet to provide after 8 months.

 

After checking my credit file they have entered a default notice, my question is, as they have not supplied a CCA is there anyway I can get this removed from my credit file?

 

Any advice would be gratefully received.

 

Many thanks

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Hi lisa

 

The answer is, it depends. You say you had a credit card with Virgin. Did you just chop it up or did you actually close the account?

 

If you closed the account, then they have no duty to supply anything uner the CCA because

78(3) Subsection (1) does not apply to--

(a) an agreement under which no sum is, or will or may become, payable by the debtor

 

If the account is not closed then you need to pursue them under the CCA.

 

If it is closed, you need to reclaim the charges and ask for the default notice to be removed at the same time. This is a bit of a fight but many people have succeeded. If you have all the statements, you can proceed by sending a prelim letter from the templates library (suitably modified for a credit card - it is fairly obvious what changes need to be made) and make sure you include the bit about default removal.

 

If you don't have the statements, you ned to go back one step and send an SAR (also in the templates library).

 

Keep us up to date - we're with you all the way.

 

 

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Write and remind them that you wrote and tell them the account is in dispute and that they have committed an offence under s78(6) of the CCA 1974. Tell them that you will be making an official complaint to the OFT and the FOS.

 

REmind tham that they must send you a copy of the executed agreement and a full statement of account incouding all charges and payments to comply with their obligations under s78(1) of the CCA.

 

 

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