How do you remove defaults when no CCA produced?

[vwscottie]

Hi CAG people

Newbie posting here so please be gentle - great site by the way

After lurking a lot on this site I have sent CCA requests off to various Debt Collection Agencies regarding catalogue debts - not one of them have provided me with a true CCA and in turn I have CCA the original catalogue companies. They have gone way past the 12-2-30 days and I have sent them all a letter I found on here asking for the defaults to be removed. I have heard nothing more - and this was quite some time ago but the defaults are still registered against me and obviously affacting my credit file (not that I want to get credit or anything) so does anybody have any ideas on what I should do now. They havent passed the debts to another companie (that I am aware of) just from reading i was under the impression that without a CCA the default has to be removed and obviously they havent so a bit confused as to what to do next.

I would appreciate any help you have to offer - all accounts defaulted within the last year or two so have a long way to go before they drop off my credit file so I would like to get it cleared up asap as I would like a new mortgage soon as coming to the end of my fixed rate.

[Monty2007]

Hi CAG people

Newbie posting here so please be gentle - great site by the way

After lurking a lot on this site I have sent CCA requests off to various Debt Collection Agencies regarding catalogue debts - not one of them have provided me with a true CCA and in turn I have CCA the original catalogue companies. They have gone way past the 12-2-30 days and I have sent them all a letter I found on here asking for the defaults to be removed. I have heard nothing more - and this was quite some time ago but the defaults are still registered against me and obviously affacting my credit file (not that I want to get credit or anything) so does anybody have any ideas on what I should do now. They havent passed the debts to another companie (that I am aware of) just from reading i was under the impression that without a CCA the default has to be removed and obviously they havent so a bit confused as to what to do next.

I would appreciate any help you have to offer - all accounts defaulted within the last year or two so have a long way to go before they drop off my credit file so I would like to get it cleared up asap as I would like a new mortgage soon as coming to the end of my fixed rate.

 

This area creates a lot of confusion. You may have been served a "Default Notice" by the OC which is essentially a remedy to stop them terminating your credit card agreement with them. It must conform to the 1974 Act. If you do not remedy (i.e pay the sum demanded) then they will terminate and initiate collection procedures or sell your debt on to a DCA.

 

If you have default notes on you credit reference agency files then these are very different. Both the OC and Experian etc will claim that you have agreed to the processing of your personal data when you applied for the card, this will usually be within the application and the T&C's if you get them provided. Even in the absence of a CCA and T&C's they have the right to process your data which reflects your credit risk.

 

There are many posts where CAG members have petitioned the Information Commissioners Office and you will find that the only cases where CRA files are changed is where the charges are very high and have resulted in the account being defaulted. Even if you serve a S10 on the OC (under the Data Protection Act) they will still process your data unless you can prove fraud, they have records (statements) that show you have spent the money even if you do not have a valid CCA. I have been through this with Amex.

 

You may want to post up more details and this will precipitate more comments, advice and discussion.

[vwscottie]

Thank you very much for your reply, I appreciate you taking the time.

I understand what you are saying to some degree but as far as I can remember I have not received a "default letter" from any of the these catalogue companies but as you say, one of them did replt to my request to remove the defauult by admiting the debt was not enforecable and therefore could not be chased etc but they were withing their rights to register a default.

 

All of these debts were catalogue companies, I did not sign any documents when opening the accounts or during the time I had the accounts, hence my CCA requests.

 

I suppose I am quite lucky in that they are no longer chasing me for these debts but I was really hoping to get the defaults removed - I understand that they have statements showing transactions etc but I was just under the impression, probably wrongly, that without a true CCA they could not legally register a default against me, this is what it said in the final letter that I sent to them that I found on this wonderful site:-)