No Cca - How Do U Get The Default Removed Asap??

[lornarobins]

Hi there:)

 

Can anyone tell me how to get a default removed pronto - after a CCA requests has been made and they have failed to comply - rather than sending endless letters to the DCA asking then to do so??

 

CRA's are unable to remove the defaults from your credit report until asked to do so by the DCA.

 

I have not paid any money towards the debt, and only found out about the default when I accessed my credit file.

The original creditor withdrew their default within days of being contacted by the CRA on my behalf - I knew I had a debt with them but was completely unaware the the debt had been sold to a DCA!

 

I know there is no quick fix - but surely after 12+2 days - and after an additional 30 days when they committed an offence the default should be removed ASAP!

 

If anyone has any advise please help - I desperately need to re mortgage, but have some very minor defaults on my credit file which will make this difficult - I want then removed as soon as poss and I believe that they will not produce a CA after 30 days!!

 

How do I get the default removed quickly after this time period if the DCA fails to respond to my default removal requests???

 

Any help would be sincerely appreciated - Thanks

[Guest Old_andrew2018]

My reply is to bump your thread, I have to say default removal is a sloe process, Just one more point the section of the CCA 1974, regarding a summary criminal office was deleted earlier this year.

[questioning]

Take a look here, there is plenty of info for you on this sub forum....

 

http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/124065-default-removal-successes.html

[lookinforinfo]

There are a many ways I suppose to get your point across, but the difficulty lies in getting them to react in the way you want.

You could always try some reverse psychology on them just to see if it works-it may not if they are too dim to work it out............

 

Dear Sirs,

As you know I sent you a CCA request on ..........[date]. As I am sure you know, you are in serious breach of the Act in failing to supply me with the relevant documents. The original creditor, who also could not locate the executed agreement, was very quick to remove the default from my account.

 

At first I was disappointed that you have decided not to remove your default from my account. After all a creditor is not permitted to take any action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and as such the following would apply:

The creditor may not demand any payment on the account, nor am I obliged to offer any payment.

The creditor may not add any further interest or charges to the account.

The creditor may not pass the account to any third party.

The creditor may not register any information in respect of the account with any of the credit reference agencies.

The creditor may not issue a default notice related to the account.

Please be aware, the CCA 1974 is very clear that a default can only be issued for breach of a valid, regulated agreement. As there is no agreement a default cannot be lawfully issued as no valid, regulated agreement has been breached.

{as an aside, I would like to thank Rory for these last couple of paragraphs as I

lifted them from one of his threads-which is well worth a read as I don't think enough people may have read his full letter. Unlike me he doesn't do irony-

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/93884-wescot-rbofs-oh-dear-2.html}'

 

However after some reflection I decided that I was quite pleased that you had left the default on my account, presumably to run its course. The reason for my delight was the fact that I had just read of a case where a default had been wrongly issued RICHARD DURKIN v. DGS RETAIL LIMITED+HFC BANK PLC, 26 March 2008, Sheriff J K Tierney and the Court had awarded the alleged debtor damages of over £100,000. Now I realise that every case is different and I may not qualify for such a large amount, but from my understanding of that case, my compensation from you would certainly be in five figures.

And in the light of the fact that I am trying to get a mortgage at the moment and your default may cause the lender to impose a higher interest rate, it may well be that your intransigence may enable me to provide the lender with a much bigger deposit than I had expected.

 

Furthermore, the longer you keep the default in place, the higher my payout will be since I am looking to take out a credit card or two shortly and it is really only your default that might oblige them to offer me higher rates of interest which I would be able to claim back from your good selves.

 

As I said earlier, the original creditor had the sense to observe its legal obligations by quickly removing the default and without the necessity of my pointing out the risks involved in not doing so. I trust that you will give this matter your urgent attention to avoid any future embarrassment.

 

Yours Faithfully,

 

don't sign just print your name.

 

It is no more guaranteed to work than any other approach, but the thought of perhaps having to payout money may just concentrate their minds long enough to comply with your request.