Help struggling with Default removal

[jules79uk]

Hi All,

 

I have spent many hours searching this brilliant site and using the search function but to no avail.

 

Iv have read that when a Creditor sells a Debt to a DCA then the original Creditor should remove the default notice they applied and the DCA should then apply a default from the original creditors date, is this correct?

 

I am trying to repair my credit and i have multiple defaults for the same credit/debt from Barclays and NatWest who both sold on the original debt(Natwest sold to Lowell to which i settled)!

 

Also i have a number of defaults due to expire under the 6 year rule(industry standard) as follows:

 

Style Finacial defaulted 14/09/02 £336

Clysdale Finance defaulted 06/09/02 £130

 

Will these automatically be removed by Equifax or will they stay on my file as there is still an outstanding balance shown?

 

I also cannot find a Letter Template to request the original creditors to remove the default notice as they have sold the debt on any ideas??

 

Please can someone help me.

Edited September 3, 2008 by jules79uk
spelling mistakes!

[BankFodder]

Mutiple defaults for the same debt seems to be very unfair. I think that you shojld query this with the CRAs and also with the IC and let us know what they say.

[jules79uk]

At the risk of sounding foolish how can i question the CRAs is there template letter head also how would i get intouch with the information commisioner and who are they, i have not heard of them before.

[jules79uk]

Iv searched and search but cant find a template letter for disputes with CRAs over multiple defaults

[BankFodder]

There are no template letters.

 

Just write to them, point out that you notice that your credit file contains several (one, two, etc - give the number) of defaults but which each refer to the same alleged debt. Ask them is this correct that a single debt may attract multiple defaults and if so on what basis. If it is not correct and that in fact a single debt may only be associated with a single default, then what procedure is there for correcting the record? Also you might like to ask them what is the rule about the date from which defaults entries are effective. If, say, a debt has been in existence for three years, is it correct that a default can lodged at that time so that effectively the 6 year life of the default only comes to an end 9 years after the debt fell due - and three years are it became subject to the Limitation Act.

 

Again on the matter of multiple defaults, ask them if it is correct that where the same debt has been asociated with two or more default entries, each beginning, say, at two year intervals, that this would effectively mean that an account can remain defaulted for far longer than the 6 year period.

 

It would be very interesting to know the answer to this question and you shoujld ask the same question of the IC - although I have to say that I have a feeling that the IC will hedge.

 

Give it a go and let us know. You might have to contact me through a mod to remind me, please.

[jules79uk]

Thanks BankFodder,

 

Please see below frafted letter due to send to Experian, will this do?

Equifax has more than 7 defaults logged against me compared to experians who only have 3 so am still drafting that letter but will also be asking the same questions.

 

********************************************************

Removed

********************************************************

Edited September 13, 2008 by jules79uk

[BankFodder]

I wouild send a more general letter asking fro clarification on the principle of multiple defaults for the same debt.

 

I think that your letter here is too particularised.

 

A short letter asking two separate questions which are clear, simple and unambiguously expressed so that they may attract a similarly clear and straightforward answer.

 

Your letter is convoluted and offers an opportunity for anyone wishing to escape the point of your questions to do so.

[jules79uk]

Thanks for the message i have copied the letter and printed and will send to Experian and Equifax, i will let you know once i have an update.

 

I have held off logging a dispute on my file untill i get the reply - looks like that mortgage application will have to wait for now!:-|

[jules79uk]

Urgent help needed - I am in the process of applying for a Mortgage, i have been in alot of communications with a recommended advisor who has looked over all my defaults however doesn't know value of debt.

 

He has some good news which i never expected he can get me a mortage with all my defaults 3XExperian 7xEquifax however they have alimit of £3k.

 

Experian=£1716

Equifax=£4785

however without multiple defaults on file for the same debt

Experian=£1716 intresting that experian have correct info

Equifax=£2238

 

Is it worth calling up Equifax and ask them direct what policy they have for tghe same debt being defaulted as i really could do with this sorted ASAP now!

[BankFodder]

No really. get it in writing

[jules79uk]

Right i have an update, Thanks to Bankfodder who drafted a letter for me, I sent letter to both experian and equifax only received a response from Experian, and they missed out the main question about if it is correct that multiple defaults can be applied on you credit file if they all relate to the same alledged debt.

 

On a plus note however if a alledged debt is bought by a DCA then they must use the same dates in respect to when the credit was opened or when it was defaulted.

 

I have subsequently sent a return mail to Experian asking them directly if multiple defaults can be logged in relation to the same debt when sold on to DCA's i will update upon reciept!

 

Still alittle surprised that Equifax couldnt respond especially as i sent by recorded delivery!