2 defaults Egg and Vodaphone - Default hell!!

[Neo]

I think the best way to get this one removed is to write a letter to them asking them to provide you with true, signed copies of the following;

 

The original credit agreement

The Original Default notice

 

If they can't provide either of then the default is illegal because of different reasons, so you need to post when you get a reply.

 

I will copy/paste an example letter i wrote if you would like to use it.?

 

It has worked twice for me...

 

Neo

[Neo]

Date

Account Number/Reference:

Dear Sir/Madam,

After recently obtaining a copy of my credit file from Expedia, Experian & CallCredit [Delete as appropriate], I am concerned to note that your company has placed a "Default" notice against an account I held with you.

Further to this, I have no recollection of ever receiving such a notice, and I therefore require you to substantiate this data.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account. I enclose a £1 cheque to cover the statutory fee.

2. Please also supply me with a signed, true and certified copy of the original default notice.

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

I would request that this data is provided to me within the next 14 days. If you are unable to provide this data then I require all adverse information to be removed completely, including any defaults that may have been applied. Please note that mere correction or amendment to the entry will not be acceptable.

Yours faithfully,

You

Please remember to put the cheque in for £1.00!

This letter has worked for next Directory and Natwest Credit Cards

[Neo]

Hey no problem, keep us informed to your progress and I have a letter 2 which i have used in case they come back and play dumb, etc.

 

Good luck

[Neo]

Hiya,

 

I would leave it as is, because that fact is irrelevant really.

 

I have had a default wiped off mty credit record last week using this letter. Nice

[Neo]

xr537,

 

Genius I must say, I was looking at the same sections in the DPA, but couldn;t work out a way to apply them. I think the questions on all our minds are:

 

a) Have you applied for credit since you have 'cleared' your records,

b) Have you checked your credit records since? What does it show, just blank or have the simply made the adverse info 'good'

c) Finally, do you know if your credit records still exist?

 

Thanks

[Neo]

Thank you for your answers, most appreciated.

 

Last two thing si promise... just working out whether to take the plunge!

 

Firstly, I noticed that orange put some entires on your credit record AFTER you had changed it... does this mean thaty entries can still be placed on it (I would want this to happen to gain a good credit history)

 

Secondly, THe credit accounts you have applied for, were any of them instant, online decisions?

 

That is some awesome information you have provided us with which i expect credit reference agencies would rather us not have...

 

Thanks again

[Neo]

xr537,

 

Great writing and great work.

 

One thing I note which could also work is, if I decide to take the plunge (I have the right to from the DPA) then if I decide to change my mind, I equally have the right to change back to automated decisions?

 

Sounds good if that is the case!

[Neo]

Thank you... this is excellent and a lot clearer.

 

Last question (it's good for bumpign up the post too) - could this be, in your opinion, applied to any default - as long as the contract that was signed agrees?

 

ie a default which was applied within the contract as opposed to after the contract was cancelled?

[Neo]

Surly bonds, just came to this post yesterday after been on in it's early days.

 

Thank you for your intuitive posts.

 

Please let me know which "Copy of Law book from Amazon…£19.95" - I would like to buy it. I would also be willing to help/fund/take part in any action/campaign against the CRA's if you decide to take that step. I hope we can organise something soon.

[Neo]

Surly bonds, Neo, et al

 

I just wanted you to all know that you've changed my life. Surly bonds - your wonderful letters are concise and the description/explanations are meaningful. For the first time for quite a few years, my head is lifted and I feel I can 'get out of this awful whirlpool that these institutions seem intent on keeping you in'.

 

We hit money problems as a result of my ex-husband legging it out the country owing a lot of money to people you don't want to owe money to. As the only maintenance he was responsible for - he was paying for my beautiful teenager through private school and she is currently in the middle of GCSE's - we couldn't just pull her out in the middle of what has been her life for many years. Suddenly, £1,000 a month extra had to be found and savings, etc soon went. Don't misunderstand - we're not a 'posh' family by any means - but she was our priority for these few years.

 

By the way, my current husband also wants you to know that bed-time is "ruined". (I printed off the whole of this 9-page thread and have it as bed-time reading.) It is empowering and started me on the uphill battle to take control of MY life. I don't have any CCJ's or anything like that - it's a few small defaults and a few payment historys going into the '3's a few times but it can be the difference between paying up to £500 a month on the same mortgage and whilst I am claiming the bank charges back - more importantly, I am able to address our credit files which will enable us to get back on our feet again.

 

MY DEEPEST THANKS ONCE AGAIN AND PROBABLY FROM MANY OTHER PEOPLE WHO HAVE READ THIS WONDERFUL THREAD.

 

Glad this post has been of help. These comapnies will not be able to supply incorrect information about us much longer i expect... Keep us informed of your progress...

 

Neo

[Neo]

Surly bonds,

 

I have just received an interesting letter from natwest Credit Card Services - who's Litigation agreed in writing to originally agrered to remove a default... which they haven;t done yet.. so i chased them with a letter to customer services.

 

I have received an a reply with a very interesting paragraph;

 

"In accordance with an agreemment set up between the British Bankers Association and the Data Protection Registrar, your detials will remain registered for a period of 6 years from the date of registration. This Areement carries full approval of the Office of Fair Trading."

 

I would love to read a copy of such agreement. Maybe it was done over a round of golf?

 

Neo