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angryandy

Can i get default removed? please help

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Hi people

 

Just hope you can help please.

 

I recently got a credit report off Experian which to be honest wasn't great reading.

 

But one of my defaults was off the Natwest saying i had defaulted on a loan which they couldn't produce a CCA for.

 

It was my thoughts that they couldn't do this as it is an unenforcable debt.

 

If i am right what would i have to do to get it removed?

 

This is seriously starting to annoy me but wouldn't know where to start in getting it removed.

 

Any advice or help would be very much appreciated as it is starting to stress me out

 

Thanks again Andy...


Andy...

 

 

 

 

 

 

 

 

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Hi, I'm in a similar situation.

 

My complaint relates to a closed mail order account (NEXT Plc) and i have issused them with a cca requested which they failed to provide a true signed copy of the agreement. They have recorded a default against my name and i am trying to get it removed.

 

I need some help, same as you, on how about getting a default removed when there was no cca.

 

I hope someone can help us!


Bank Charges refunded from Halifax £2600

Bank Charges refunded from halifax joint account £554

Credit Card Charges refunded from Halifax £300 plus interest

:D

 

 

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Any help please people?

 

Need to get this sorted asap.

 

Thanks again Andy...


Andy...

 

 

 

 

 

 

 

 

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it is down to the CRA to check their data is correct.

 

i'd be inclined to write to them, stating that the said default was issued by a co. not having a CCA with you & as such it should be removed.

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Thanks dx.

 

So you think it should be taken off then.

 

Will take your advice and do that.

 

Are there any template letters i can use that you know of?

 

Thanks again Andy...


Andy...

 

 

 

 

 

 

 

 

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Thanks dx.

 

So you think it should be taken off then.

 

Will take your advice and do that.

 

Are there any template letters i can use that you know of?

 

Thanks again Andy...

 

Hi Andy,

 

Myself has already tried this several times. I have called experian today and got a response " we can't remove data from your credit file without the permission of the company"

 

The bloke said to me its like going into a libary and you read a book and you noticed spelling mistakes etc and you ask the libary to amend the book, but as they are not the authur of the book, it is the authur who is the only person can amended the details of the book. Silly i no!

 

I asked experian, why do they continue to show data that they know themselves is not correct, but the bloke said he couldn't comment!

 

Its very frustrating!!! as soon as i get more info i'll let you know.


Bank Charges refunded from Halifax £2600

Bank Charges refunded from halifax joint account £554

Credit Card Charges refunded from Halifax £300 plus interest

:D

 

 

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Alright thanks suzby.

 

Defo keep me informed on the situation then as i want it taken off.

 

Thanks again


Andy...

 

 

 

 

 

 

 

 

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Thanks PGH.

 

Have read the thread. Very interesting.

 

It doesn't seem to say that they can continue to process data without a CCA. It just seems to say that what they get told they believe. I'm no Steven Hawking but have i got a case then?

 

Will write to the cra's and ask them to stop processing certain data which haven't got a cca linked to them!


Andy...

 

 

 

 

 

 

 

 

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you need to write to the cra's with a dispute letter and state quite clearly that you disagree with the default because xxxxx

 

then also state that without proper confirmation from the originator of the default that a debt actually exists that this default should be removed, i after 28 days they have not done this then report the matter to the information commisioners office for resolution


PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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Thanks PGH.

 

I think this is sound advice (i hope) and somehow will get a resolution off it.

 

How do you get hold of the information commisioners office?

 

Never had to do anything like this before so really don't know.

 

Thanks again everyone who has responded you are very kind

 

Andy...


Andy...

 

 

 

 

 

 

 

 

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it is down to the CRA to check their data is correct.

 

i'd be inclined to write to them, stating that the said default was issued by a co. not having a CCA with you & as such it should be removed.

 

dx

 

This is sound advice. However I have written 4 letters so far and all i get in response is " we have discussed the details with the client and they confirm the information is accurate". -->Even though it isn't. Experian like to pass the buck i think. I sent them a little reminder email earlier to prompt them to get things sorted and got the standard response from them aswell. I for one can't understand how they can get away with it. they are SUPPOSED to deal with accurate info yet they let companies run amok with our lives and financial status. Sad face :(

If you are trying to get it removed as I am then it will probs take a bit of time but it is definatley worth pursuing.

Good luck with it.


VICTORIES TO DATE THROUGH THE HELP OF THIS SITE:

 

1. Littlewoods Catalouge - No pursual of debt & wrote off £4500

2. Three mobile - Debt written off in full, all adverse entries including default removed from credit files, even got an apology from the Chairmans office

3. HSBC Bank - Partial refund for bank charges & claim lodged at court for outstanding charges.

4. HFC Bank - Ongoing - SAR'd in may- Going to register at court for non compliance.

5. Barclaycard - Being very awkward but Ongoing - These are a tricky bunch but they will fold before I do.

 

GOD BLESS CONSUMER ACTION GROUP!

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Hi Andy,

 

The bloke said to me its like going into a libary and you read a book and you noticed spelling mistakes etc and you ask the libary to amend the book, but as they are not the authur of the book, it is the authur who is the only person can amended the details of the book. Silly i no!

 

I asked experian, why do they continue to show data that they know themselves is not correct, but the bloke said he couldn't comment!

 

Its very frustrating!!! as soon as i get more info i'll let you know.

 

LOLOL I can't believe it I was told a very similar thing by experian at which point I corrected him. I said "If their was an error in a book it would be down to the publisher to make sure the details are correct before it is put into circulation". In this example Mr Experian you I am afraid are the publisher and it is your job to get it right.

Epic fail....


VICTORIES TO DATE THROUGH THE HELP OF THIS SITE:

 

1. Littlewoods Catalouge - No pursual of debt & wrote off £4500

2. Three mobile - Debt written off in full, all adverse entries including default removed from credit files, even got an apology from the Chairmans office

3. HSBC Bank - Partial refund for bank charges & claim lodged at court for outstanding charges.

4. HFC Bank - Ongoing - SAR'd in may- Going to register at court for non compliance.

5. Barclaycard - Being very awkward but Ongoing - These are a tricky bunch but they will fold before I do.

 

GOD BLESS CONSUMER ACTION GROUP!

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Thanks Zorro.

 

Sounds like i will have a bit of a battle on my hands then.

 

Have you reported them yet to the information commisioners office, also do you know anybody that has done what we're doing and actually won?

 

Things like this really **** me off. Fed up of these companies ruining peoples lives.


Andy...

 

 

 

 

 

 

 

 

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http://www.consumeractiongroup.co.uk/forum/credit-reference-agencies/148780-experian-final-battle-commences.html

check this out - there is no ending at present but it may give you some ideas as what to put in a letter.

I have not been to the ICO yet as I am waiting to get more letters and excuses from experian.

Someone with more expereince will be along soon to help you out.


VICTORIES TO DATE THROUGH THE HELP OF THIS SITE:

 

1. Littlewoods Catalouge - No pursual of debt & wrote off £4500

2. Three mobile - Debt written off in full, all adverse entries including default removed from credit files, even got an apology from the Chairmans office

3. HSBC Bank - Partial refund for bank charges & claim lodged at court for outstanding charges.

4. HFC Bank - Ongoing - SAR'd in may- Going to register at court for non compliance.

5. Barclaycard - Being very awkward but Ongoing - These are a tricky bunch but they will fold before I do.

 

GOD BLESS CONSUMER ACTION GROUP!

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Hi Andy,

 

I have sent the following letter to NEXT, who i am in dispute with.

 

I dont no if it will help you but its worth a try.

 

 

Final Warning before Court Proceedings

 

Ref: **********

 

Dear Sir

Thank you for your letter dated ******, the contents of which have been noted.

 

As you have already confirmed your inability to comply with my legal request for a Consumer Credit Agreement (Consumer Credit Act, 1974) however, because no such agreement exists, the above account remains entirely uneforceable.

 

Furthermore, as you remain unable to provide such evidence of my signed consent to pass/share my data to third parties, I hereby request the immediate removal of all default entries with Credit Reference Agencies. I also require written notification when this has been achieved, within a period not exceeding 14 days from receipt of this letter.

 

Failure to provide me with such notification will leave me with no alternative but to commence court proceedings against your company, including a claim for compensation in relation to the unlawful registration of adverse information against my name.

 

Please be aware, that the Consumer Credit Act, 1974 is very clear; stating that a default can only be issued for breach of a valid, regulated Credit Agreement. As you have already confirmed that no such Agreement exists, a default cannot therefore be issued against a non-existant Agreement.

 

Please note, that this letter represents a Statutory Notice under Section 10 of the Data Protection Act, 1998 to cease and desist from processing any data in relation to this account. YOU HAVE 21 DAYS TO COMPLY TO THIS ACT.

 

Finally, please be aware that a creditor is not permitted to take any action against an account whilst it remains in dispute and the lack of a properly executed Credit Agreement represents a complete defence in any court action that you may take.

Without ambiguity, I trust that I make myself perfectly clear and look forward to your positive response in removing all default entries against my name, in order to finally bring this matter to a close.

Yours faithfully

 

---------------------------------

 

 

Good luck!


Bank Charges refunded from Halifax £2600

Bank Charges refunded from halifax joint account £554

Credit Card Charges refunded from Halifax £300 plus interest

:D

 

 

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Keep us all posted on any progress regarding getting your default/s removed, I'm sure many will appreciate the updates.good luck!

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Pinky69 is currently involved in court cases with regards to default removal. It may help to have a look at her threads as well.

 

Watching with interest as in same situation also.

 

Regards


-

PLEASE NOTE - I am not a legal expert, my comments are based on information learnt or

obtained and from my own experiences.

-

Case 1 - C L Finance - Court Case 'Stayed' :-). Stay Lifted - N149 AQ Received & Filed. Case Struck Out :grin:

-

Case 2 - C L Finance - Defence Filed. N150 AQ Received & Filed. Case 'Settled by Consent' :)

-

Case 3 - EOS Solutions - No Agreement - Account Closed ~£3500. :grin:

-

Advice & opinions offered freely but informally, without prejudice & without liability.

Use your own judgment and seek advice from a qualified and insured professional if you have any doubts.

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Hi everyone

 

Just thought I'd share my 2 pence with you. I worked alongside trading standards for a short period, when I found CAG I double checked a lot of info with them as the site seemed to good to be true but they agreed the steps many forum members followed were legit :).

 

My first thought was getting the defaults for no CCA debts removed as then I'd have the perfect file. I spoke to my friends in Trading Standards as they were very on the line with me. Their view on defaults is that no CCA only means the debt is not legally enforceable, it does not mean the debt does not exist and therefore legally the creditors do have the right to record the information on our credit file.

 

I took some template letters off a thread a while ago and tried to get all of my creditors to remove the defaults but I got fed up of queueing at the post office for months and gave up. I'll be doing a search for pinkys thread and following with interest to see if I can pick up anything to use for round2.


I love CAG!

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I have to agree with lihi.

I wrote to one of my creditors to try and get a default removed after confirmation from them that they did not have the CCA and was told that although the debt was unenforceable to entry on my credit file was a true reflection of the way my account had been run.

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There is some hope though. I for one have been going at it with 3G mobile for several months and then all of a suddon when I sent off my "your going to court letter" I got a lovely call from the cheif execs office where they apologised for the mix up (it wasn't a mix up) and removed ALL entries ever made against the account. I then got an apology letter from the cheif exec himself. I got all governing bodies envolved in the telecoms industry breathing down there necks and I think the just wanted rid of me. I think it is a luck thing and if you letter gets past to the right people.

On the other hand, Littlewoods who I am dealing with stated that they have an obligation to warn other creditors of my spending, borrowing, non-paying paterns even though they have admitted no CCA.

Food for thought....


VICTORIES TO DATE THROUGH THE HELP OF THIS SITE:

 

1. Littlewoods Catalouge - No pursual of debt & wrote off £4500

2. Three mobile - Debt written off in full, all adverse entries including default removed from credit files, even got an apology from the Chairmans office

3. HSBC Bank - Partial refund for bank charges & claim lodged at court for outstanding charges.

4. HFC Bank - Ongoing - SAR'd in may- Going to register at court for non compliance.

5. Barclaycard - Being very awkward but Ongoing - These are a tricky bunch but they will fold before I do.

 

GOD BLESS CONSUMER ACTION GROUP!

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