Default Removal

[Lapchien66]

I'm on a mission to remove all of the defaults on my credit file - 5 at the moment, the most recent was added in 2006. Our friends (fiends) at 1st crud have even duplicated 2 of them - and refuse to remove the duplicate, as do their partners in crime the CRA's.

 

I need copies of them in order to argue my case that they were issued incorrectly (no warning letters, timing / dates out etc). Is there a way to force a copy of the default notice, other than a suject access request?

 

If the account has passed from OC to DC, and the DC now reports the default notice, is the duty on the DC to produce a copy of the notice?

 

Any answers gratefully received.

 

Thanks

 

Lapchien

[Pinky69]

They can argue that you have them permission to process your personal data at the time of application so they are within their rights to make default entries if you owe them money. The ICO's point of view is that as long as they have some proof of transactions that's enough to allow them to record defaults. I am taking two banks to court to get them to remove defaults and with both I am having to make the case that the application forms did not give them permission to process my data and faulty defaults followed by termination caused the accounts to be rescinded, in which case they shouldn't have been processing my data thereafter.

 

The double entry is a case for complaint with the ICO. You can SAR the OC and ask them specifically for copies of the DN. You won't necessarily get one.

In one of my cases I didn't get one and am going on the argument it was never issued before termination, which also causes rescission.

[overdone]

subbing

[overdone]

I am only just beginning to go the route of removing defaults. It would be helpful, if all the attempts at default removal were in one forum. Is it possible to start a forum exclusively for default removal, so that we can all share and accumulate knowledge. There is a bunch of solicitors getting quite rich from this modern practice of default removing via the consumer rights route. Must we use them or can we gain our own insight and knowledge on here?

[Pinky69]

It isn't rocket science and there are only a limited number of options. In addition, it isn't a one cap fits scenario - what is relevant to one sitiuation may not be relevant to another eg removing a default for a mobile phone contract is different from removing a deafult for an account already closed and different again for a termination following an unlawful DN. They all require different approaches to creditors, the CRAs, the ICO and court. There is no need to refer it to solicitors, even if you have to go to court to get a default entry removed. We do it for ourselves on CAG and my view is that each individual case merits its own thread and its own specific advice.

[overdone]

even if you have to go to court to get a default entry removed. We do it for ourselves on CAG and my view is that each individual case merits its own thread and its own specific advice.

Quite agree but where do the threads get posted? Is there a Default Removal Section on CAG?

[Pinky69]

None that I am aware of. People just start new threads in here if they need advice.

[zither]

I received a default from Cap One after getting a settlement figure via phone. I paid the figure they then said I owed another £70, hence the default because I refused to pay it could I request an SAR to find out exactly what was said?

[Pinky69]

You could try but I think you will find that any phone recordings have dispappeared. Full and Final settlements should always be done in writing so have proof.

[zither]

Yeah I know now Pinky,thanks anyway.