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Help with removing defaults!


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Hi All,

I was hoping to get a bit of advice regarding one of two defaults we are trying to get removed from my wifes credit rating (we were about to buy a house & was refused a mortgage last minute) as we had no idea they were there, they were both settled years ago.

 

I have sent a standard letter requesting a copy of the default notice to both banks (Nat West & GE Money). We have received one letter back from Santandar who im guessing now own GE Money? This reads:

 

"As there are no longer any monies outstanding either now or in the future with Santandar Cards we are not obliged to provide any details under the 1974 Consumer Credit Act"

 

They also state that the defaults are issued automatically and they do not hold copies.

 

Is this information correct? If it is not can anybody advise me on what to do next?

 

Really appreciate your help

Darren

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The defaults will automatically drop off six years after the debts went into default.

 

you could try a couple of things to get them removed; the first is to lodge a complaint with the credit reference agency. They will have to get in touch with whoever placed the default to get it authenticated & if the don't hold copies how can they prove the default exists? the other is to send an s.10 to Santander; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/586-legal-notice-issued-under-section-10-of-the-data-protection-act-1980

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"As there are no longer any monies outstanding either now or in the future with Santandar Cards we are not obliged to provide any details under the 1974 Consumer Credit Act"

You can send a SAR http://www.consumerforums.com/resources/templates-library/86-debt-collectors/576-subject-access-request-debt-a-dca which costs £10. They will have to send all the data they hold on your wife which includes copies of agreements, statements and letters sent to her amongst other things. Also with getting the copies of the statements you'll be able to determine what unfair charges were added to the a/c which you can reclaim. ;)

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Thats great help, really appreciate your advice. We knew about the 6 years lifespan of the defaults. This particular one only has about 6 months left but we need to get letters from each bank to say that the defaults are unfair or are being removed before they will process our mortgage.

Cheers

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http://www.experian.co.uk/www/pages/about_us/office_locations/index.html

 

 

UK Headquarters

 

Experian

Landmark House

Experian Way

NG2 Business Park

Nottingham, NG80 1ZZ

United Kingdom

 

Please note, if you want to phone us to order your credit report, please call 0844 481 8000

 

Tel: 44 (0) 844 481 8000

 

For business or any other enquiries:

 

Tel: 44 (0) 115 941 0888

 

CreditExpert contact details are:

 

CreditExpert

PO Box 7710

Nottingham

NG80 7WE

 

Tel: 0800 656 9000

Edited by cerberusalert
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Well, we have recieved a letter from Nat West stating that the default was incorrect & will be removed. They have also included a cheque for £500 as way of compensation. Are they trying to pay us off early or does anybody think we can claim for more? If we cashed this cheque is that us acepting this as a settlement?

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  • 2 weeks later...

Well, Santander are still refusing to remove the default stating they believe it to be correct & that they do not need to provide us with any evidence. Does anybody have any advice as to how we should proceed. If we were to send a SAR & they do not have the information or evidence of the default how would that leave us?

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  • 1 month later...

Well we have recevied a reply to our section 10 sent to Santandar. in the covering letter it says :-

 

"Due to the time elapsed since your account was closed i am unable to retrieve the credit agreement"

 

"Default notices are system generated and are sent automatically and therefore we are unable to retrieve the information"

 

They have also sent what looks like a statement. On there it is clear to see that payments were missed & finally it says "TRANS TO SOLICITORS" but nothing about defaults

 

Can anybody halp me with what to do next. Is this legal for them to not only have a record of the default but also the credit agreement? Also as both Nat West & hopefully Santandar have been proved to have put incorrect default notices on my wifes account we are thinking about going to a solicitor as we have now lost the house we had an offer accepted on & can no longer sell ours after accepting an offer. Who would be best to approach about a situation like this?

Thanks for your help!

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