2 x Retaliation Defaults - Help Please!

[Leo1]

Hi, I have just checked my credit reports and have discovered 2 defaults (by different companies). Both these accounts were wiped as neither could provide me with a copy of the credit agreement, so they have retaliated by placing defaults. Please can someone help me correctly word a letter to have these defaults removed without acknowledging the debts? Many many thanks!

[Leo1]

Anyone got any advice??

[stroke a badger]

Leo1,

 

Sorry I can't help but have a friendly bump instead

[Leo1]

Anyone?

 

I am going to write to the CRAs to ask them to remove the defaults but i'm unsure what to say?

[reallymadwoman]

Not being able to provide a copy of the agreement does not wipe a debt, it still exists but they are unable to enforce payment through the courts.

 

I'm guessing that you've stopped paying because the agreement hasn't been provided?

[Leo1]

Yes, that's right, this was 2 years ago for both debts (1 for Littlewoods & 1 for Next), neither have chased me for the debts but have both placed Defaults on my credit files.

 

what can I do? sorry for being a bit thick - I just don't want to drop myself in it!!

[reallymadwoman]

Basically nothing. The debts still exist, so if you're not paying they are entitled to register that information with the credit reference agencies.

 

About your only option would be to negotiate some sort of deal with them, but don't hold your breath that they will play ball.

[cheerup]

You should have read up first - the debt is NOT written off, and if in the future they come with the valid credit agreement it will become enforceable again, unless six years pass.

 

Played with fire, got burned.

[DonkeyB]

Troll!

[mr2mr2]

what troll???

?troll = cra / bailiff etc?

[DonkeyB]

Possibly. My point is that the poster isn't exactly being helpful, which is a trait of people within the debt industry posing as regular people. Which they certainly are not.

[veryweary]

Troll!

 

Agree with DonkeyB. For cheerup to make a comment like 'played with fire and got burned' means he's either a sneering troll, or just downright malicious with too much time on his hands.

 

And if you look at all his other recent posts they're all much the same thing..

 

And sorry Leo, but it's really hard getting credit reference files corrected for unenforceable accounts. If you take them to court the onus is then on you to practically prove the case that the account didn't exist, which is much more difficult than defending an unenforceable agreement.

 

.

[penfold15]

I disagree.

 

If they are unable to provide you with you credit agreement then they are in breech of the Data Protection Act as they do not have your permission to process your data.

 

If maybe worth writing tot he CRA's with this information. If you get no luck them complaint to the Information Commissioner. They usually instruct the firm to remove the default.

 

Good Luck.