Advice needed on trying to get default removed...

[BuffNess]

Dear all,

 

I am trying to get two defaults removed from my credit file.

I have used a couple of template letters to send to the companies involved, and the first one I sent was asking to obtain a copy of the default.

 

I have received a letter back from these basically fobbing me off saying that the CCA is for active agreements only and therefore they are under no obligation to provide me with the requested documents as my agreement with the company has ended.

 

Is this true?

 

The default is basically showing on my credit file as a settled default!

[craigers]

CCA requests do not have to be honoured on closed accounts, and in anycase do not have anything to do with default notices. You're better off sending a SAR, as the creditor must provide the information within 40 days of receipt of the request. If they don't then you can complain to the ICO and/or go through the courts, but thats for the future...

[jbscotland]

Do not waste your time. Get legal advice and take them to court. Only a court can get them to remove the default sooner than the 6 year period IF you can prove the default was not properly executed ie incorrect paperwork.

 

I have wasted 2 years of my life writing letters. It works in less than 1% of cases.

 

Legal action or you are just wasting paper mate

[dx100uk]

unless you can prove the defaults were as a direct result of unlawful charges, then no hope.

 

now, a default on a setlled a/c should not be harming your cra too much

what else is there?

 

dx

[Jamesx81x]

Default on file is seen as a default whether marked or settled.

 

It shows that you have not honoured an agreement in the first place whther you have paid it off at a leter date or not.

 

I disagree with jbscotlands take on it that only a court can get them to remove a default. I have had 2 defaults removed in the last 3 weeks from 2 major banks due to incorrect defaults.

 

When a bank issues a default to you it must be in 2 parts. First they must send you the a notice of intention to file the default accompanied by the actual correctly executed notice itself.

 

Another thing to look out for when you receive a copy is have they issued it under Section 87 of the CCA. If so then it is not worth the paper it is written on as account overdrafts are not regulated credit agreements as defined under Section 87.