Carn't provide me a copy of the default notice

[Simon'sMum]

Hi all please advise what I do next .

 

I had a loan with Alliance & Leciester and cos I left job was unable to make full payments, agreed to pay lesser amount.

Any way long story short, paid all monies owing, never knew til recently they have filed a default notice again me, so used template letter requesting copy etc.

Never got one, wrote again, never got one so sent letter to Equifax, who have taken it off my file, wrote to Information Commissioner and FOB.

 

Just got a letter back from Santander today, refering to my complaint saying the following:

 

 

 

"In responce to your query regarding the default notice and the registration of the default with the credit reference agencies. I have carefully reviewed the history of your account and can confirm that we have not breached our requirements under the comsumer Credit Act 1974 or the banking code........

 

 

We are unable to provide a copy of the original copy of the default notice. In any event a failure to produce a copy of the default notice would not have prevented us from enforcing the agreement only and not prevent us from registering a default with the credit reference agencies

 

Given the history of the account we believe we have acted in compliance with our regulatory requirements and I regret I am unable to remove the default"

 

Is this right ? Surely if they cannot provide the evidence that they issued a default notice they have no rights to register it against me.

Please please can someone advise on what to do next

 

Simon's Mum

[Dotty50]

Hi Simon'sMum,

 

Unfortunately a default notice is an automated letter and I have not seen one company where a copy is available.

 

You were lucky IMO to get Equifax to remove it, have Santander put it back on?

 

If you were making reduced payments, then they are within their rights to register information with the CRA's but there aren't (as far as I am aware) any specific rules as to when a default is specifically noted.