DEFAULT REMOVAL; A breakthrough procedure?

[BRIGADIER2JCS]

The Straight answer given the data provided is NO.

 

What is the defaulted account for?

[the thinker]

hi guys, can a dca put a default on your credit files before its sold, plus a dca in germany owns the debt and dca in uk are the master servicer,any help would not go a miss?

[BRIGADIER2JCS]

Defaults are placed by the original creditor. In UK when a debt is sold or assigned the purchaser or assignee must update credit file with their information BUT the default date must no change.

Which DCA is the UK one.

[the thinker]

thanks for reply, the dca in uk are eos solutions. im taking them to court for default removal and not providing a deed of assignment and a bill for not providing it. i sent letter to them for a signed true and certified copy of the original default notice on the 03/07/12, nothing was ever received from them. also they brought the alleged debt on the 24/12/2009 but a letter of noa said as you are aware on the 5/10/2009 you have an outstanding balance,dont understand any thing now

[BRIGADIER2JCS]

Ok the Deed os assignment is not personal data to you, debts are not sold individually, the deed would only be supplied by order of a court as it is sensitive commercial information regarding the sale and purchase of debts.

Default notices are not routinely archived a note that a DN was sent on a specific date will be entered on the customers record, there are no obvious grounds for removal of a default entry on credit reference files.

 

The NOA is all you should have received.

 

Who is the original creditorplease? What type of account is this?

[the thinker]

gratton, catalogue running credit

[BRIGADIER2JCS]

Have you made a CCA request?

[alternative-answer]

Can unsatisfied defaults be challenged? The DCA has never pursued me through the courts despite numerous threats. They have never validated their claim and insist the default remains.

[mani99]

Hi all,

 

Just to follow on with this topic, I noticed that I had many defaults on my credit files even though I was never served with any default notices. So after a bit of researching I sent the following to each company listed in my credit file:

 

Dear Sir or Madam

 

After recently obtaining a copy of my credit file from Experian I was concerned to note that your company has placed a "Default" notice against an account in my name.

 

Further to this I have no recollection of ever receiving such a notice, and I therefore require you to substantiate this data at your earliest convenience.

 

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number XXXXXX.

 

2. You must supply me with a signed true and certified copy of the original default notice

 

3. Any deed of assignment if the debt was sold on

 

I would request that this data is provided to me within the next 28 days, if you are unable to provide this data then I must insist that it is removed from my files as unsubstantiated.

 

 

Question is whether the above would work in order to get the defaults removed from the file, or am I just wasting my time and money?

 

Thanks!

Mani

[BRIGADIER2JCS]

The deed of assignment will not be provided is is the contract between the creditor and the debt purchaser, you can ask for copies of the notice (s) of assignment.

 

A CCA request has a time scale of 12 +2 working days not 28 days

 

default notices are not routinely kept as hard copy a note is made on the debtors file that a DN was sent on a certain date a new compliant DN can be issued at any time.

 

Unlikely to be successful imo.