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Default Removal Clarification


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Hi Guys, I have been a user for a good while and had so much info and advice, so thank you all.What I wanted to know was some clarification on removing a default, I have searched on here and other forums but it seems to be conflicting info.Could someone please confirm if the creditors need to provide a copy of the default notice served or just them saying they sent a default notice sufficient, would this stand up in court ?I am in the process of disputing a default and will request a CCA and copy of the default notice and just wanted full and up to date confirmation.Thank you in advance.

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Hi

Creditors do not have to prove that you received a default notice, only show that one was issued. This is generally done by adding a note to your account history.

 

They do not keep copies of DNs as it is a generic document which they mail merge the relevant details on to before sending.

 

If you were to ask a court to get them to provide a DN, they could knock one up quite easily

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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The bottom line is if you paid less than agreed on your account then you defaulted, so I am not sure what you are disputing, with whom and why.

:lol:

Successfully claimed back mis-sold PPI (Barclays Bank) 2009-10 (£8500)

Ran a paid-for DMP. Deeply respect those who self-manage a DMP; it is possible to do with the help of fellow CAGGERS

Offered F&F to all my creditors. All closed out including a particularly intransigent and stubborn one - who eventually saw sense after 10 months of nonsense!

Does not condone debt avoidance but violently disagrees with the antics of debt collectors and their behavior towards the ones trying to pay. I am a great believer in what goes around, comes around. Keep up the good fight!

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If the default was placed by the original

creditor and id still in their name they are

the only ones who can authorise removal,

the CRA cannot unilaterally remove or amend

entries.

You will need to have reasons for the default

to be removed and generally it will only occur when

there have been breaches of the DPA.

many people assume that keeping up arrangements

to pay lesser amounts than those prescribed in the original

account is not a default.It most CERTAINLY IS.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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If the default was placed by the original

creditor and id still in their name they are

the only ones who can authorise removal,

the CRA cannot unilaterally remove or amend

entries.

You will need to have reasons for the default

to be removed and generally it will only occur when

there have been breaches of the DPA.

many people assume that keeping up arrangements

to pay lesser amounts than those prescribed in the original

account is not a default.It most CERTAINLY IS.

 

And this is where some confusion arises (IMO)

 

In circumstances where the debtor is paying less than the minimum payment, some creditors will automatically place a default where others will mark the credit file, "Arrangement to Pay"

The ICOs guidance is also not very clear. They state that where 'token payments' are being made then a default can be placed immediately but doesn't go into what is classed as a token payment.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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Hi silverfox, I've lost count of the number of times

that I've tried to explain this on here and to others

in the course of work.

I did in a recent in chambers case question what

a token payment would amount to the Registrars comment

was it is a payment that is not the prescribed amount

laid down in the original agreement, and for credit reference

purposes to reflect it should show as an arrangement to pay

on a defaulted account, can't rely on this as he cannot make

case law.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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