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No default notice served, admitted..how do I now force them to remove defaults?

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Hi

 

I have 3 defaults on my Equifax file...BT, T-Mobile and those god awful Lowell folk...

 

40 days have passed and I have received replies from all of them, either making excuses they dont need to serve a default notice or admitting they dont have the paperwork...

 

So how can I now force them to remove the unsubstantiated defaults from my credit file, what is the easiest way to begin court action? Is there a way I can start online?

 

Thanks

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Hi and welcome to CAG.

 

You seem to have confused your defaults :)

 

A default notice is sent to give you time to make payments to bring the arrears up to date.

 

A DEFAULT on your CRA, is the company reporting your late markers, This default should be an accurate state of the account and should under guidelines be registered to your account within 6 months. Once the default has been recorded, this date should not be changed even if the debt is 'sold' on.

 

Jogs

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Hi and welcome to CAG.

 

You seem to have confused your defaults :)

 

A default notice is sent to give you time to make payments to bring the arrears up to date.

 

A DEFAULT on your CRA, is the company reporting your late markers, This default should be an accurate state of the account and should under guidelines be registered to your account within 6 months. Once the default has been recorded, this date should not be changed even if the debt is 'sold' on.

 

Jogs

 

Hi

 

Yes, but before the default is added to the Equifax file, a default notice must be served:

 

• no default notice required by s87 (1) Consumer Credit act 1974 has been sent.

 

• Service of a default notice is a statutory requirement as laid out in sections 87,88 and 89 Consumer Credit Act 1974. Section 87 makes it clear that a default notice must be served before a creditor can seek to terminate the agreement or demand repayment of sums due to a breach of the agreement. therefore without a valid default notice, I suggest the claimants case falls flat and cannot proceed and to do so is clearly contrary to the Consumer Credit Act 1974

• Failure of a default notice to be accurate not only invalidates the default notice (Woodchester Lease Management Services Ltd v Swain and Co - [2001] GCCR 2255) but is a unlawful rescission of contract which would not only prevent the court enforcing any alleged debt, but give me a counter claim for damages Kpohraror v Woolwich Building Society [1996] 4 All ER 119

 

 

so, no default notice means the default record on Equifax is unsubstantiated...

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ok then so you now demand that they remove the defaults they do this then send you a new default notice and then put it on your credit file for 6 years from the new default good thinking i think not


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ok then so you now demand that they remove the defaults they do this then send you a new default notice and then put it on your credit file for 6 years from the new default good thinking i think not

 

once they send the new default notice, they will need to give me 14 days(?) to settle the existing debt...I pay the debt which means they don't report it again...Old defaults get wiped because they are unsubstantiated...

 

Anyway I already know this has been done, and it has worked many times..What I am asking is, how do I get a court order to have them removed, by force...I know there is moneyclaimonline to get back money owed, but how do you go about something like this where no money is involved

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let me guess, BT & T-Mobile say they don,t need to serve Default Notice, Lowell are saying they don,t have the paperwork.


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As stated earlier, you are confusing two entirely different uses of the term 'default'.

 

A default notice as defined in the consumer credit acts has to be served before a creditor under a consumer credit agreement can take enforcement action.

 

A default on your credit reference file is used to indicate an account which is seriously in arrears. That account isn't necessarily one to which the consumer credit acts even apply.

 

To justify showing a default on your credit reference file it is enough for the creditor to show that you had an account with them which is seriously in arrears, and that the information they have provided to the credit reference agency is accurate. Since the account isn't necessarily one to which the consumer credit acts apply, there is no requirement to issue a default notice first.

 

If you can show it is any way unfair for a particular entry to be on your credit file - e.g. it is not your account, you do not owe anything, then the Information Commissioner's Office will intervene if you've asked the creditor to remove the entry and they have refused or have not replied after 8 weeks.


RMW

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agreed

 

the op has the wrong end of the stick totally

 

dx


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