La redoute / Redcats default removal attempt

[cosmos275]

Hello everyone,

 

I'm wondering if someone can point me in the right direction please.

 

I have a default registered by Redcats on 12/12/2011 for £134. It was settled in jan 2012.

At the time it was an account I rarely used and I thought I had a direct debit for min payment set up but a combo of changing bank accounts and having my head up my bum resulted in this default.

It is now causing me hassle as I want to move house and mortgage deals are restricted and I have come to the conclusion that I've rolled over and let banks etc away with enough over the years and if there is a way to try and get this off my credit record I'd like to do it.

 

What I've done so far is to write to them and ask them for a signed copy of the credit agreement and the default notice ( which I genuinely don't recall ever receiving). They sent back a copy of general terms and conditions, they don't have a signed copy. I got the template from this site - thanks!

 

I've since read various threads that suggest this approach is a dead end. Can anyone point me in the direction of a thread with the most recent thinking in this topic ?

Thank you

[BRIGADIER2JCS]

Hi, yes the lack of the agreement does not been the debt does not exist, also default notices are not routinely stored as hard copy, all is required is that the creditor makes a note on the customers records that a DN was sent on a certain date.

The usual challenges to a default are that the default was placed unfairly e,g the default sum was made up of charges, or the default was place late i.e more than 6 months after the cause of action.

If you want details of data such as the date the DN was sent you will need to make a Subject Access Request under the Data Protection Act 1998 which obliges the creditor to supply all data relating to you and the account, there is a £10 statutory fee to pay, and the creditor has 40 days to comply, you can use the template from the CAG library

 

At this stage I cannot see any valid reason why the creditor would be obliged to remove the entry.

 

The only faintly possible remedy may be that the default was satisfied in a very short time, you would need to appeal to the Data Controller at the creditors head office,

 

I would recommend the SAR first.

[cosmos275]

Thanks, yes I did wonder if appealing to their better nature might be the way to go.

I will do the SAR but unless there is no default notice date on there I guess I'm back to route one above.

[BRIGADIER2JCS]

The default notice should be recorded, make sure you specify that you want the DN (you may just be lucky) that in that occasionally a DN is kept, to be of help though it must

be 'faulty'.

TBH it would be easier to challenge this if the debt was still owed, there is more leverage that way.

[cosmos275]

That's a bit of a pain then really. The rest of my credit file is relatively clean now but this £134 could end up costing me £££s. I think La redoute will be sick of me quite soon.

I may write to their data controller at the same time as the SAR and see if I get anywhere.

Thanks for the info.

[BRIGADIER2JCS]

That's a bit of a pain then really. The rest of my credit file is relatively clean now but this £134 could end up costing me £££s. I think La redoute will be sick of me quite soon.

I may write to their data controller at the same time as the SAR and see if I get anywhere.

Thanks for the info.

 

You're welcome!!