Santander / ASDA CC - Request removal of default

[fuddymucker85]

Hi Folks,

 

I was made redundant a few years ago and defaulted on my Santander/ASDA credit card.

The debt was passed on to a collections firm and i then paid this in full as I had found a full time job. (£1200 iirc)

 

As I paid the ballance in full, i would like to appeal to them my hardship at that time and request the default be removed/changed.

 

I now have full time permanent job, 2 kids and would like to resolve so i can get better rate on morgage.

 

I sent a generic letter on 19/08/13 as follows;

Dear Sirs,

Account No: xxxxx

After recently obtaining a copy of my credit file from the credit agency, I was extremely concerned to note that you'd added a default notice against me on xx/xx/2011. I feel this default entry was not only added unlawfully but also without merit. Doing so has immediately put you liable to a breach of Consumer Credit Act 1974, in particular s.87(1) of said Act;

Section 87(1) of the 1974 Act allows the creditor to send you a default notice giving you fourteen days from the date you receive it to pay the arrears. The default notice must contain all of the necessary information under the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 ('the 1983 Regulations'), which includes;

1. a statement saying the notice is a default notice served under section 87(1) of the CCA1974 2. a description of the agreement 3. the name and address of both the debtor and the creditor 4. details of the breach (i.e. late payment) and, if the breach can be remedied, the date by which it must be remedied or, if the breach is not capable of remedy, the amount required to be paid after the expiry of the specified date;

As is clearly evident from all previous communication between us regards to this default, I never received any such notice and as a result I contest the accuracy of the default and until such time you can provide proof that you complied with the above Act, you must remove all derogatory data from the files of any credit reference agency.

I am more than happy to issue you a Subject Access Request which should include a copy of the documents I request, which I am hopeful will include a copy of said termination and default notices which, if they are missing, will leave me no alternative but to seek legal enforcement via CPR31.16. Without sight of said default notice, I cannot argue the authenticity, enforceability or execution and therefore will use this as my claim if I am forced into taking legal action, all costs will also be claimed.

It would, however, be in both our interests if you simply agree to remove the default being there are so many inconsistencies with the alleged default notice, the execution, the enforceability and the legal compliance that you must surely have no other alternative but to remove it, least of all as a gesture of goodwill? As I was never in receipt of any of the statutory documents (Notice of Termination of Contract; Notice of Assignment or Default Notice) then the actual default notice that is shown on my credit file is unlawful and should be immediately removed. I do not want to take this through the courts but I will enforce removal by judgment if necessary, at the end of the day you have acted unlawfully by not issuing a fully compliant and correctly executed legal document. Therefore, assuming you are happy with my proposal please confirm, in writing on letter headed paper, the following points will be carried out;

a) The Default Notice will be removed

b) The Status of the account will change from “Defaulted” to “Settled”

c) The Current Balance will appear as £0.00

d) The Default / Delinquent Balance will be set to £0.00

e) There will be no date in the “Defaulted Date” field (as it will be removed)

f) There will be no date in the “Date Last Delinquent” field on the report

g) This will apply to all 3 Credit Reference Agencies, namely Experian, Equifax & Call Credit Failure to agree will result in more formal papers being sent, by return and in the meantime, I look forward to your response within the next 21 days.

Yours faithfully

 

I have recieved today the following;

13/09/2013

 

I wrote to you recently acknowledging receipt of your complaint

 

I am sorry it is taking longer than originally thought to investigate the issue and I would like to appologise for the delay and take this oppourtunity to thank you for your continued patience.

 

Your complaint is currently being reviewed by a specialist team who will be in contact with you shortly to discuss your concerns in more detail

 

If for any reason we are unable to conclude our investigation over the next four weeks, we will contact you again to update you on our progress.

 

Complaints Team Business Manager

 

Where should I go from here ?

I am unsure on what the legal requirements are for time scales on responses etc ?

 

Your help and advice much appreciated.

 

Best Regards,

 

Mike