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Default Notice - Refusal to issue (CL Finance Limited)


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Many years ago i havd a River Island card and to cut a very long story short it got transferred to GE Money, then CL Finance, went to court, they won and l paid the judgement in full within 30 days and the CCJ off my credit file.

 

However l still have late payment makers and a default. But looking back on all my documents l don't beleive the correct paperwork was completed by CL Finance to assign the debt and the Default notices were not issued.

 

So l wrote to CL Finance in January asking them to confirm the status and send the copies of the Default notices. They have replied with the below - is this correct ?

 

I really want to get the default off my credit file.

 

RESPONSE

 

We acknowlede receipt of your letter dated 20 January 2014 in which you have requested a copy of your credit agreement under section 77/78 of the Consumer Credit Act 1974.

 

The agreement which is the subject of this matter was terminated prior to the issuing of County Court proceedings and subsequent entry of a County Court Judgement on 22nd July 2010. Therefore the effect of Section 78 of the Consumer Credit Act 1974 is no longer applicable and the Judgement can be enforced.

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Yes thats correct once a Judgment is awarded it replaces the agreement....you really should have challenged the claim before the judgment.Any default marker will drop off your files once they reach their 6th anniversary.

 

Regards

 

Andy

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