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Challenge a default


kream
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Hi,

Has anyone had any luck challenging a default on their credit file? I read somewhere that if the creditor (in my case Santandar bank) doesn't inform you that your account is going into default, that it can be challenged. I didn't get any written communications regarding this before it happened.

I have a loan (£25K) which I paid for 2 years but then couldn't keep up payments.

 

Would be grateful for any help and advice.

 

Krem

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Hi Kream

The Consumer Credit Act (CCA) requires certain procedures be followed and specific documentation be provided in the event that two or more payments are missed. Within 14 days of the second default payment, the lender must send you a notice of default to include the following:

Exact details of the breach – i.e. how much is owed

How this can be remedied – i.e. what action the consumer must take and by when

Whether any additional sums of money (default sums) have been incurred as a result and when they must be paid

Consequences of further default or inaction

Restrictions (if any) on the lender’s right to repossession

The notice of default will not be enforceable if the procedure is not followed in this way by the lender. Furthermore, the goods cannot be repossessed without first serving this notice and waiting for the required 14 days to enable you to respond.

 

However The problem you have is that the only persons who can remove this default is Santander and although they didnt inform you, In my experience its nigh on impossible to get them to remove a default if in fact you have.

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