4 Defaults on my file?

[carlih1]

Hi,

 

I have 4 defaults on my credit file, one is capital one, which is mostly charges and has been reduced by 80% due to the reserval of the charges. Another is Aktiv Kapital, which was Comet over half of these are charges and i am currently trying to recover them. Another is internatinoal collections group, don't ctually know who these are default is dated 11/04/2005 and thats all i know. Another is Next Directory, i fell behind with payments and the account is now settled, can i still reverse the default?.

 

Can i remove all of these default and is it the same legislation? e.g. do i send the same letter to them all?

 

Thanks in advance of your advice

 

Carli

[ClintMccutcheon]

Send a personalised version of SurelyBonds S.10 Notice template letter,

 

Also, check out WillowB's Abbey Default removal thread on the legalities board, the defaults she incurred were mostly arisen from charges, and shes just got them to remove the default (on the basis that if the charges hadnt mounted up, there is a strong chance you wouldnt default as you would be able to meet the payments)

 

As for Next, just send the template letter, ive heard they pretty much agree straight away.

 

Best of luck

Clint

[carlih1]

Right will do, i have printed them off and will be sending recorded. What about the one i know nothing about? How do i find out about this?

 

Carli

[ClintMccutcheon]

You can send the S.10 notice to the company you dont know about as well, i did this with my wifes default she has with capquest, they responded with a letter saying 'thank you for your payment' and gave us the account number & person they purchased the debt from. They didnt respond within the 21 days allowed by law properly however, so now they are in reciept of a letter before action and i will proceed court action if they dont stop the processing immediatly.

 

You could contact experian to get them to find out for you, but as the data's on there, they are definately holding & processing your data so id just go straight ahead with the S.10 notice.

 

 

Get them sent off recorded, and await the replies.

 

If 1 (or any) dont reply to you within 21 calendar days then they have commited an offence & you are entitled to see judgement upon them via the courts for the removal of the offending data.

 

Keep us posted, ill help all i can

[carlih1]

Thank you very much

 

Carli

[martin2006]

removing adverse data is not an east process and most companies have now seen hundreds of identical requesta using surlybonds template.

They have standardised their responses and it doesnt seem to work that well.

Ive spent 12 months cleaning my file and while i used surlys letter and s10 notice it only had any effect with hsbc which to be honest would have dropped off anyway 3 months later.

 

The truth is that if the information is correct on your file you will have one hell of a job getting firms to remove it on legal technicalities like "you didnt get a default notice". They only have to prove that they sent one!!

 

On a more positive note i found the Information Commissioners Office more than useful for one default which was entered 4 and a half years after i defaulted on the account. Generally speaking they ordered that it had toi be backdated to six months after the last payment was received (standard guideline from ICO) That meant it had to go by 31.mar 07

In fact they removed it altogether for the sake of one month. Had i done nothing it would still be there ubtil aug 2010.

 

Good luck trying but dont expect miracles if the entries are correct.

[carlih1]

Hi guys,

 

Back again. Having sent off all letters the only reply being from Capital one who said they are looking into it, what is the next step do i have to go to the court?

 

Many thanks

 

Carli x

[ClintMccutcheon]

If its been more than 21 days, send the companies a 7 day letter before action, advising them of their non-compliance of the S.10 notice and telling them they have 7 days in which to comply with the notice or you will seek a judgement via the courts to force them to comply with it.

 

I sent an S.10 Notice to a DCA, they replied with random letters, after 21 days was up i sent them a LBA, they replied with a random letter so in the end i called them and spoke to a litigation supervisor who said hed put all the paperwork through to the corect people (Half the time the letters go to customer services who just think 'wtf?' and probably bin them) And a week later recieved a letter stating the default will be removed.

 

So it does work in some cases!

 

Good luck

[lane]

hi guys, can anyone help, can i include removals of default notices in my claim to the courts?

i'm filing this week as i've had no joy with getting my money or a decent response to letters. please help.

[carlih1]

Have some replies.

 

Capital one say that they have included a copy of my credit agreement which i signed in may 2002 (no credit agreement was enclosed). They also say that even though they refunded £507 due to charge this wasn't the reason my account defaulted, they said it was defaulted because i didn't make regular payments.

 

Aktiv Kapital say please bear with us whilst we investigate this was on 26th feb.

 

Shop Direct haven't Responded.

 

Next Directory haven't responded.

 

Can someone please advise of next steps?

 

Carls x

[doo]

Have you had all your charges refunded from capital one?

 

As for Next Directory there are quite a few of us trying to get defaults removed from them, they don't seem to be easily swayed, will let you know if I have any luck.

 

Can you just confirm letters you have sent to these companies, did you send the default removal letter from surlybonds in the stickys?

[carlih1]

I sent this letter. Yes i had all my charges refunded.

 

Whereas I have been a customer of Additions Direct since 2004 and whereas I consented in my contract with you to the disclosure by you of certain data to third parties, at no time did I consent and neither was it within the contemplation of the parties to the contract that I did consent to the processing by you of that data in any manner which would be unfair or inaccurate or which in any way would breach The Data Protection Act 1998

 

Therefore Take Notice that I require that you cease from processing within 7 days of the receipt by you of this notice or else that you do not begin to process any personal data of which I am the subject insofar as that processing involves the communication or passing of personal data of which I am the subject to any third party and insofar as the said data relates wholly or in part to the implementation by you of charges which have been applied to my account in respect of defaults or contractual breaches and where the said charges which have been levied at a rate which is in excess of the administrative costs incurred by you as a consequence of the said defaults or breaches contrary to The Common Law.

 

This Notice is given on the grounds that the processing or continued processing by you of the said data will be likely to affect my credit rating and my reputation and cause substantial damage and/or substantial distress to me and my family members in addition to that which may already have been caused and that as the processing of the said data in the way referred to in this notice would violate the fourth, first and sixth principles of The Data Protection Act 1998 to do so would be unwarranted.

 

KR

 

Carls

[doo]

Thanks, will wait for your update then, interesting to see what response you get from Next, good luck.

[carlih1]

Is there a standard Letter before action for this?

[doo]

Not sure, will come back to you if I find anything, in any case all you have to do is head if Letter Before Action and give them the amount of days before you proceed further.