Recording Information On Credit Files

[toffee101]

Hi,

 

Please can someone clarify the following for me.

 

If you have an outstanding debt that a loan/catalogue/DCA company can not provide a signed credit agreement for, can they still record information on your credit files....... or do they have to remove all record of the debt?

 

Thanks

 

GM

[PeteT]

The general idea is that if there is no CCA, there is no enforceable debt.

Also, if there is no CCA there they can no prove they had your authority to pass your information to the CRA.

 

If you have already CCA'd the company and they have defaulted, then I'd write to them again and tell them they have no authority to have updated your credit file and to remove the data.

 

You may want to consider a s.10 Data Subject Notice to them too.

 

If this fails, contact the CRA and send them copies of the letters to the company and advise them that they are in breach of the DPA as the information is not lawful.

[toffee101]

Thanks for the reply.

 

baiscally I have a Settled four year old default on my credit file & I can not find any paperwork for it. I have therefore requested a copy of the credit agreement. If the original debt Agency Kings Hill No. 1(Cabot) can not supply this will they legally have to remove the Default from my files.

 

Cheers

 

G