Removal of default notices on credit record?

[Paintball]

No arm twisting, honest.

 

I used a template that I got off this forum, and hey presto, I recieved a letter from HSBC, stating that 'due to the age of the account, we are unable to provide copy (of) documentation as required. A request has been made today to remove this record from your credit file'.

 

I checked last week and the default has been removed from Experian & Equifax. The debt was for £1300 (roughly) and not made up of charges.

 

God honest truth it took 15 days!

 

If you want a copy of the letter I sent, I will be happy to oblige.

 

Best regards

 

David

 

Hi David

Which template letter are you referring to on the forum? I've had two defaults removed already but other banks take a different attitude and you have to push them harder for removal ...

Cheers, Painty

[Paintball]

AGB

 

Have had a very similar response from Egg and 1st Credit as yourself and I am too at a loss as to where to go next with this.

 

Any ideas from anyone regarding their statments would be appreciated.

 

Thanks

Toddle

 

Having had two defaults removed very quickly by B/card and NatWest on closed accounts, I'm dealing with Capital Bank for default removal on a closed loan account and Capital One late payment marker removal for a closed and settled credit card account. They are both proving tricky so the only thing to do is to go through the courts with them both.

 

With Capital One I have taken the stance that this is a closed a/c and therefore they have no right to continue processing data.

 

Check out this thread in the Data Protection and Default Issues part of the Legalities forum: Defaults - background, removal methods, challenges and taking a claim to Court

 

... there are also other threads here that provide useful advice. You could start your own thread here for ongoing progress

[Guest shaff]

hi there,

sorry to intrude, HSBC could not provide me with the original default notice as well. Did you go to court?

 

Thanks

[jcairney10]

Please HELP. Abbey defaulted my acoount on January 2006 £195. I received 6 charges of £30 on november 26 and a further £20 charge on 26 Dec exceeding the £195. I dont recall receiving any letters informing me of an impending default but i could be wrong, i do recall receiveing a phone call where i paid the outstanding amount. Since then i have recalimed all my charges back from this account totalling £610 when i received all my statements there was no mention or letters regarding the default. I have sent the s10 letter the reply i got was the usuall i agreed to them sending data to third parties etc, i replied to this letter saying that the processing of the default is in breach of data due to the fact that the default was soley based on unlawful charges that were added to my account. I have heard nothing from them for over 3mths where do i go from here, amy advise will be greatly received. Thanks in advance. joanne x

[Guest jahcrusader]

Hello, I followed the letter template instructions on how to remove a default notice through a data request component of the Consumer Credit Act and this is the reply I got.

 

Thank you for your letter dated 2007, which was received into this Office on 2007.

Your request for documents contains some misconceptions about your entitlement to information in a specified form and our obligations to supply that information.

This account was considered fully repaid on 2004, and therefore, there is no active agreement between BANK and you with regards to the above account.

The Consumer Credit Act is for active agreements and therefore there we are under no obligation to provide you with the requested documents as your obligations to us under the ag'reement has ended.

There is no legal requirement for us to provide you with a 'signed true and certified copy of the original default notice'.

A default notice is not the same as a default entry and your account was registered as Default with the Credit Reference Agencies due to the non-payment of your account prior to the date of registration, 31 December 2003. I am satisfied that information of your account was properly notified to the Credit Reference Agencies and you would have received the appropriate notifications on the reporting of defaults. If you disagree, you have the right to apply to the court to have inaccurate personal data rectified, blocked, erased, or destroyed. Further information is available from the Information Commissioner's website: www.Information Commissioners Office.gov.uk.

I trust the above clarifies matters for you. Yours sincerely,

 

 

I am unsure whether to follow the suggestion to the next letter in the template and would like your advice as I'm unsure of where I stand on this.

 

Below is the suggested reply

 

The ABC Bank's reply to Letter 1

Dear Mr One

We write with reference to your letter dated xxxxx.

We write to confirm that after checking with Experian it shows that when the account was satisfied via a full and final payment the default notice was also marked as satisfied with Experian.

If you have any queries, please do not hesitate to contact us on the number above.

Please find enclosed your postal order for £1.

Yours sincerely

Customer Services Manager

 

Would appreciate some advice on this. Particularly if

There is no legal requirement for us to provide you with a 'signed true and certified copy of the original default notice'.

 

Is true?

 

 

Cheers

[jahcrusader]

Thanks Painty,

 

This is the template I have sent.

 

Mr One's Address

23 High Street

London

ABC1 8YZ

The ABC Bank

1 Bank Square

Bank Town

BK1 7TD

Date: xxxxx

Dear Sir or Madam

Account number - xxxxxxxxxx

Sort Code - xxxxxx

After recently obtaining a copy of my credit file from Experian I was concerned to note that your company has placed a "Default" notice against a joint account in my and my wife's name.

Further to this neither I nor my wife have a recollection of ever receiving such a notice, and I therefore require you to substantiate this data at your earliest convenience.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number 1587 716732.

2. You must supply me with a signed true and certified copy of the original default notice

3. Any deed of assignment if the debt was sold on

I would request that this data is provided to myself within the next 28 days, if you are unable to provide this data then I must insist that it is removed from my files as unsubstantiated.

Yours faithfully

Mr & Mrs One

[thecableguy12]

Hello there this is my first post!

 

I have been trying to remove 2 defaults from my file with not much luck until today maybe.

 

I requested a copy of my original default notice from natwest loans which is at telford- they replied today saying under the credit act blah blah it is not a requirment blah blah and in the letter they sent it to my address where i was living at the time and they stated the address on this letter but with the wrong post code! maybe i could argue the fact that it never got to me because the address was wrong therfore its there muck up, what do you guys think?

[thecableguy12]

anyone?

[nocredit]

hi,

i'm by no means an expert at this but if you sent a subect access request with the £10 fee then by law they have to provide all data that they hold on you.

this would include copy of original default notice.

if they cant provide this then you are in a better position to argue that it was never recieved.

good luck!

[Paintball]

Hello there this is my first post!

 

I have been trying to remove 2 defaults from my file with not much luck until today maybe.

 

I requested a copy of my original default notice from NatWest loans which is at telford- they replied today saying under the credit act blah blah it is not a requirment blah blah and in the letter they sent it to my address where i was living at the time and they stated the address on this letter but with the wrong post code! maybe i could argue the fact that it never got to me because the address was wrong therfore its there muck up, what do you guys think?

 

Maybe you could get them on this point Cableguy i.e. that the default could not have reached you owing to the incorrect postcode. By law, you have to have received the Default Notice a set number of days before the Default is actually issued - mind a bit fuzzy here (it's Friday!!) - think this is in Consumer Credit Act section on Defaults. You need to check this ... actually, I'll go and do and trawl though myself and see if I can find the relevant section ...

 

[Paintball]

Here it is: http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=1411&d=1193876108

 

Prior to serving the Default Notice, the creditor must comply with the following:

 

2 Parties to agreement

(2) The name and a postal address of the debtor or hirer. in other words, the your name and postal address which you say was incorrect ...

 

4 Action intended to be taken by creditor or owner

© the date, being a date not less than seven days after the giving of the notice, on or after which he intends to take such action. But because of the incorrect address, you never received the Notice ...

Got 'em?

[martythemartian]

If I have asked for a CCA and have not been sent one can i then ask for a default to be removed or have i got my info wrong

[Paintball]

If I have asked for a CCA and have not been sent one can i then ask for a default to be removed or have i got my info wrong

 

There's no obligation for them (whoever they are) to provide you with a copy of your CCA on a closed a/c. However, if the a/c is still active, then you have a right to receive a true copy of the original credit agreement. I suppose if you have requested it formally and it has not been provided then you can send a SAR and get all info including the CCA.

[Paintball]

If I have asked for a CCA and have not been sent one can i then ask for a default to be removed or have i got my info wrong

 

Martin, check out this sub-forum if you want to create your own thread on getting rid of a default including CCA issues: Data Protection and Default Issues

Painty

[mumofsix6]

-hi all, first time post so bear with me please. H just recieved credit report and have found out that a company with whom we had a creit agreement with has put a default notice on our file without letting us know. We took out the agreement about 5 years or so ago, but after two years of problem free repayments by direct debit my husband had an accident and had problems repaying full amounts. we began repaying an AGREED REDUCED AMOUNT, since then we again have never missed a repayment. Now this company has decided to put a default notice out of the blue! Can someone tell me if they can do this 1/ without telling us and 2/ when we have never missed any repayments full or reduced:? . Many thanks. mumofsix6

[martythemartian]

thanks paintball

[nocredit]

I tried Next Directory - no joy they are idiots - you could try and dispute it online via equifax that sometimes works as they have to reply within 28 days and if not it is removed - best of luck

 

hi could you tell me where to find out about online dispute with equifax as i'm getting nowhere with next directory yet,

many thanks

cat

[CP Boss]

Hi All

 

Firstly, good luck to all of you. These legalised thieves need people like you all to bring them down a peg or two!!!

 

Egg entered a default against me last year. The first I knew of this, was receiving a letter from a debt management company mailshotting me regarding my "recent default notice". I then started to get calls from a debt collection agency demanding the money. I agreed to pay the amount over 3 months. The original debt was about £7500 and I agreed to pay about £5500.

 

After investigating this, I can quite categorically say that I have never received any correspondence from Egg regarding this matter. FOR GOD'S SAKE, THE ACCOUNT WAS ONLY A FEW PAYMENTS IN ARREARS TO THE TUNE OF ABOUT £300. No way would I have allowed this to happen for such a small sum.

 

I called Egg to discuss this but they are not for budging. As far as they are concerned the computer says that the letter has been sent and that this is sufficient evidence even in the eyes of the court. (I sense there is a Little Britain joke in there somewhere). However, I own a Direct Mail firm sending out millions of items every year on behalf of my customers and I know full well that lots of mail goes missing. Surely there should be a law that defaults and the like should be sent by recorded post??

 

Anyway, enough of my ramblings. The question I have is what to do next. I have read so many threads and I am a little dizzy trying to take it all in. There seems to be so many different ways all of the different lenders deal with these things.

 

Thanks in advance for your input.

[Cazziebo]

I have a default (marked as a red 8) on my credit file by GE Money. I had asked for statements to go on and try to reclaim charges, and the statements appeared with a zero for current balance. I called asking for an explanation and the girl said she wasn't sure but looks as if the remaining debt had been written off.

 

Got my credit file and saw the default which was dated about the time they sent me the statements. Wrote to them using the template letter on here asking for a copy of the notice and they said there wasn't one, as they had not issued one.

 

Where do I stand now? They are so difficult to deal with! Anyone any pointers?

[Paintball]

Hi All

 

Firstly, good luck to all of you. These legalised thieves need people like you all to bring them down a peg or two!!!

 

Egg entered a default against me last year. The first I knew of this, was receiving a letter from a debt management company mailshotting me regarding my "recent default notice". I then started to get calls from a debt collection agency demanding the money. I agreed to pay the amount over 3 months. The original debt was about £7500 and I agreed to pay about £5500.

 

After investigating this, I can quite categorically say that I have never received any correspondence from Egg regarding this matter. FOR GOD'S SAKE, THE ACCOUNT WAS ONLY A FEW PAYMENTS IN ARREARS TO THE TUNE OF ABOUT £300. No way would I have allowed this to happen for such a small sum.

 

I called Egg to discuss this but they are not for budging. As far as they are concerned the computer says that the letter has been sent and that this is sufficient evidence even in the eyes of the court. (I sense there is a Little Britain joke in there somewhere). However, I own a Direct Mail firm sending out millions of items every year on behalf of my customers and I know full well that lots of mail goes missing. Surely there should be a law that defaults and the like should be sent by recorded post??

 

Anyway, enough of my ramblings. The question I have is what to do next. I have read so many threads and I am a little dizzy trying to take it all in. There seems to be so many different ways all of the different lenders deal with these things.

 

Thanks in advance for your input.

 

Hi CPBoss

How flipping annoying for you! There is an argument that we should never talk to them just correspond by letter. Perhaps now is the time to request in writing a true signed copy of the Notice which you are entitled to on an active a/c. Quote the CCA 1974 and remind them that they will be breaching your legal right in NOT providing it. Simply telling you over the phone is insufficient.

Check out this thread too for more stuff: Data Protection and Default Issues

[Simonleic]

Hi Everyone! Great Forum! Ive got a few questions, I got my credit file a year ago and to my suprise I had 3 defaults on it! Since then I have payed back all the money I owe to the banks. I never received a default from any of the banks who have given me a default! and all 3 of them had sold my debt onto another company to collect payments. Just because it was sold does this automatically give them a right to default the accounts?

I have downloaded the template letter to send to the banks but im not very confident much will happen as these defaults were put on years ago!

Also this may be a stupid question.... but is it worth me getting a new credit report now I have settled everything!

Hope you guys can help! im a bit of a newbie when it comes to disputing with banks!

[Jean_B]

I have a question I really hope someone can help with this.

 

I have two default notices on my report, one with Orange and the other with a mail order catalogue.

 

At the time I was extremely sick, having to take 6 months off work (on full pay), also as a result suffering from depression etc etc.

 

My head was all over the place at the time and I missed out on payments. All is paid off now and stupidly I didnt set up a direct debit and it relyed on my phoneing up to do it over the phone.

 

Is there any way I can get the defaults removed or is there no room for removal? I'm sure many people claim to be sick so perhaps they have no care for it.

 

Any advice?

 

Many thanks

[maggie]

Hi all,I have just found this thread.

Aquestion please to all you brainers out there.

Between 1993 and 1995 ,my hubby was made redundant.At the time we had two loans with a high street bank,which were taken out to pay off overdrafts,concurred by their charges,a few years before,and also we were told we had to take ppi.

Hubby made redundant ,the insurance company from the ppi,were late each month ,repaying the loan payments,therefore we were incurring charge upon charge,and it is from this that our credit rating was trashed completely.I remember even writing a letter to the manager of the high st bank at the time,asking them to correct the info they had added to our credit file,as all the late payments shown on it,was due to their own insurance not paying the loan repayments on time,into our bank.

Since this time,a few yrs ago,I have also written to equifax explaining this,but they say that the bank say the info is correct.The higher interest we have had to pay on cars,etc; since this time,has been atrocious .What,if anything,can I do about this,as I feel it is terribly unjust,and a defamation of our credit rating,which was none of our fault.

[merlyn2003]

Reference agencys publish information on your credit for companies to read and sometimes this information can be wrong.... It is UK law and has been for a long time that if you publish anything about a person that is negative or defaming you must provide proof of your claim... These credit reference agencies must obtain the evidence that it is you that the negative information relates to and not someone else otherwise it is a crime! (Slander &/or Defamation)

I have 3 cable accounts on my reference! 1 is mine!!! The on I pay is payed by Direct Debit each month & I have not missed a payment in the 12 years I have been using them!

1 is usualy in arrears! 1 is in default! This is not my problem!

I keep having them removed but they keep being put back on my reference.

It has destroyed my credit record!!!!

I have been humiliated in public several times!!!!!!

Reference agencys seem to be outside the law!

There is a bad debt on my record that does not relate to me! The name is different & the address it was originaly recorded against is 200 miles away but I can't get it removed! It does now however say "This debt may not relate to this person please seek further details"

If this was a person I would have them in court!

[too strong]

Hi Everyone! Great Forum! Ive got a few questions, I got my credit file a year ago and to my suprise I had 3 defaults on it! Since then I have payed back all the money I owe to the banks. I never received a default from any of the banks who have given me a default! and all 3 of them had sold my debt onto another company to collect payments. Just because it was sold does this automatically give them a right to default the accounts?

I have downloaded the template letter to send to the banks but im not very confident much will happen as these defaults were put on years ago!

Also this may be a stupid question.... but is it worth me getting a new credit report now I have settled everything!

Hope you guys can help! im a bit of a newbie when it comes to disputing with banks!

 

The accounts will have been defaulted before they were sold, whether it was done to procedure is another matter.

 

You may be lucky in the fact that it sounds like the accounts have been sold on but not defaulted by the new owners, if this is the case then it should be in theory easier to get them removed.

 

What you need to do is get in touch with the CRA's (Credit reference agencies) and tell them that the accounts have been sold so the information should be removed. Try this first, if they refuse to remove the defaults then it would be time to play hard ball. This process can take up to a month by this time you will have learnt enough from this site as to what to do next.

 

By the way I am in a similar position but my account was sold to CABOT who have also defaulted me for the same account.

 

I am currently awaiting some answers to more questions on this subject which I posted yesterday, follow my posts to see what answers / suggestions have come back.