Removal of default notices on credit record?

[bennyowen]

sazwahhh,

 

You need to write to them that the entry on your credit file is in breach of the Principles of the Data Protection Act 1998.

 

The following draft letter may help:

 

 

"Account No: ??????????

 

Dear ?????

 

Thank you for the recent return of £?????? in cheque.

 

The entry you recorded on my credit file with the credit reference agencies is in breach of the Principles of the Data Protection Act 1998.

 

In the circumstance of this case, the personal data recorded with the credit reference agencies in the form of defaults and default markers are irrelevant and inaccurate being the result of unlawful charges you applied to my account. I therefore request complete removal.

 

I request that the data is removed within 14 days and I reserve the right to take legal action when it becomes necessary.

 

Yours sincerely

 

 

"

 

 

Good luck

 

 

 

Good luck

[golightly]

Hello everyone!

 

First post but signed up a month ago and with the moral support of this site, I'm going after £6431 naStYwest Bank has taken from me in the last 6 years (so thanks all - this really does make a positive difference).

 

I used to have a Natwest credit card too - charges totalling under £1000 (I think) - defaulted at £5700 in late 2004 and paid it off by end of 2005. I'm now told I have credit scoring issues because of a 'delinquency' and 'write off' by my lovely new bank manager at my lovely new bank (they offered to let me pay £5000 without explaining the impact of this and I stupidly thought they were being nice to me because I was making the effort!). I have two queries re the removal of the default - if anyone can give me a bit of help before I start on this action, I'd really appreciate it:

 

1. If I reclaim the charges using the template and they don't remove the default, can I then use the 'technical' route (no receipt of official default notice)? Or should I choose one option and stick to it?

 

2. Can I use the bank account charges as a reason why the credit card defaulted - i.e. merge the two together with reference to the credit card default to show that Natwest as an entity created the situation I found myself in?

 

Please help if you can - I've worked so hard to get back in the black and I'm on a mission re Natwest these days after some incredibly insulting comments from my bank manager - but that's another story!

 

Many thanks,

Holly.

[doo]

I think option 2 is your best bet - you can link the two factors together, although your charges are quite low in relation to the amount you owed on your card. There are lots of posts around with people doing it this way - have a good read and try looking on capital one forum there are many on there. See what others think though who are more experienced than me.

[golightly]

Thanks doo - it certainly felt like the right thing but wasn't sure if they'd say they couldn't be held responsible for work of other departments.

 

Regards

Holly Golightly

[naijagirl]

hi, this is my first post!

 

HSBC have started doing something that is quite new to me in my 9 years of banking with them. instead of paying or rejecting a payment, they put a 'late fee' notice on my credit report. i now have 3, and due to their delayed communication with experian, i may receive 2 more. i think 6/8 equals a default. can i get these removed? this is ruining my good credit!

[bennyowen]

naijagirl,

 

You have got a naijaboy here. Na wa oh!

 

Anyway, talking about HSBC and the default on your credit file, you can only remove it by making them aware that it is unlawful.

 

This process starts with a SAR (Subject Access Request) letter. The SAR letter will make them send you your statements dating back 6 years or more. You will then go through your statements and compile all the charges on the spreadsheet in the library. When the spreadsheet is complete, you will then send off your preliminary letter requesting refund and removal of all defaults.

 

Do not be afraid. It is not as difficult as it seem. You will need to read some information around to get more understanding. If you need help, simply ask here.

 

The following link will help you:

 

Letter Templates

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/

 

A-Z Guide to stuff

http://www.consumeractiongroup.c o.uk/forum/welcome-our-forum/53241-cant-find-what-youre.html

Good luck

[Robertxc]

hi, this is my first post!

 

HSBC have started doing something that is quite new to me in my 9 years of banking with them. instead of paying or rejecting a payment, they put a 'late fee' notice on my credit report. i now have 3, and due to their delayed communication with experian, i may receive 2 more. i think 6/8 equals a default. can i get these removed? this is ruining my good credit!

This happened to me as well. I wrote to them imediately pointing out that it is a breach of the data protection act. They wrote back saying that under the Ts & Cs they are entitled to record returned DDs etc on your credit file. This is true, except that the data protection has an absolute requirement that personal data be accurate. Therefore, if they want to record a returnd DD on your credit file it should be described as that, and not as 'a payment up to one month late', which is the format that credit reference agencies use. I wrote demanding that they remove the entry, and got no reply. So, off to court we go again...

[mochamoo]

This happened to me as well. I wrote to them imediately pointing out that it is a breach of the data protection act. They wrote back saying that under the Ts & Cs they are entitled to record returned DDs etc on your credit file. This is true, except that the data protection has an absolute requirement that personal data be accurate. Therefore, if they want to record a returnd DD on your credit file it should be described as that, and not as 'a payment up to one month late', which is the format that credit reference agencies use. I wrote demanding that they remove the entry, and got no reply. So, off to court we go again...

 

Do you have a thread on this? I am in exactly the same situation....currently on number 3. Would like to follow your progress.

[linz2011]

Hi i got 2 x defaults removed by egg using this template it was one letter one reply and defaults disappeared??

[doo]

linz2011, which template? could you post a link please or is the link in post 31 of this thread, thanks.

[linz2011]

Hi I used this one Remove Default Notices on a Credit File - We show you how

[doo]

Thanks linz, just checked out the link - I need a default removing from Next Directory, have paid full and final settlement - unfortunately from what I have read it doesn't seem that Next Directory are that easy. Will have a go, letter to be sent Tuesday, many thanks.

[linz2011]

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

[doo]

Linz, are you still trying to get default removed for next or have you given up, there are a few of us now trying so lets hope one of us will have a breakthrough. Not one person though seems to have received a copy of their CCA or default notice, just notice to say they will be defaulted and not that they have been. Would be really interested to see what stage you got to with them.

[linz2011]

I received firstly a letter in someone elses name saying you are going to be defaulted and then one in my name - I have given up but will gladly jump on the band wagon again!!

[doo]

Yep, don't give up linz, there are some good threads in legalities at the moment in the default bit regarding Next, I think we should all keep at it, I am going to definately send my first letter Tuesday, I know the response I will get, I also want to determine my old T&Cs in regard to processing old data. Mine has not been updated for a year, no record of my payment or anything - in which case if my T&Cs state that I have not given my consent for them to carry on processing data on my account (which to me must be the case as it has not been done) then maybe they have no legal right to hold default on historic account, so terms and conditions v.important.

[willy2006]

Ive sent this letter to MBNA and WESCOT and they are both just ignoring them.Ive reported both to ICO and the Banking ombudsman but still nothing happens,i just need a business account instead of using my personal account but i just get knocked back cos of this.Have now asked ICO If Defaults can be removed until these two come up with the requested data,meanwhile this has gone on since last year:-x

[doo]

willy, was it MBNA then that defaulted you? Was this for credit card?

[willy2006]

I had a loan and credit card i presume wescot bought the debt but they have both defaulted me i really dont know as ive never received default notices thats why i sent them both standard letters saying provide the data or remove the defaults but i am no wiser as they havent replied

[willy2006]

I really thought that reporting them to ICO would shake things up,i knew they couldnt provide default notices as i hadnt received them.But they seem to get away with ignoring everything thats the frustrating part you cant argue with someone who keeps quiet

[voo51]

Hi guys,This is my first time posting and i saw this post and i need your guys help!!! I tryed your first letter and todayi got this response;

 

I regret that i am unable to provide you with a copy of thre original application in respect of the account

 

However, we are not legally obligated to do so. We are only required to provide a copy of the terms which were in effec t of the account being opened and the current terms. Copies of both these documents are enclosed.

 

Copies of your statements at the time of default are being sent to you under seperate cover and you should recieve these shoretly.

 

The £1 fee with your letter has been returned to your account.

 

A default notice was issued to you on 13 april 2004. default notices are produced by our computer system and we do not retain copies of them.

 

We are not legally obligated to retain a copy of the default notice and are only required to retain a record of it in our files.

 

It is a legal presumption that a letter properly addressed to the last know address on file is recieved in due course and this will apply to your default notice.

 

the debt was not sold on and no deed of assignment was issued.

 

 

 

What am i ment to do now? Help please!!

 

Oh and good luck everyone with all your claiming back!

[bennyowen]

voo51

 

Did the bank apply any charge to your account since you opened it? If yes, then your best way of getting the default removed is to begin claiming back of all charges. As part of your request for refund, you can then request the default to be removed being the result of unlawful charges.

 

Read around the site for information on how to claim back your money. The following link will help:

 

Step-by-step instructions for claiming back your money

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-step-step-instructions.html?highlight=library

 

Good luck

[doo]

voo51, yes is definately the easier route to claim charges alongside default removal, there are quite a few successful threads on this in cap one forum

[voo51]

Hey, thanks guys, its really strange as the bank has now sent me a letter saying thankyou for your enquiry please fill in the form... and its a form for direct debits for the same card account that was closed 3 years back!

 

Very confusing, i am waiting for them to send me the statements for the card account to see about the charges.

 

Thankyou again:)

[patch666]

Hi there, I've just registered and feel quite enlightened about the info by you members, thank you. My question is this, i recieved a letter from CBS transcom, saying they were acting on behalf of Arrow Global, who had purchased the debt from paragon.The debt is from 1994!!!

They have threatened me with court action and a charge on my house etc.. etc if I didnt up my payment agreement up from £30 month with paragon to £89.11 with them.

I agreed to do this as I am getting on top of my finances anf then when I checked my experian file they had defaulted me!!

I rang them and said why had they defaulted me and there reply was you defaulted in 2004/2005 (i think), i know i missed a few payments but the debt wasnt with Arrow/CBS then and the default date is 28/02/2007!!

I am now in a position to offer them a full and final settlement and when I rang them to remove this default when I paid it all I got was "it will show as satisfied, not removed"

I asked when I recieved the default notice from them (I havent recieved one from CBS/Arrow) and there reply was you will have recieved it from Paragon, or as was universal credit.

Where do I go from here, I am willing to pay what I owe, but surely the default can be removed, at the moment I have been defaulted twice, but how can I sort this out.

regards,

patch................................