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schmoose
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Hi,

 

I have been reading through the debt part of the forum and would just like to clarify something. Please could someone tell me if I am right in thinking that if I write a letter to a company that has issued me with a default and ask them for a copy of the original signed copy of the credit agreement and they do not send one then I can force the company to remove the default from my credit file.

 

One of mine is the next directory, it has been settled a long time ago. Something I can't quite get my head around is that if it is settled then it is paid so the credit agreement does not exist?? also ... If it has been settled and it was settled by me then is that me not admitting automatic liability for the debt whenever I paid it off?

 

Thanks for your help,

 

schmoo

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You need to ask them for a copy of the credit agreement and a signed true copy of and certified copy of the default notice.

 

You may find this link helpful Remove Default Notices on a Credit File - We show you how

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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If it has been settled and it was settled by me then is that me not admitting automatic liability for the debt whenever I paid it off?

 

In this case you are not disputing the debt as the debt no longer exists. You are disputing their right to enter a default on your credit file.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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If you send them an S.A.R - (Subject Access Request) they should include a copy of your original agreement.

Although it may depend on how long ago you took out the loan. They are

supposed not to destroy documents until six years at least after the loan

or account was closed. However a lot of them seem to be shredding things

after just six years from the start of the loan-different matter altogether.

 

 

At the moment, once a default is placed against your name, there is a

convention that it stays on your credit file for six years. However it is not

law. And if you have closed your account with them, then they no longer have

your permission to process your data-including listiing defaults. But it is not

always easy to get these companies to understand this.

How long has the default been registered against you?

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