Default Notices On Credit Files

[kevinmcuk]

Hi; just wanted some advice on default notices, I have recently checked my credit file and have noticed several default notices relating to accounts I am unfamillier with. I had contacted one company and challenged there court action at the high court to which I had won on the basis that they had failed to provide any contract or documentation relating to such account, also my credit file was updated immediately after I had won the case. However, there are around 9 other defaults to which I need to challenge, and needed to know how I could go about it? I have already sent a dispute to the credit reference agency, following this template as shown below; just wanted to know what happens next?

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After recently obtaining a copy of my credit file from EquiFax I was concerned to note that this company had placed a "Default" notice against an alleged account in my name. Further to this I have no recollection of ever creating such account or receiving such a default notice, and I therefore ask and require that this company substantiate this data at the most earliest convenience.

 

1. I ask that the company supply me with a true copy of the alleged agreement to which they refer to. This is my right under there obligation to supply me with a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). there obligation also extends to providing a statement of account.

 

2. I ask that the company supply me with a signed true and certified copy of the original default notice and the alleged account contract.

 

3. I ask that the company supply me with any deed of assignment if the alleged debt was sold on.

 

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

 

Yours faithfully

 

kevinmcuk

[bluewater babe]

Kevin, I'm not sure i can help, but i have a question the answer to which may make it easier for others to help!

 

Are the defaults with companies that you've had credit from (card, bank, catalogue etc) and not paid back - or paid late? Or have you NEVER had ANY dealing with these companies?

 

The reason i ask is because i would say you would have to deal with the 2 situations differently, and your original post doesn't make this info clear!

 

Regards, and good luck,

 

bbx

[kevinmcuk]

thanx; yeah I have never had dealings with these companies; and they relate to an account that had missed several payments before becoming defaulted, however I was never notified at the time of defaults, and was unaware of these accounts being present until I had obtained my credit file.

[bluewater babe]

Wow, i think you need to invest in a cross cut shredder. Good Luck.

 

IMHO - which is very limited - the quickest way to flag something is wrong is to contact the CRAs they will not do much, but they will do more than the actual companies in the short term.

 

Then unfortunately it's down to dealing with each company individually. I think it might be worth contacting your own bank (and maybe other companies credit cards, gas elect etc etc) and telling them that you've been the victim of ID theft and organise to change any passwords - you don't want to do this over the phone, and you don't want to rely on the post getting to you, but don't know what other way to suggest!!!

 

I have to say it would be really easy, i have just applied for a credit card on-line for MY HUSBAND. He has done nothing and we have a 6k card from M&S. (I have a default and no income!) (He doesn't have a default and does have an income!) Actually i lied, i received the letters here while he was at work - he signed the form (but they haven't checked his signature with anything) and then i received the cards and pin here, all in the space of someones 2 week summer holiday!!!!!

 

I have used it in 4 shops, entering the pin and no one has questioned me. The Card is in the name of Mr Bluewater Babe (full names -no initials) no possible way of mistaking I'm the card holder!!!

 

However I am acutally going to write to them (get hubby to sign it!!) and reduce the limit, cos I don't want that much responsibility!!!!

 

Good Luck again and I'm sure someone will be along in a while to blow me out of the water!!!!! - But Ill keep watching.

 

bbx

[kevinmcuk]

thanx for the advice; I will await the CRA response from my dispute with these accounts and defaults, and contact each company sending them the template letter; requesting that they supply me with a copy of the orginal default notice and the signed agreement from back in 1998/1999. However I will have to wait for the CRA to respond so that I can get the addresses of the creditors in question as currently they are with several DCA and I dont even think they know where the accounts had come from!

 

K

[bluewater babe]

There seems to be a whole ID Theft section on this forum, along with information on an id theft book.

 

Try here

 

http://www.consumeractiongroup.co.uk/forum/identity-theft/

 

Have a read, I'm sure you can PM someone who has given someone else some help.

 

bbx

[kevinmcuk]

thanx; ill check it out, cause thos DCA do not have a clue and refuse to listein to the facts I present, anyways im also gona get them to provide the documentation; as they will not be able to produce anything relating to me. I already one one backrupcy case that one of the creditors attempted to do; I had it set aside in the high court due to the fact that they were unable to provide any original contract and any account details, lol, I even got costs awarded to me, it will take time but im sure ill get it sorted.

[bluewater babe]

That must have given you a boost - to go to the High Court and Win!!

 

It looks like you're gonna need a lot of time off work to get this sorted.

 

bbx

[maybelline]

good luck with this, I am in a similar position with HFC, they have finally recognised that they are processing completely false information, have no agreements but passed this to several dcas who have not responded to any of my breach of dpa letters, I have reported them all to the Information Commissioners Office and fully expect to go to the court with it if nec!

[kevinmcuk]

Quick question; I am rather concerned that if I submit my request for S78 AND S77 consumer credit act data request; the DCA or creditor will use that as a tool for me admiting liability to the debt? should I still send my requests and how long do they legally have to reply, what if they dont reply? what if they supply partial information, or bad photocopied material? is it legally worthy to be considered as an orginal copy? are the creditiors required to actually hold the original signed copy or can they produce only copies? because if a actual copy is required, then can this be examined in court if action was taken by ether side?

[maybelline]

have a look at the credit agreements threads

http://www.consumeractiongroup.co.uk/forum/general/33174-consumer-credit-act-agreements-378.html#post931982

[kevinmcuk]

thanx; will do

[maybelline]

also, another question about online viewing of credit files? sorry to borrow your thread for a moment, but why oh why does experian record it every time you look at your own file online that you are paying a monthly fee to have at your disposal, from their creditexpert site????

 

kinda defeats the object doesnt it, why pay to have all those so called searches when all you are doing is printing off your own stuff!

[dc0u]

According to Experian the searches made when accessing your credit report is just for your information. Only searches made for application for credit will show when a company searches your report, so you're safe accessing your report whenever you like (I check mine daily, waiting to see if OUSBA will ever remove a default!)

[maybelline]

thanks for that dc0u, but my file shows my searches as creditexpert search in my name every time I view it they add another to it, so now have several, I know its not a search for credit evaluation, borrowing and such but still I could look at my file every day for a week and have seven??

[dc0u]

Yeah, but only you would be able to see them, no one else - they don't count. Its just for your reference.

[maybelline]

fair enough!