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Default removal from Egg


Anthony1985
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Wrote to egg with this letter:

 

 

Date: xx/xx/xxxx

Account Number: xxxx xxxx xxxx xxxx

Dear Sir or Madam

 

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 my account.

Further to this I have no 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 me 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 __________________

 

 

 

Received a letter on the 26th of June which includes the signed credit agreement, but no sign of the default notice or deed of assignment.

 

This is a quote from the letter regarding the default notice,

 

"In respect of your request for a copy of the default notice, whilst we are under no obligation to provide a copy of this default notice, i can confirm that the default was registered in accordance with the correct procedure."

 

I'm pretty sure they are under obligation to give me what I asked for aren't they?

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  • 4 weeks later...
This is a quote from the letter regarding the default notice,

 

"In respect of your request for a copy of the default notice, whilst we are under no obligation to provide a copy of this default notice, i can confirm that the default was registered in accordance with the correct procedure."

 

I'm pretty sure they are under obligation to give me what I asked for aren't they?

They have no obligation to provide this under the CCA 1974. However, they probably have under s7 of the Data Protection Act 1998. You need to send a S.A.R - (Subject Access Request) and pay £10.

Steven

 

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