ROLL CALL: Who has sucsessfully had defaults removed?

[TheAnalyst]

The aim of this post is to get an idea of who has sucsessfully had defaults removed from their credit files. I think this will be useful for others trying to hve them removed to get an idea of what was involved.

 

Reply with the following information if possible:

 

Name of company that registered the default

Amount of the default

Was the account settled or did it still have a balance

If the default was all/part/no charges

What action did you take & on what grounds did you request the default removal

What (if any) third party was involved (Information Commissioners Office, FSA, Court etc)

 

Thanks in advance!

[maybelline]

HFC

approx 2K

misinformation, was already settled and up to date.

Data Protection Act request letters using templates from cag

CCA request

sent in credit file to prove settled and mixed up info

removed on Data Protection Act.

(not informed in writing or other why removed)

 

however....refuse to tell dca to stop processing so now with ICO

[dc0u]

Clydesdale Bank

Loan - £1500 (approx)

Account settled (partial settlement)

Unable to provide signed agreement, just signed application.

[skbuncks]

Vodafone

A massive £16.84

Account settled

No charges involved.

Used surly bonds letters. Vodafone initially refused quoting Information Commissioners Office announcement. Was preparing to go down the road of 'this default is unwarranted due to circumstances' when received another letter from their 'Quality Assurance Team' who said that due to the circumstances involved (ie default unwarranted lol) they would remove the default but late payment marker would remain.

 

Full story here

 

skb

[ASIIndustries]

Name of company that registered the default:

Halifax Card Services

 

Amount of the default:

£195.73 and again for £5.52

 

Was the account settled or did it still have a balance:

193.61

 

If the default was all/part/no charges:

The default was all charges.

 

What action did you take & on what grounds did you request the default removal:

At LBA stage they offered to remove default, but gave me another instead!

 

What (if any) third party was involved:

Experian cleared both defaults after 5 months.

 

Full story (The Consumer Forums)

 

The defaults were only 1 month late markers!

[maybelline]

DPA STICKY? is there one somewhere, I know we have a non issue of notice of default series of letters, most grateful! but this is proving to more problematic and growing fast.

 

if already done, is there a link, thanks :)

[ASIIndustries]

Hi maybelline, i dont know about a CAG Sticky, but you will find it here.

(Data protection)

[maybelline]

thanks ASIIndustries, I guess I meant templates but I have found the S10 template and amended, I am trying to cover their usual counterarguments about 'not having to be accurate' under certain sections. I have one in the small claims at the moment based on CCA :) will let you know what happens.

[ASIIndustries]

Hi maybelline, sorry but here is the actual Data Protection 1998 Act.

(Data Protection Act 1998)

[maybelline]

thats fine:)

[maybelline]

HFC

approx 2K

misinformation, was already settled and up to date.

Data Protection Act request letters using templates from cag

CCA request

sent in credit file to prove settled and mixed up info

removed on Data Protection Act.

(not informed in writing or other why removed)

 

however....refuse to tell dca to stop processing so now with Information Commissioners Office

 

one of those dca's being Westcot have now removed the default

will update if successful with the other dca S10.

[flam147]

Hutchinson 3g

one settled

£100+ witten off

got a ref number from oftello

rung execative office with ref number

retailer had used a false address so i would pass a credit check which is illegal

[orfoster]

Vodafone Limited

£1126

The account had a balance that would be settled when agreement was made that the 'default' would be removed.

No charges on file.

Writing to Data Protection Officer warning of court action.

[car2403]

- Grattan PLC

- £1634.00

- Balance settled

- No default or other charges involved

- CCA request followed by the usual template nudge/follow up letters

- No third party involvement - they have offered to remove it as a gesture of goodwill, but haven't yet so I'm keeping an eye on it for now

[Monty2007]

Great idea Analyst

 

I had two default notices served on me by Amex but Experian tell me that there are NO defaults registered, only 2 years of missed payments! I have actually been paying them back at £700 per month so these payments should be registered. However Amex claim that since they have terminated the agreements they only need to register with the CRA once the full accounts are paid up? In addition they do not have the CCA'a. Not sure where I really stand and what I should do. It get's more bizarre by the day.

 

Amex also transferred the management of my accounts to RMA/NCO who have passed them back following an SAR and CCA request, they knew they had zero.

[car2403]

Monty2007, surely if there's no agreement the debts are unenforceable! If so, why are you paying them so much when you clearly don't need to? In that case, even the late payment records aren't being processed correctly and can be easily removed using the template letters available on here.

 

I also think you've posted in the wrong place, so I'm not hijacking this thread, but just pointing you in the right direction.

[Monty2007]

Thanks Car

I have stopped paying them and I am now waiting for a response following the return of the accounts from NCO back to Amex. I am interested in a settlement agreement.

[maybelline]

Is Amex regulated by the CCA?

BBC - Consumer - Guides to - Liability of credit card companies

 

dont know if this link is useful, someone mentioned this to me the other day.

 

think that might just be about goods? there are other threads on Amex.

 

[car2403]

maybelline, only Monty2007 can answer that as it's not the company that is regulated, it's the agreement - there isn't enough info in this thread to answer that.

 

If the agreement is regulated they are covered by the CCA.

 

(Subtle prompt to Monty2007 to start a new thread so we can advise correctly in the right place)

 

[Monty2007]

maybelline, only Monty2007 can answer that as it's not the company that is regulated, it's the agreement - there isn't enough info in this thread to answer that.

 

If the agreement is regulated they are covered by the CCA.

 

(Subtle prompt to Monty2007 to start a new thread so we can advise correctly in the right place)

 

 

Hi Car

 

Yes, they are both credit cards and rgulated by the 1974 Consumer Credit Act. I was defaulted but no agreements can be found, one application which does not conform. I was paying NCO who were the DCA acting for Amex but since no agreements I have stopped paying. The accounts have gone back to Amex but they are silent at the moment.

[Stornoway]

Capital One removed £2k default info following court action for refund of bank charges - whole balance comprised charges and interest thereon(they settled one week before court).

 

First Direct removed £1.5k default info following court action for £600 charges refund (they settled day before court).

 

RBS "discharged my debt" after a CCA request - they have no agreement. They are refusing to remove the default so court action coming soon.

 

HSBC Visa also have no agreement but are trying to chase me for the debt and refusing to remove the default.

[Fully_charged]

Co-op have agreed to remove default on current account after i sent them a letter requesting a copy of default notice...expect them to adhere to it....

 

Court claim issued against Capital One for removal of default notice...

[TheAnalyst]

Finally had a result which makes the last 5 months and at least 20 letters to various creditors somewhat worthwhile

 

RBS have agreed to remove my default and instruct AIC debt recovery to stop pursuing me for £290.

The default of £2560 was made up mostly of charges which they refunded and the remaining £290ish was unauthorised overdraft interest that I would have never had if there had been no charges in the first place.

 

This was after the 4th letter I sent them and had to include copies of all statements and prove from those statements that had I not been charged I would have never been overdrawn in the first place.

 

Should be off my credit files in the next 72 hours ...

[maybelline]

WELL DONE THE ANALYST! a result makes it worth it I agree!

[Goooner]

Hi. This thread was a great idea by TheAnalyst but it seems to have died. It would be nice to know over the last month or so if there have been more successes, particularly defaults that were not all made up of charges.