default on credit file, guide to removal

[groovychickmum]

removed link

 

 

 

this is basically step by step if you have not received the original by post (moved house/never sent).

this is probably already on here somewhere, but i've added it so i can go straight to it when i need to start the process.

[oneofakind]

Is this learnmoney.co.uk?

 

I've looked at it... seems like good advice, but now their site keeps popping up on my computer screen as a second tab every time I log onto the Net!

 

[groovychickmum]

yeah i think it is, i've not have that problem at all with it. ok i've pasted it all here instead.

How To Possibly Remove A Default Notice From Your Credit File

 

Assume you owe £10,000 to the bank or on a Hire Purchase Agreement. If you miss 3 payments you'll likely be served with a 'Default' notice under the original loan agreement.

This 'Default' will show up on your credit file and it is very bad news because it ranks right up there with a County Court Judgment (CCJ). People often assume that a CCJ is the worst entry on a credit file (apart obviously from bankruptcy) but in reality most lenders view CCJs and Defaults as one of the same. Subsequently anyone with a Default will find it very hard to get any sort of credit including a mortgage at a decent interest rate.

Paying The Debt Off Is No Good

• Assume you have a default marked on your credit file and continue to miss payments
• You are then summoned to court and have a CCJ against your name and this is also noted on your credit file
• BUT, before you appear in court you negotiate with the lender and either pay the debt in full or arrange a deal to pay off a percentage, perhaps 60%-80%
• In such a situation you would think the matter is closed. You were bad but made good in the end
• NO. Most people don't realise that though the Default will be noted as 'satisfied' on your credit file, the word 'default' WILL NOT DISAPPEAR and it will remain there fora minimum of 6 years
  
• If however you pay off the debt in full then you are strongly advised to write to the finance company in question and politely ask them to remove the default notice - there is no guarantee that this will work though

The word 'satisfied' looks good in your eyes but in the eyes of a possible lender (mortgage, credit card company etc) it is massively overshadowed by the word 'default'. Any lender will take one look at the fact that you haven't been good at managing your debts in the past (rightly or wrongly) and will likely close the door on you and any future business.

Just How Bad Is A 'Default' Notice

Very bad and here's an example. You'll struggle to find a bank that will even issue you with a chequebook! Although, if you already have one with your current bank they won't take it away.

And as for mortgages (with decent interest rates), credit cards and cheap loans forget them all if you have the word 'default' anywhere on your credit file, and even as we've said above if it's marked as 'satisfied'.

Past Paperwork Is THE Key

In certain circumstances there is a way that many people can often force their past lenders to remove these default notices. This strategy works because many of the banks and financial institutions issued default notices like confetti without following the strict paperwork guidelines that are in place.

And it's incorrect paperwork which is the lever you'll be using to get those defaults wiped. However, there is one problem with this strategy in that the paperwork and procedure by the banks has all been tightened up in the last year. So if your default was placed on your account before the beginning of 2005 then you've likely got a far better chance of getting it wiped than if the default was issued in say late 2005. Whatever the case, we'd still advise you to follow this plan under the 'nothing ventured nothing gained' philosophy

Timescale Of This Wiping Default Strategy

The total time should take you no more than a few hours but it will likely take 2-3 months before you get a result one way or the other. Not only do the banks seem snowed under with paperwork but they won't like dealing with you (too bad!). We therefore suspect that many letters get 'lost' in the system. But don't worry because -

1. You'll be sending recorded letters, and
   
2. The banks by law have to reply to your requests, and if they don't then we the consumers have the powers to threaten them which WILL get them moving - Don't therefore give up

Some Background

• What we're going to do is show you a complete set of letters (both sent and received) that were passed to us by a gentlemen who had a default on his credit file (we will refer to him as Mr One)
• The default was for around £25,000
• The amount doesn't matter either so this can be tried with a default of just £200 right up to £100,000+
  
• All account numbers and dates have been marked out

CRITICAL POINT Regarding This Strategy

• The following strategy relies on the fact that the person with the default never received the original default notice
• Whether you did or did not is your business
• But whether you did receive it and elect to say you didn't is a personal call
  
• We at LearnMoney.co.uk strongly advise you to think about this point and would also strongly advise that you never lie to any financial institution

 

The First Step - Contact Experian The Credit Reference Agency To Get Hold A Copy Of Your Credit File

1. Either go to the www.Experian.co.uk website and order a copy for £2, call them up or write to them
   
2. DO NOT sign up for one of their expensive services costing £30 or more, you don't need it
   
3. Experian are sneaky in that they try and hide the facility to order your credit file for £2 but search around on their website and you'll find it, use the phone if you get lost
   
4. Within about a week you'll receive your credit file
   
5. Study it and find the correct entry re the 'default', if you need help then call Experian's helpline

Letter Writing

Here is a complete list of all the letters that Mr One wrote, the replies he received from his bank, as well as our comments.

 

LETTER 1Comments

• Get organised!
• You're going to be writing at least 3 letters and maybe a lot more so get a brand new file that you can place all documentation in
  
• This is very important as if you have to take matters beyond the bank to a higher authority (this will be revealed in the letters) you want perfect paperwork

Mr One's Address

23 High Street

London

ABC1 8YZ

The ABC Bank

1 Bank Square

Bank Town

BK1 7TD

Date: xxxxx

Dear Sir or Madam

Account number - xxxxxxxxxx

Sort Code - xxxxxx

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 a joint account in my and my wife's name.

Further to this neither I nor my wife have a 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 myself 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 & Mrs One

Comments

• It is important that this letter is sent recorded delivery
• Also note that £1 was sent in the form of a Postal Order (a photocopy of this postal order should be attached to a copy of your original letter and placed in your file)
  
• Note, that all letters are written by Mr & Mrs One because the account was in their dual names. This also meant that a default notice was placed against both their credit files

The ABC Bank's reply to Letter 1

Dear Mr One

We write with reference to your letter dated xxxxx.

We write to confirm that after checking with Experian it shows that when the account was satisfied via a full and final payment the default notice was also marked as satisfied with Experian.

If you have any queries, please do not hesitate to contact us on the number above.

Please find enclosed your postal order for £1.

Yours sincerely

 

Customer Services Manager

Comments

• A classic fob-off letter telling Mr One absolutely nothing, apart from what he knew already
• Interesting to note that they try and get Mr One to call them if he needs anymore help
• NEVER speak to anyone on the telephone even if they call you
• Politely say that you want ALL correspondence in writing
  
• OK, it's time to hit them with letter 2 (you can wait a week if you want but why not write back the same day)

LETTER 2

Dear Sir or Madam

Your Ref : On the last letter from ABC bank there will be a reference number, place it in here

Account number - xxxxxxxx

Sort Code – xxxxxx

Thank you very much for your letter dated xxxxxx.

You however tell both my wife and I information that we already know. We have both seen our Credit References and the notice of 'Default' and then 'Satisfied' next to the item relating to the ABC bank.

It is the 'Default' notice that we are very concerned about because neither I nor my wife have any recollection of ever receiving such a notice.

The three questions in the original letter dated xxxxx (letter 1) specifically relate to this point and request you to substantiate this information. Could you therefore answer in full the questions contained in the xxxxxx (letter 1 date) letter of which we enclose a copy, we also enclose a £1 postal order.

It is your duty to comply with my requests under the law.

Yours faithfully

Mr & Mrs One

Comments

• As we mentioned above Mr One's default has been 'satisfied' but this does not matter for this kind of strategy, even if the default had not been marked as 'satisfied' the letters Mr One would have written would be exactly the same
  
• Make sure you send this letter recorded delivery as well

The ABC Bank's reply to Letter 2

Dear Mr & Mrs One

We write with reference to your letter dated xxxxx (letter 2).

We can confirm that we have requested a copy of the Default Notice and also the account opening form and once this is received we will send these along with statements as requested.

Yours sincerely

 

Customer Service Manager

 

Comments

• OK, now they understand that Mr One cannot be fobbed off and perhaps knows what he's doing so they might be forced to do some work
• But will they actually do anything or continue to brush the matter under the carpet hoping that Mr One forgets or is disorganised etc?
  
• They can hope all they want but Mr One is not letting them go...

LETTER 3Comments

• Nothing was heard back from the bank for over 28 days (which is the normal time limit for this kind of correspondence) so it's time for Mr One to get busy again this time with some threats (put in a professional manner of course)

Dear Sir or Madam

Your Ref : xxxxxxxxxxxxxxxxxxxxxxxxxxx

Account number - xxxxxxxx

Sort Code – xxxxxx

I wrote to you on the xxxxx (letter 1) and the xxxxx (letter 2) asking for some relevant information. I enclose copies of the two letters which were both sent via recorded delivery.

You wrote back to me on the xxxxxxxx without answering any of the questions put to you in the original letter.

As 28 days has now passed from the date of the 2nd letter you are now in breach of your duties under Section 78 of the Consumer Credit Act. If you do not answer my original questions and reply within 7 days I will have no choice but to escalate the matter to the relevant authorities including the Banking Ombudsman, Office of Fair Trading and the Information Commissioner's Office.

Yours faithfully

 

Mr & Mrs One

 

Comments

• Note the 2nd sentence in the first paragraph 'which were both sent via recorded delivery'
  
• Let the bank know that they can't get out of this easily, Mr One is RIGHT on their case so to speak

The ABC Bank's reply to Letter 3

Dear Mr One

Thank you for taking the time to write to us about your concerns. All concerns are important to us and we welcome the opportunity to address the issues raised.

We are not yet able to answer your concerns fully, as we need to look into matters further. We will contact you again in 10 working days either with a full response or to update you on the progress we have made. However, if you wish to discuss matters, please contact us on telephone xxxx xxxxxx.

Yours sincerely

Mr A Realname

 

Comments

• Now Mr One is getting somewhere especially as this letter is actually signed by someone and not a 'customer service representative'
• The bank are now are under NO illusion who they're dealing with, ie somebody who knows the right kind of threats to use, in this case a 'breach of your duties under Section 78 of the Consumer Credit Act'
  
• Note again that they're trying to get Mr One to telephone rather than put things in writing. NO WAY!

Further reply to Letter 3 from the ABC Bank

Dear Mr One

Thank you for your patience whilst we have been addressing your concerns. Whilst we had hoped to be in a position to resolve matters by now, unfortunately, this has not yet been possible due to delays in obtaining the information that we require to complete our review.

Please accept our sincere apologies for the delay. We will contact you again within the next 10 working days with an update or a full response.

Meanwhile, please feel free to contact this office, if you wish to discuss this further on telephone xxxx xxxxxx.

Yours sincerely

Mr A Realname

 

Comments

• It's obvious now that Mr One's letters are in the system and logged because they replied within 10 days of their previous letter
• Again, they subtly try and get Mr One to call with his concerns - fat chance
  
• However, after hearing nothing back from them for a week it's time for Mr One to suggest that because they cannot provide the paperwork asked for in letter 1 they should remove the 'default' notice altogether

LETTER 4

Dear Mr Realname

Your Ref : xxxxxxxxxxxxxxxxxxxxxxxxxxx

Account number - xxxxxxxx

Sort Code – xxxxxx

Thank you very much for your letter dated xxxxxxx (the one above). However, as you have now exceeded the statutory time for the data provision requested could you please consider removing the data in its entirety as unsubstantiated.

If you do not feel that you are in a position to do this we will have no further option but to refer this case to the Information Commissioner Office, Banking Ombudsman and Trading Standards as appropriate.

Yours sincerely

Mr & Mrs One

 

Comments

• No comments really apart from there being 3 real threats contained in the last paragraph
• All of those organisations mentioned will likely take Mr One's side if this matter escalates further, and the ABC bank knows this
  
• As we mentioned earlier on it's all about the correct paperwork and procedure which has to be followed

Reply to letter 4 from ABC Bank

Dear Mr One

Thank you for your patience whilst we have been addressing your concerns. Whilst we had hoped to be in a position to resolve matters by now, unfortunately, this has not yet been possible due to delays in obtaining the information that we require to complete our review.

Please accept our sincere apologies for the delay. We will contact you again within the next 10 working days with an update or a full response.

Meanwhile, please feel free to contact this office, if you wish to discuss this further on telephone xxxx xxxxxx.

Yours sincerely

Mr A Realname

 

Comments

• This is just NOT on, the letter is exactly the same as one received less than 30 days ago!
• Mr One therefore immediately fires off a response trying to bring the matter to an end
  
• He feels that as the paperwork is not forthcoming the odds on getting the default removed are certainly moving into his favour

LETTER 5

Dear Mr Realname

Your reference xxxxxxxxxxxxx

Thank you letter dated xxxxx which I note it is an exact replica of your letter dated xxxxx. In your most recent letter you have not give me an update or a full response as you stated that you would in your previous letter.

I refer you to the last paragraph of my letter dated xxxxx (letter x) stating that I must refer this case to the information Commissioners office, the Banking Ombudsman and the trading Standards.

Would you please reply to this letter within 10 days giving the details of the data provision previously requested.

Yours sincerely

Mr & Mrs One

Reply to letter 4 from ABC Bank (this came within 3 days of the Letter 5 being sent)

Dear Mr & Mrs One

Ref xxxxxxxxxxxxx

I write regarding the above detailed account and in response to your letters dated xxxxx and xxxxxx. Thank you for your patience while we have been investigating the matters.

Unfortunately, it appears that you did not receive the letter forwarded to you on xxxxx (a copy of which has been enclosed for ease of reference).

I regret to advise you that I have been unable to obtain copies of the original account documentation of the default notice. Consequently, as it appears that the requested documentation has been lost, copies could not be provided within 28 days of your request. Please accept my apologies for any inconvenience this may have caused you.

Since we have been unable to locate a copy of the default notice issued, as an exceptional matter, the necessary action has been taken to delete the adverse data recorded with the credit reference agencies.

Thank you for taking the time and trouble to bring this to the bank's attention.

Yours sincerely

Mr Another Realname

 

Comments

• BINGO! Mr One has won the battle and forced the bank to remove the default notice from his credit file
• About a month later Mr One then requested a new copy of his credit file from Experian to check that the default had actually been removed, it had
  
• However, if it had not then the process was likely still in the 'system' and another polite letter to the bank reminding them would be in order

 

Summary To Wiping A Default Notice From A Credit File

Paperwork and procedure is what it's all about when looking to remove a default notice from your credit file. And if one or both of them have not been followed by the Bank in question then you've got a very good chance of getting a default notice removed.

While we cannot promise anybody reading this with default notices that they will be able to also get them removed we would strongly advise that you study the letters in detail and copy pretty much the exact procedure.

Good luck in wiping those default notices! We really hope this guide will help you and give you the motivation to do so. BUT, try and promise yourself that you'll really start to look after your personal finances and subsequently your credit file and not get into any further trouble again.

Once again, GOOD LUCK!

Postscript

The above strategy was no fluke nor did it rely on luck. Also in our possession are notes relating to another gentlemen who had 2 default notices on his credit file, one for £15,000 and the other for £1,200. The exact same strategy was followed as above and this time a different bank (both defaults were with the same bank) was forced to wipe the larger of the 2 defaults off the credit file. Unfortunately the default for £1,200 stayed as the bank's paperwork was in order.

[hjbear]

I used the same template letter as this one, and was told:

 

With regards to the copies of the default notices requested we are not obliged to supply these as long as we can prove that we have issued them on our internal system, this will suffice in a court of law.

 

Anyone know where I stand with that?

 

Thanks in Advance

 

Jane

[2Grumpy]

A sar letter if you haven't already done so might be a good idea. That should show if they think they have issued the letter.

 

Maybe also a reply to them thanking them for their reply and that you will be passing their letter to the banking ombudsman & trading standards for their comments, and can they please forward a copy of their complaints procedure.

 

Not sure what the position is really, but you should get an answer from TS

[oneofakind]

Yeah, that's the same thing! It's not causing any problem (I hope! - antivirus & spyware didn't kick up.), I just can't make it go away!

 

[groovychickmum]

''With regards to the copies of the default notices requested we are not obliged to supply these as long as we can prove that we have issued them on our internal system, this will suffice in a court of law. ''

LIKE 2G SAID, S.A.R > THOUGH DIDNT WORK FOR ME, GOT NOTHING FROM CRAP IS INDICATE A DEFAULT,NEVER GOT ONE EITHER, ITS ONLY BY LOOKS IN THEIR PRINTOUT, THAT A DEFAULT 'PRICE' CAN BE SEEN. NO LETTRS ON ANYTHING ABOUT IT THOUGH.

[hjbear]

Thanks for the advice

[phill123]

LOOKS IN THEIR PRINTOUT, THAT A DEFAULT 'PRICE' CAN BE SEEN. NO LETTRS ON ANYTHING ABOUT IT THOUGH.

by the CCA 1974 does a default letter should be in writing and contained some prescribed term ? i don't know if you haven't received this default noticwe how the creditor can prove that you recieved this letter ( assuming they don't use a recorded delivery system) ?

[phill123]

sorry just a cluase in small print doesn't comply with the CCA i think it isnot beaus e they think they put a "price" ON IT THST YOU MUST HAVE RECEIVE IT!!!???? it seems to me an other unfair practice

[groovychickmum]

i know i didnt get it because the date of 'default price' on printout, i had moved a few weeks/month before that date.

[powelll]

Anyone know where I stand with that?

 

Thanks in Advance

 

Jane

 

The CCA 1974 requires that a default notice is 'served' . Yjis doesn't mean that it has to be received by the customer / debtor. It's pretty impossible to prove that they haven't sent it to be honest.

[groovychickmum]

but its highly impossible to prove i received it too.....

i didnt live in any address a dca could call or knock on a door or have any visitors ( 'womans' aid hostel) so therefore i know i definetley did not get a default notice, because at that time i could not give the address out to anyone.

The CCA 1974 requires that a default notice is 'served' . Yjis doesn't mean that it has to be received by the customer / debtor. It's pretty impossible to prove that they haven't sent it to be honest.

But it is for them to prove it has been sent, + prove a deed of assignment, otherwise, any company /dca/solicitor etc can take you to court and state they issued default notice, there has to be a paper trail to prove it. YOU CANNOT BE TAKEN TO COURT WITHOUT FIRST HAVING BEEN ISSUED A DEFAULT NOTICE.