Ok its a long storey but started out with a DD mix up due to a change of banks. The short of it is I ended up being defaulted by Vodafone. I settled all outstanding amounts but am left with a "Satisfied" default on my credit file. I went down the usual S.A.R - (Subject Access Request) and S10/12 notice route and still do not have a copy of my original agreement. My argument with VF is that they terminated the agreement so do not have my permission to continue processing data about me for the magical 6 year period. Attached is the latest response, basically saying that they wont comply with my notice and they have still not provided me with a copy of the original agreement as requested in both my SAR (although they did say in response to that, that the agreement was not a CCA so they didnt have to comply) or the S10/12 notice. Any ideas where I go from here???

Anyone help me with where to go with this? I have an Agreement that is marked as defaulted and they terminated the Agreement! - but it continues to be functioning as I have the goods and they continue to take my monthly payments?.

Hi, I was defaulted by VF and have been having an ongoing battle them. I served a S10/12 on them given that they terminated my agreement (which they say isnt under the CCA anyway!!) and therefore no longer have my consent to continue processing data about me to the CRA's. I just got a reply saying basically saying I have not provided them with evidence of the harm and distress the default is causing, that their continued processing of data is in accordance with the Information Commissioners guidance, given to them in an open letter, which they attach (but failed to attach it!!) and conclude whilst they will look further into my claims, that they will not remove the default, not comply with my S10/12 notice as they contend that they are not in breach of the DPA 1988 I dont quite know where this is going, but it seems to me that they have completely misunderstood (or ignored) the requirements of the Notice. Where do I go from here - this is causing me too many problems!!

There is no new agreement. The original has just continued even though they have it as defaulted!!

Hmm - but they terminated the contract at the time of issuing the default. Therefore my agreement to their processing of my data also ceased (even tho I still have the vehicle, they confirmed that everything is in order and up to date and they continue to receive payments on time!) = confused I need to hit the sack now but will pick up this again tomorrow - thanks again for the replies.

Thanks for the reply Studley96. It makes me angry and seems farcical. If they default you and you bring it back in line but it still stays as a default for 6 years - whats the point in sorting it in the first place as it still has an adverse effect on your life as though you didnt pay it! If I serve them with a S10 Notice to cease processing my Data would the default still show on my credit report?

Yes thats correct - the same dd reference when reinstated to the original account was not recognised by the bank - tried to resolve it several times but with no success. In the end I canceled it and now pay by standing order. I may get the bank to confirm. I am however still intrigued how an account which they (Inchcape/BoS) have confirmed is up to date and is continuing to function can be in default i.e terminated by them??? Im thinking of serving a S10 notice on them to stop them processing my data to see if that would get the default removed - would this be a bad idea?

Just had another argument with BoS on the phone. They kept banging on that the financial ombudsman requires them to keep data on your credit file for 6 years - is this right?? I kept explaining that the agreement is up to date so how can it be in default. Thinking of voluntary termination of this agreement as I am more than half way through and I dont want to do business with them any more!

Hello, I already sent them this letter; Dear Sir or Madam Agreement Number: XXXXX After recently obtaining a copy of my credit file from Experian I was concerned to note that your company has placed a "Default" against my name. Whilst I am aware that some payments were late, this issue was discussed with you on the telephone several times and as explained was as a result of a change in bank accounts, which then reverted to the original account. Following this the direct debits that you tried to collect were returned as my bank advised that the reference was incorrect. The direct debits were cancelled and reinstated to try and resolve this, but unfortunately the direct debit reference continued not to be recognised by the bank. As a result manual payments were made over the telephone on several occasions whilst the problem was trying to be resolved. You will note that payments are now made by standing order rather than direct debit as a result of this situation and the account is up to date. I am therefore concerned that this default has been issued against me as it was never a question of not being able to make the payments. I would therefore respectfully request that the default be removed from my credit file, as the Agreement is still in place and is being paid by standing order. I would of course be prepared to meet your reasonable costs in doing so. I also have no recollection of ever receiving confirmation that this default was indeed to be registered against me and if you are not prepared to remove it then I therefore require you to substantiate this data at your earliest convenience. 1. You must supply me with a true copy of the 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 XXXX 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. I hope that the latter is unnecessary and that we can come to agreement on how to resolve this matter and restore our positive relationship. Yours faithfully I then got a standard reply from Bank of Scotland, even though Inchcape are the ones that have registered the default saying; "I confirm that the information registered with the CRA we use is correct. We are obliged to ensure that your credit file is an accurate reflection of the payment history and therefore we are unable to make any amendment. A statement of account has been sent under separate cover to verify where payments were not received in accordance with the terms and conditions of your agreement" These have not yet been received! Where do I go from here - any ideas would be appreciated. MM

Hello I've been reading a lot of very useful information on this forum, but this is my first post so forgive me if this is in the wrong place. Inchcape/BoS have registered a default against me for a car finance agreement. I must admit that I did miss some payments, due to health problems at the time and not the ability to pay. The agreement is now back on track, uptodate and payments are made when they should be. My question is can an agreement that continues to run, be in default? I thought that the Agreement was terminated if in default. I really need to get rid of this so any help would be appreciated. MM