Awesome, thanks for your time ims21

Hi an (alleged) default was added to my file July 2008. I settled debt December 2008 but lender refused to remove data from my credit file. Does anyone here know if the toxic data will come off this July or December? Thanks for looking and thanks in advance for any help

Hi Dx Thanks for interest. Their position is that ok I wasn`t served with a notice of default, however my ex was, "And it is therefore our duty to warn other lenders that he is a bad credit risk". They`ve effectively closed down the complaint and sent me the Ombudsman kit.

Hi Santander added default to my credit file although they only sent my ex a notice of default. When pointed out to them, they admitted in writing it was entirely their fault and removed my default marker. Problem is the other account holder, whos default Santander insist has to stay, is dragging down my credit file. Worse my mortgagor has revoked the portability of my mortgage as my ex is still on it.I regard this as obscenely unfair as had I been served a notice I`d have paid up and none of this would be on my file. Santander don`t want to know, none of the CRAs will dissasociate me from my ex (whom I get on well with and is actively helping me). The Default has 3.5 years to go,I`ve contacted the Ombudsman, just wondered if there`s any other levers I can pull or if I`m just wasting my time. Thx for any advice

Hi Firstly the bad news. If the default happend and correct process followed there`s nothing you can do. They will keep it on file for 6 years. At least yours is 2/3rds served and it would give you a couple of years to save a bigger deposit. Ok that said, they are obliged to provide you with copy of original notice and there has, within the last month, been a landmark judgment (Brandon v Amex) that has loaded the arguement in the consumers favour. I suggest you read up on this as a first step. Then contact the bank for copy of default notice. Ask for all letters exchanged between yourselves. The judgement means that ANY mistake in serving, or wording, mis-spelling of names, ANYTHING can invalidate it. Best wishes

Signed- Best of British to you

Anyone know if there`s been any progress?

Hi Thx liquid, still got some other irons in the fire on this one, Its been with the Obudsman 15 months so expecting adjudication shortly, case involves bank charges inc 13.6 of banking code of conduct. Will update when I get adjudication.

Also I think Flaux was the Judge in the Mcguffick case

Hi Durkin Thx for getting back Kinda tried being nice, FOS, and ICO. I`m lucky in one respect- my sister in law is a barrister so will prob be getting the big guns out. PM me If you`re still looking for someone to provide a few paragraphs about the impact of a default, I`d be happy to oblige

Hi First sorry for new thread (Mods feel free to remove yesterdays) and promise this is last one. Anyway was defaulted 18 months ago, entire balance was unlawfull (at the time) penalty charges and wondered if this was grounds for removal. Thx

Sigh! Thx for taking time out Silverfox, back to plan b

Hi Have researched history on my case and found for the first 7 of my 28 days notice I can demonstrate I was In USA. Default was added on 29th day. So clearly I can prove I wasn`t given full legal notice period. However as I only discharged debt 6 weeks later, does this invalidate the default notice/reference or merely mean the bank can move the date of default back 7 days? Any help appreciated

Hi JGJ Went to my lawyers about different matter (default removal) and this subject came up. She said it`s possible to throw in the towel and come back at it later esp if with different POCs. Obv this time round you`d lose court fees paid so far, but Sharpe case and others are being presented by by barristers and will clear up many of the outstanding arguments for us if they win. On the flip side if they lose I don`t fancy LIPs chances. Your call, but best of luck either way.

Not true, bullit point 6 of Data protection act schedule 2 allows unathorised processing of your data because: it is for the pursuit of the legitimate interests of the data controller By all means have a 30 minute free session with a lawyer to check if it`s a runner, only then threaten Court action. Best of luck with your situation:-(