Thank you for your Prompt reply guys, yeah I'm somewhat worried about court I'd rather settle before then if I can. I'm more interested in the default notice angle, is it possible based on the letter I sent? And thank you citizen b I think I'm going send an access request tomorrow how long do they have to reply?

Hi Martin, Thank you for replying Yes that's correct I've placed 2 requests for a copy of my CCA and a true valid copy of my default notice provided the statutory time period following the request and still absaloutely nothing. The default was issued as I had split up with my ex girlfriend about the same time and had to move back to my parents. I am 100% sure I notified home retail group (Argos) I was also pretty sure the account balance was well in order (sub £200). Once moving address I was passed on mail from my former neighbour where all kids of agressive letters were waiting for me having missed 2 payments I repaid the money owed via 3 installments (as mentioned previously I was struggling financially and after a long term split everything was a bit up in the air and I simply forgot to pay) and assumed that was everything was ok. Having recently registered for experian after having a credit card rejected I've seen this default. I've never missed a payment previously with any of my creditors and haven't since I was struggling due to loosing my job but things have changed since then and gaining a job with a half decent salary. Many thanks Sam

Hi Guys, Im hoping someone can help me (money saving expert were just plain rude and unhelpful) with some guidance or a kick up the backside in the right direction!!, heres the score; I had a default issued against my by Home Retail Group (Argos) following some financial difficulties. Recently ive began the process of trying to get this removed. I followed the advice that most people have given and wrote a letter asking politely that they remove it...to which I got a big NO. So I wrote another letter requesting that under various sections of the consumer credit act that they provide me with a valid true copy of the default notice along with a signed copy of my CCA, there was no reply within the statutory time limit. So i sent another letter....(shown below) "After recently obtaining a copy of my credit file from the credit agency, I was extremely concerned to note that you'd added a default notice against me on 24/03/2012. As is clearly evident from all previous communication between us in regards to this default, including phone conversations (24/9/12 & 25/9/12) where 2 of your staff members admitted you cannot produce a valid true copy of the original default notice or credit agreement, and failure to complete requests under s.77/78 of the consumer credit act within the statutory time period on 2 occasions. I contest the accuracy of the default which I never received and until such time you can provide proof that you complied with the above Act, you must remove all derogatory data from the files of any credit reference agency (CRA). As you cannot produce true valid copies of these documents, this will leave me no alternative but to seek legal enforcement via CPR31.16. Without sight of said default notice, I cannot argue the authenticity, enforceability or execution and therefore will use this as my claim if I am forced into taking legal action, all costs will also be claimed. It would, however, be in both our interests if you simply agree to remove the default being that I did actually make full payment and settled the account. There are so many inconsistencies with the alleged default notice, the execution, the enforceability and the legal compliance that you must surely have no other alternative but to remove it, least of all as a gesture of goodwill? I do not want to take this through the courts but I will enforce removal by judgement if necessary, at the end of the day you have acted unlawfully by not issuing a fully compliant and correctly executed legal document. Therefore, assuming you are happy with my proposal please confirm, in writing on letter headed paper the following points will be carried out; The Default Notice will be removed no later than. The Status of the account will change from “Defaulted” to “Settled” The Current Balance will appear as £0.00 The Default / Delinquent Balance will be set to £0.00 There will be no date in the “Defaulted Date” field (as it will be removed) There will be no date in the “Date Last Delinquent” field on the report This will apply to all 3 Credit Reference Agencies, namely Experian, Equifax & Call Credit Failure to agree will result in formal papers being sent, I look forward to your response within the next 21 days. Yours faithfully Blah Blah Blah" As you can see in the letter I comitted the cardinal sin and called them (i have recorded both calls) to find out whats going on as the 21 day peirod has now expired. Im now in the situation where it looks like im going to have to go through with my threat and take them to court to seek removal by judgement. I havent got a clue how the court system works and / or and which court I should go through to resolve this situation. Any advice would be muchly appreciated!!. ta Sam

Hi Slick, Thank you for your response, following my post and recieving a letter from argos claiming their not at fault ive sent a formal letter to Arogs with PO that they provide me with a valid signed credit agreement under S74 of the comsumer credit act. If they are unable to do so ive got them by the short and curlys and dispute the account and force them to remove any information listed by CRA's. Ive also written to HSBC to ask why the payments werent completed despite funds being avaliable in the account. (I had a spell with them where payments werent being processed by direct debit and I was forced to ring and pay by phone using my debit card). It just angers me that Argos or Home Retail Group can dish out life affecting defaults with such ease over a £150 account balance when im not at fault. My prior payment history to them was faultless (as with all my other creditors) and the account was settled promopty once I noticed there was an issue *angry face*

Hi Guys, I was wondering if any of you could help with my current situation..... I had a default issued against my account in 2011 following a change in address and despite me calling and informing Argos their records werent updated. After a mix up with HSBC and missing 2 payments and receiving a letter from the idiots at moorcroft I paid the debt off in full promptly. Im currently in the process of trying to get this removed so as instructed in various other forums I sent a letter politely requesting that this be removed for a variety of reasons with a copy of my credit report (which is pretty much faultless bar the default). This letter was sent over 8 weeks ago now to the underwriting department at home retail group, ive still had no response so I gave them a call to see if the letter had been received about 2 weeks ago. After being bounced round from department to department it turns out the letter has been passed onto the collections team, the person who apparently deals with these kind of queries is off sick. So i left it another 2 weeks and called them up thursday just gone and was told a manager would be contacting me to resolve the issue....guess what....no call back!!. So once again ive called this morning and being fobbed off big time and told to call back in a couple of days!! So....what do I do next? Many Thanks Sam