Jump to content

professorn

Registered Users

Change your profile picture
  • Posts

    2
  • Joined

  • Last visited

Reputation

1 Neutral
  1. Hi Bazooka Boo, Thank you for your quick reply. We have not moved recently, we moved to our current address over 3 years ago. He did bank with Halifax a long time ago but never requested an overdraft facility on the account. He has since moved to a different bank and has been with his current bank for about 2 years. At the point of the supposed default date my partner had stopped using his Halifax bank account. As far as he was aware there was no overdraft facility on the account. Many thanks, professorn
  2. Hi all, My partner has recently checked his credit report with Experian as we are looking to apply for a mortgage soon. There is a default on the credit report for £449.60 under the name 1st Credit. The date of the default is March 2010. We contacted 1st Credit to ask about the origin of this and for them to provide us with a copy of the credit agreement and they replied with: "This is in regards to your outstanding balance of £449.60 for your Halifax account. Further to your request for a copy agreement. I can confirm that this account relates to an overdraft facility on a bank account. Bank accounts were not regulated by the Consumer Credit Act 1974 until February 2011 therefore no copy agreement exists for this account. We have requested statements from the original creditor and these will be forwarded as soon as they are received. We will contact the original creditor in order to request a copy of the default notice. Once we have received this document we will forward it to you." My partner does not recall ever officially requesting an overdraft on his bank account so thinks this must relate to unauthorised overdraft charges. The only document they have provided is a copy of the deed of assignment from Halifax stating they are passing the debt to 1st Credit. This was several months ago and we have not received any statements nor a copy of the default notice. We don't understand how there could be a default notice if there was no credit agreement in the first place as how can a debt be enforced that does not have a credit agreement binding it. We believe that as there is no agreement the debt is not enforceable and as such should never have been passed onto a DCA and certainly no default can have been correctly and lawfully issued, is this correct? Can anybody please help with what we should do next in order to have the default removed from my partner's credit report? I'd really appreciate any help. Thanks, professorn
×
×
  • Create New...