Default removal from CRA

[johnnyjoeflyer]

Hi to everyone.

 

I am looking to have the default removed from my credit file. It was originally added by the bank whilst the account was and still is in dispute. Dispute relates to penalty charges and is stayed, awaiting outcome of OFT case.

 

The entry of default is in contravention of the Banking Code section 13.6 which although is a voluntary code of conduct, it is one that the bank publicly advises that they abide by.

 

When completing my POC on N244 I included the removal of the default as a requirement of settlement.

 

However if the OFT case is going to drag on I want to remove the default from my credit file asap.

 

Prior to the default entry by the bank, no entry had been made by them on my credit file of me even having an account with them. Account has been held in excess of 20 years. I have copies of my credit report to prove this prior to the default being entered. It also proves that nothing had been entered by them as to me having held an account with them.

 

Based on this can anyone in the know advise if I am able to persue an alternative route to remove the default from my file, by means of letter writing etc, I am fully aware of the letters to send via the templates for default removal that I will adapt for my specific situation, but not sure if I am able to go down this route, bearing in mind the requirement of default removal is part of my POC that is currently stayed. Does this stop me using alternative courses of action to have it removed?

 

Any thoughts on this appreciated.:idea:

[johnnyjoeflyer]

Any thoughts on this anyone??

[car2403]

Are you saying you've included Default removal in your POC for your charges claim?

 

If so, you can't pursue that separately as you've already issued proceedings on it. Starting again on this issue alone will probably be struck out as the Bank will claim unjust enrichment - even if they don't, the claim would still be stayed on the basis of the OFT TC as the underlying issue is the unlawfullness of the charges (and the Courts seem to be staying everything now regardless anyway) and the claim would probably then be consolidated with your charges claim anyway.

 

I would say write to the CRA involved, but as they take their information from the Bank as the data controller, it's a waste of time IMHO.

[johnnyjoeflyer]

Hi Chris and thanks for response.

 

Default removal was included in my POC as a result of the bank showing default after accounts were put in dispute. Prior to this no entry by them had been made with CRA's, not even that I had an account with them. I have printouts of my credit file proving this.

 

The issue that I have is that if the OFT case drags on then it will take longer to remove the default as part of the claim, so was looking more at my options to remove the default without involving courts. Possibly through letters to bank noting the evidence that I have proving that they made the entry to the CRA's when the accounts were in dispute which is contrary to the banking code that they say they abide by.

[car2403]

Other than that, I'd say you've already done the informal and formal pre-action protocols (initial approach, LBA, etc) for this action (Default removal) so any attempt to further enforce outside of the case would be referred back to the decision to stay by the Bank - your best shot is to try to lift the stay, or get them to injuct the Bank in to removing the Default until the case is heard in full. I can't see how you can approach this in a different way, as Court should be the last resort - and you're already there.

 

I have the same issue with my current Default removal attempts against Barclays - they've just woken up, re-read my POC and realised that the OFT TC probably applies!

 

I've written a letter to the Court objecting to the OFT TC, which is futile really, (if they want to stay it, they will!) but I've asked for the Overdraft Default to be removed until my case can be heard in full.

 

The letter is here, if you want to try the same;

 

http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/110184-car2403-barclays-bank-default-4.html#post1309573

 

Now, this letter is my response to their objections to my Draft Directions - its from paragraph 9 that it becomes relevant to you, IMO? Adapt to suit if you choose to use it to try to lift your stay.

 

I don't think it will work, but you don't get anything if you don't ask!

[johnnyjoeflyer]

Many thanks, as you say its worth the ask and see what happens. Let you know what if anything is achieved.