How do I remove a Default Notice?

[Mariana]

Recently received my credit report and was surprised to see that a default notice was served against me for £191.00 in September 2005! This debt was paid off within 2 months of the alleged notice. At the time we were moving and I cannot recollect receiving anything in the post to state that a notice has been served. I did liaise with a collecting agency at that time and arranged to pay off the remaining debt in two equal payments. Obviously, this has caused me immense problems.

 

I have looked at a website Personal Finance & Stockmarket help & information and there are some helpful information.

 

Can anyone help please?

[Alphageek]

What type of account was the Default issued against?

[Mariana]

A student loan account.

[Alphageek]

I am not sure if this type of loan is covered by the consumer credit act or not.

 

In any event, you need to send a SAR to the company concerned and get hold of a copy of the default notice.

 

If the notice's form and/or content is incorrect or the default notice was not issued at all, you'll have a basis to begin a claim for the default to be removed.

 

From what others have posted, it will not be easy and you should be prepared for a lengthy process.

[Mariana]

Thanks. I'll be ready then!

[shywazz]

Correct me if i'm wrong but can student loans be taken to court and given defaults, i thought it was a differant process for student loans....i might be getting confused with CCJs and student loans....

[crh]

if you look on the legalities thread there is a thread called default removal created by surlybonds

 

you need to send them a S10 and S12 notification to stop processing your data. The company data controller has to comply with this notice within 21 days.

 

I've used this method to remove three defaults so far

[Mariana]

Thanks GRH - I will have a look ...

[StuzaTheGreat]

Is it really this easy to remove a default from your credit records? Seems a bit too easy to me .... but I like it if true!

 

I have a default on a credit card which has now been settled, using this method, can I get experian etc to remove it? (I'm assuming I send the forms to the debt collection agency?)

[crh]

experian wont remove it you will have to send the notice to the originator of the default normally the bank or dca, the info should be on your credit file

[StuzaTheGreat]

..... (I'm assuming I send the forms to the debt collection agency?)

 

OK - so if i send these forms as I said above, then they will force experian to remove the default?

[Mariana]

Posted my first letter yesterday via Registered Mail. Will see what happens.