citicard default

[jfadeyi1]

got a default entry on my credit file from account with citicards wondering what is the the best way to get this removed.I got a default judgement for the said account for £617 which citicards sent me a cheque for but they refused to remove the default on my file.What is the best way forward please

[MARTIN3030]

hI I am in the same position it is likely that the default has been entered by Hilleseden Securites who have bought the debt from Citi.

They usually record them with equifax credit agency I have checked the 2 others and its not recorded there.

There are a number of issues here.

Firstly the legality of the default entry since it has been levied from unlawful penalty charges.

The question as to whether you were made aware that Citi had sold/passed on the debt.

They cannot continue recovery action whilst the charges themselves are the subject of dispute.

There are issues which can be seen to be in breach of the data protection act both from the bank and from the DCA.

A credit reference agency must under the law make sure that any information they hold on you is accurate and they have procedures whereby you can ask them to investigate any entry you feel is wrong.As part of that you are entitled to add up to 200 letter summary against any entry on your file that you dont agree with.They will ask you to liase also with the DCA .

There are temp letters(I have seen some by Alanfromderby) that address the default issues by the banks.I am waiting for a reply to a question I posted as to whether banks can still be considered liable for defaults after giving default info to third parties who then actually get it filed.....so far tho no answer.

I can imagine that once a bank has refunded/settled claims whereby it has previously resulted in a default that your case against the DCA would be quite strong.The banks refusals to enter dialogue on the question of default removal are quite obvious since it would be an admission they were wrong to do it and that would pave the way for further damages claims.

You can send a request to Hillesedens under the consumer credit act requesting a copy of the original signed agreement between you and City giving them 12 days to comply and sending them £1.00 to cover the cost.

They are legally obliged to send it,and most of the cases have shown they seldom have it !

Alternatively you can send a dpa request for all information they hold on you,it is not an unreasonable assumption to assume they have transaction details for the debt they are collecting.

Within the dpa letter you can tie in the request that they completely remove the default entries they have made.Again I have seen sample letters Alanfromderby has posted to deal with these scenarios but I have only seen bank versions.

Whichever route.....looks like we are both looking for the same results.

Maybe someone will post who has managed to get their defaults with Citi/Hilleseden sorted.

 

[jfadeyi1]

Assuming a creditor is in default of SAR can the debt still be enforce on you at a later stage

[MARTIN3030]

Dpa and cca are both different issues/have differing implications.

What is the reason for your question..........can you be more specific as to why you are asking this ?

[jfadeyi1]

my wife has a loan account with citifinancial which was passed on to direct legal collection.i served them both SAR and CCA over 2 months ago but they could only supply notes of conversations with them (debt collector)

[MARTIN3030]

my wife has a loan account with citifinancial which was passed on to direct legal collection.i served them both SAR - (Subject Access Request) and CCA over 2 months ago but they could only supply notes of conversations with them (debt collector)

 

DLC is a subsidiary of Hilleseden Securities.and they usually buy from Citi.

They are duty bound to comply by sending you both a copy of the deed of assignment,and signed true copy of your agreement with Citi.

The cca request specifically deals with this as its covered under the 1974 consumer credit act.

 

If your cca request has passed beyond 30 days without them supplying this then the debt cannot be enforced and they are in default.

This is a trading standards issue you should report them if they insist on recovery.

 

In either case if you are disputing the origin of the debt with Citi then recovery has to be suspended.

 

You should not pay any money.

[jfadeyi1]

citicard refusing to remove default notice on credit file stating they did not admit liability when paying the judgement but the simple fact is that once judgement in default was entered it was not economic to defend,however they intend defending any action i bring for defamation of character or any type of claim as there is no basis for such.kindly suggest template for particulars of claim for default removal pls

[MARTIN3030]

Have a look in the baliffs and dca threads in the consumer action group site.

There are template letters etc there.

[jfadeyi1]

nothing under that thread i'm looking for

looking for any template for particulars of claim for default removal

[MARTIN3030]

Dear Mr Customer Service Officer,

I refer to our previous correspondence concerning my dispute regarding the information you have placed on my credit file. I am sorry to learn that you are misadvised on the matter and are not prepared to rectify your mistake. I must remind you of your obligations under the Data Protection Act 1998 to process my data in a fair and lawful manner.

Being reasonable, I shall give you a final 14 days from the date of this letter to comply with my request to contact all of the relevant credit reference agencies and advise them to remove the entry from my personal credit file.

If you will not do this, I put you on notice that I shall be issuing proceedings against you in the County Court for a breach of the Data Protection Act together with a claim for damages and distress under Section 13, plus costs.

I am aware that you have a very large and competent legal services department and I look forward to vigorously defending this matter in court. Irrespective of what your say, we will allow the judge to decide. I have nothing to loose by bringing this action against you in order to ensure you comply with your legal obligations.

I will furthermore be boycotting your company and advising my friends and work colleagues to do the same. I am absolutely disgusted by the way your company has managed this complaint. Please take note that unless I hear from you within the next 14 days with your proposals to settle this matter, I will proceed with court action without any further reference to yourself.

Yours Faithfully

 

 

This is a letter recently used..............of course you can take out the bits you dont need.

[MARTIN3030]

Anf another 1

 

 

 

Notice pursuant to s.10 of The Data Protection Act 1998.

 

 

Re: account no. XXXXXXXXX

Account holder. XXXXXXXXX

Address. XXXXXXXXXXXXXXXXXXXXXXXXX

Whereas I have been a customer of XXXXXXX Bank since XXXYEARXXX and whereas I consented in my contract with you to the disclosure by you of certain data to third parties, at no time did I consent and neither was it within the contemplation of the parties to the contract that I did consent to the processing by you of that data in any manner which would be unfair or inaccurate or which in any way would breach The Data Protection Act 1998

Therefore Take Notice that I require that you cease from processing within 7 days of the receipt by you of this notice or else that you do not begin to process any personal data of which I am the subject insofar as that processing involves the communication or passing of personal data of which I am the subject to any third party and insofar as the said data relates wholly or in part to the implementation by you of charges which have been applied to my account in respect of defaults or contractual breaches and where the said charges which have been levied at a rate which is in excess of the administrative costs incurred by you as a consequence of the said defaults or breaches contrary to The Common Law.

This Notice is given on the grounds that the processing or continued processing by you of the said data will be likely to affect my credit rating and my reputation and cause substantial damage and/or substantial distress to me and my family members in addition to that which may already have been caused and that as the processing of the said data in the way referred to in this notice would violate the fourth, first and sixth principles of The Data Protection Act 1998 to do so would be unwarranted.

signed

 

 

date

 

 

 

Notice that the base of the request for removal,is their breach of the data protection act

[jfadeyi1]

the 1st template looks great.thanks i'll send that of today