Do I have a chance of getting it removed?

[Donel261]

Ok, I have a default on my credit file for £54.00, it is two years old and was paid off one year ago. After visiting this forum I have been trying to get it removed using my own version of the letter templates I have seen here. I sent a request for the credit agreement, default notices etc as I genuinely did not receive notice of a default, as far as I was concerned my payments were up to date and I had cancelled the agreement before moving house.

 

After many many "sod off" letters I have received one saying your file was destroyed we cannot provide the documents however here is a print out of your account and templates of the letters we would have sent you. The information we give to the credit agencies is a true reflection of your account, we will not be removing it.

 

Is it ultimately there decision and am I fighting a loosing battle, if they refuse again what should I do, I await the outcome of another letter asking them to remove it as they cannot substantiate it and I did not get a default letter..... however I just need to know if there is anything I can do if they say no again?

 

Help!

[callumsgran]

Hi, as far as i know if they havent got the original default notice 'and you say its been destroyed' to show you, they have to remove it! keep looking round the forum you may well find something that helps!

[MARTIN3030]

Think they have a duty to provide the info.

More info about this subject is appearing daily have you looked at alanfromderbys selection of letters in the default threads?

 

This issue is gaining more interest since it appears its proving quite a struggle but keep looking we need a few more results here and there.

But its not something that the banks or DCAs are going to start sorting out without a lot of pressure...and of course full use of the laws to assist people to force them to do it.

[Donel261]

Thanks, yes I have finally got them to admit they destroyed the file by using alanfromderbys letters, thanks for trying to help.

[Movingon]

To be honest Donel, I reckon they're fobbing you off. If they've destroyed the file and sent you template letters "which they would have sent at some time" they're flannelling. Tell them to remove the default in 14 days or else you're going to complain to Trading Standards.

 

If you cancelled the account and they took no notice then they cannot keep you in default. With the limited knowledge I have of your case I reckon that's what you should do... bearing in mind the text in my sig.

[deemacperth]

I wouldn't mention Trading Standards in your letter.

 

Write to them again, something along the lines of:

 

 

I have recently received a copy of my personal credit file from Equifax and Experian and have noted a default entry recorded against my name.

I have enclosed a photocopy of the relevant entry. (Send them a photocopy if you've got it)

I have already informed you that I have not received a copy of this default notice in it's proscribed form as laid out in the Consumer Credit Act 1974 Section 87.

I must remind you of the obligations you hold under the Data Protection Act 1998 to process my data in a fair and lawful manner. This means that if you cannot locate a copy of the aforementioned default notice and provide it to me in the timescales I have requested, then you shall contact Equifax and Experian and advise them to remove the entry from my personal credit file. If you will not do this, I put you on notice that if I suffer any financial damages due to credit being refused and having to accept less than prime credit due to this default, I shall recover the aforementioned damages from yourself.

If you do not understand what this means then seek advice from your legal department.

 

I shall give you 14 days from the date of this letter to comply with my request.

I shall not write to you again regarding this matter.

 

Then when they fob you off again, here's the link to the complaint form from the Information Commissioners Office who regulates the Data Protection Act. all you have to do is include copies of all your correspondence along with this form. As long as you've given the company time to act, then they'll find on your side.

 

http://www.informationcommissioner.gov.uk/cms/documentUploads/DPA%20Complaint%20Form%20.pdf

[MARTIN3030]

Trading standards are the ones who will deal with the breaches of consumer credit act.Local TS are unlike the IC not being swamped with complaints.

 

As has been mentioned here the IC is telling firms to comply but as I recall they are giving 28 days for compliance.

 

Local trading standards are less underworked in this area and can begin a quicker path of action.

[deemacperth]

I don't think TS have any statutory powers over Data Protection issues and she's talking about her credit files here.

[deemacperth]

Sorry, Donel could be a he as well.

[The Boss]

See the link in the message!!!

 

I am also trying to get a default removed. I had settled it in 2002 and was told that the CRA would be updated. In April I deceided to get a credit report as I was getting mail at my address but not in my name. It was then that I saw they had left a balance and a default. I wrote under my own steam and they amended the amount BUT still left a balance and "of course there records are never wrong - so why amend the amount after 4 years"

 

Oh just by the way when I asked the CRA to query it with Barclaycard - Barclaycard told them the record is correct and they will not change it.

 

Yes they did change it after I wrote my first letter so now I am going all the way.

 

Use the link below and follow the procedure to the letter, I am at stage 2 and it looks to be similar responses to those I have received.

 

http://www.consumeractiongroup.co.uk/forum/legalities/11659-how-get-your-default.html?highlight=%22signed+authority%22

 

Good Luck - "Don't ACCEPT anything less than what you believe is correct"

[MARTIN3030]

Failiure to produce the docs is a cca issue...........thats dealt with by TS

 

I know data protection is not TS

 

There are 2 issues here I was saying that TS can address one of these.

[deemacperth]

I'm really not getting into an argument here, but the whole point of Donels thread was getting the default off his/hers credit file.

 

Trading standards will not do this. A company can even apply a default without obtaining a CCJ.

 

So, whilst I agree with you that if you want a default struck off of the Central registry then you should contact TS, but the ICO is the only department that can get Donels file cleaned.

 

The other option Donel, is to file a part 8 procedure to force specific performance. The part 8 should be used if you're not claiming any damages. If claiming damages, file an N1

http://www.informationcommissioner.gov.uk/cms/documentUploads/8%20Data%20Protection%20Act%20Taking%20A%20Case%20To%20Court.pdf

 

that form has details of how to take a Data Protection issue to court.

[Movingon]

...remembering that the fee for a part 8 procedure is £150.

[deemacperth]

Totally recoverable if the DCA no longer have a copy of the default notice to provide.

 

[MARTIN3030]

Ok then 2 options........either take it to court or continue beating around the bush.

 

As been said a part 8 is 150 quid.

 

the laws are in place and they are there to be used.

 

I think thers been enough advice here which way you choose to proceed is up to you,

[Donel261]

Thanks for all your help guys, really appreciated!!

 

I am happy to take it to court, does the judge have the power to get them to remove the record from my credit file. How would I word the particulars of the claim, do I have to use legal terminology and quote all the relevant sections of the act or can I just say what has happened and why I think they are wrong?

[Donel261]

You were right!! (Any advice greatly appreciated, how do I respond?)

 

Had a letter back today, it reads....

 

" Having investigated your account and liased with our legal department I must advise the default is correct and will remain on your credit file for its full period. The following backs up the evidence we have already given you.

 

By law we do not have to keep paper records of your file and defaults you have made on this account. A court of law would not expect us to do this and the evidence we have previously provided you is valid. (basically the blank letter templates and screen print outs )

 

The default notice was served to you correctly. As you paid the default to the relevant department (a year later after receiving a random letter from a debt collector!) it would suggest that you did indeed receive the default. If you had not received the notice you would not have known about it and therefore not paid it. I am unable to provide you with another default notice as you do not owe us or are debt recovery agencies any further monies. We are legally obliged to notify credit reference agenices of your credit history all settled accounts are kept on your account for six years.

 

The screen prints are a true reflection of your account. I am sorry to read you do not accept these however a court of law will. Therefore, they are valid and do show a true reflection of your account history. I have been advised by our legal department if you wish to proceed with court action, then this is your perogotive however we are unsure why you are proceeding with this action as the details we have provided you are correct. If you are disputing the information on your credit file as innaccurate then it is your responsibillity to prove it is wrong and not us.

 

Thank you for you patience blah blah blah......"

 

I really want to take it as far as I can but cant back up my arguement.... I dont know what to do?

[MARTIN3030]

looks like court time.

However before you did that I would hava a further look at which lrgislation you are going to rely on.

[Donel261]

Have sent the following letter in response, a complaint also off to information commissioner first, will then proceed to court if no joy.

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

Me

[MARTIN3030]

Sounds ok but do a spellcheck.......theres a few in there !!

 

[Donel261]

I will thanks...

[Tinkerbelle]

Any update on this?

[MARTIN3030]

yes I too was wondering

[Donel261]

Sorry for not replying, I am currently on holiday in greece, before I left I had another letter from them saying. Sorry you are unhappy, we don't need to keep paper records, any court of law will be on our side, you have no chance, it is not being removed and we will defend any action you intend to bring. Sent a complaint to the information commissioner, don't know if they have replied, return home tomorrow so hopefully something, although it may take longer for them to investigate.

[Tinkerbelle]

Hi there!

 

Hope you enjoyed your holiday.

 

When you get a chance, take a look at the thread below. It would appear that if the company cannot provide you with a copy of either your Orginal Signed Agreement or the Default notice, then by law they have to remove the default.

 

There also seems to be another way of getting the default removed, and that is by asking to have automatice updates to the CRA stopped.

 

All this is explained in great detail in the link below.

 

Read Me!!

 

Good luck!