Can a default be removed ?

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I had an old debt which had a default put on my credit file ( under 6 years ago ) a DCA also persued me for the debt but they could not produce a CCA so told me they had closed the file on it, am I within my rights to get the default removed ?

[havinastella]

I had an old debt which had a default put on my credit file ( under 6 years ago ) a DCA also persued me for the debt but they could not produce a CCA so told me they had closed the file on it, am I within my rights to get the default removed ?

 

 

Yes

[RETURNED TO SENDER]

Thanks for your reply, would your answer yes apply as the default was put on by the original lender and not the DCA ?

[RETURNED TO SENDER]

And if it is still "yes" how do I go about getting a default removed from my credit rating ?

[GaryH]

I had an old debt which had a default put on my credit file ( under 6 years ago ) a DCA also persued me for the debt but they could not produce a CCA so told me they had closed the file on it, am I within my rights to get the default removed ?

 

Probably not, unfortunately. Technical unenforceability doesn't mean that the debt doesn't exist.

http://www.addleshawgoddard.com/cdc/asset_store/document/data_&_info_ealert_1_april_09_155936.pdf

[Lou89]

But surely there would have been a box on the agreement had it existed to say that they could use your details under the Data Protection Act to report to credit reference agencies and as the agreement doesn't exist they do not have your permission to report to the credit reference agencies therefore any record of the credit should be removed from the credit reference agencies reports??

 

I am no expert and currently learning myself but this is the understanding I have gained through trawling through lots of information on the web!

[Josie8]

Probably not, unfortunately. Technical unenforceability doesn't mean that the debt doesn't exist.

http://www.addleshawgoddard.com/cdc/asset_store/document/data_&_info_ealert_1_april_09_155936.pdf

 

Well I guess we're on a collision course then to the High Court and the subsequent appeals on this one. Hopefully it'll end up in a COA or HOL ruling that they can't impose a default in circumstances where the agreement is unfair - after all the inability to enforce the agreement is the financial penalty the Creditors pay for breaking the law. To allow them to default the affected borrower is to mock Parliaments intention.

[GaryH]

and as the agreement doesn't exist they do not have your permission to report to the credit reference agencies therefore any record of the credit should be removed from the credit reference agencies reports??

 

The agreement does exist. There is still a contract between you and the creditor (in most cases); the fact that the terms don't comply with the CCA just means that the court can't enforce it. It's still a debt, albeit an unenforceable one.

[RETURNED TO SENDER]

Thanks everyone for your replies.