Default Removal help needed

[hannah8686]

After searching the net for many hours, i am back on my fave website again looking for the the answer.

 

I have read through the posts but am getting confused so as always the best way forward is to start my own thread.

 

I have already called up my husbands and my own experian files and altogether there are 5 defaults

 

2 are the same debt to barclaycard

 

it has a default registered as - agreement made with barclaycard

abd the same debt is also under link financial marked as settled

 

i wasnt even aware this was sold on, and i never rec'd notice of a default etc ,

 

two are to mobile phone comapanys and the other to ACE catalogue

 

i understand there are ways to remove them but unlike the bank charges there are no templates.

 

 

 

My understanding is the following

 

 

step 1 - Write to the companys enclosing £1 for a certified copy of the original default notice. I guess i give them 14 days

 

step 2 - if they dopnt respond i write given them a further 14 days

 

step 3 if they come back saying they dont have it i ask them to remove the default or i complain to ???

 

 

Another route i have seen is to withdraw my consent for them to give my info to thrid partys and as experian - call credit etc and not governing bodys they do not have a legal right to my information etc thus the companys have to remove any data they have from those companys

 

 

Im quite confused so any help would great

[hannah8686]

Hiya all,

 

I have been reading all the threads for about 24 hours now (not straight) !!!!

 

I have 5 defaults in total, 3 have been paid

 

1st with barclays is showing as agreement made - this has been settled thou in 2004

2nd is the same debt but showing as LINK FINANCIAL - this is showing as settled

 

3rd is hutchingson 3G - Unpaid at the moment - defaulted on 17/05/06

 

4th is T-Mobile - Defaulted on 09/07/06 - paid in full on 09/08/06 - not updated to settled yet

 

5th - Ace mailorder catalogue - default register 2004 - not settled

 

 

So basically even thou i have read through for hours, copied letter templates, i am just a bit confused as to where i should start.

 

*** any pointers to get me started will be great, i want to move house in 12 months so want to sort out my credit rating by then***********:?

[hannah8686]

Also, i have recently settled my secured loan, i have bad payment history with them so if i write to them am i able to get them to remove there company and my payment details form my credit file also, it wouldnt be so bad but over the last 6 months all my payments were late so its really effecting lending decisions also.

[phunkeymonkeh]

1st with barclays is showing as agreement made - this has been settled thou in 2004

2nd is the same debt but showing as LINK FINANCIAL - this is showing as settled

 

 

I may be wrong, but im sure they are not allowed to have two defaults showing on your credit file for one debt?

[towelie]

You are right phunkey. you cant have 2 defaults for same debt.

 

I have just started the process of getting one removed as I also have 2 defaults for the one debt. I have searched on other forums and have since ound out that if a DCA is registering a default against you then the one from the original lender has to be removed.

 

Firstly I done an online dispute with the credit agency where the 2 defaults were registered, explaining that they were both for the same debt and I want one removed.

 

Then I have sent the following letter to the DCA :

 

address

21 August 2006

 

Reference: Account No. XXXXXXX

Dear Sir or Madam,

 

I have noticed a number of inconsistencies with respect to your registering of a ‘default’ notice on my credit reference.

 

Firstly, it clearly states in the Defaults Guidance that:

“The accuracy of any given default record is a matter of fact. The Registrar would normally expect a data user to retain such records as are necessary to demonstrate the existence of an agreement and to support the filing of a default. In other words she would expect a lender to be able to produce evidence to substantiate a default record it had placed on a credit reference file. The absence of such supporting records may indicate a breach of the Data Protection Principle which requires personal data to be adequate, relevant and not excessive for the purpose for which they are held. A record of the despatch of a notice of an intention to file a default, if not a copy of the notice itself, will assist data users to comply with this requirement.”

As I have no recollection of receiving a notice of intention to file a default you are in clear breach of the Defaults Guidance, I therefore require you to substantiate this data at your earliest convenience.

Lastly, a report 'Defaults Filed with Credit Reference Agencies' by Carol Hufton, published in June 1999 by the Data Protection Registrar to 'give the registrars view on the standards of data quality which should be met when filing information about Defaults' states that:

“The re-recording of a default is not acceptable.”

Therefore, as the default on this credit agreement is already registered with original lender you are again in breach of the Data Protection Principle.

So, with this in mind I have the following requests:

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number XXXXXX

2. You must supply me with a signed true and certified copy of the original default notice

 

 

3. I request removal of the default forthwith, failure to comply will result in a report being made to Information Commissioner and Trading Standards.

 

I would request that this data is provided to myself within the next 28 days, if you are unable to provide this data then I must insist that it is removed from my files or I will have no alternative but to report you to the Office of Fair Trading and the Information Commissioner's Office.

 

 

Yours faithfully

[towelie]

Also for the other ones you could send the letter to request a copy of the default notice.

[Bookworm]

2 threads merged. Please do not ask the same questions in 2 different places. It creates more work for us and does not help you.

[martin2006]

Hi hannah

You seem to have crossed your wires a bit.

There appear to be two ways to get defaults removed.

 

1 write to the company and request a copy of the default notice. They then have 30 days to supply it.

If after 12 days you have not received it then they are in default.

If then after 30 days IN TOTAL i.e. including the first 12 days, they still havent sent it then they have committed a criminal offence. Then its no paperwork, no debt please remove default immediately.

 

2 You have found, i think Surlybonds alternative approach to removing defaults.

This being the one where when you signrd the agreement you only allowed them to process your data for the duration of the agreement and as the agreement is defaulted it is terminated, along with your permission.

 

You can go down either route, just dont do both.

Or try one method for one default and one for the other to see which gets the better result.

 

Hope this helps and good luck.

[hannah8686]

Ok so i have typed up 5 letters, they are all slightley different as 2 are for paid credit cards, one for a paid t - mobile contract, 1 for an unpaid 3g contract and 1 for a catalogue account - unpaid but i have requested copy of default and orig signed credit agreement.

 

just checked my credit file and noticed that my next account is also showing as default, missed 2 payments made a payment then missed 1 more, the balance owing was 60 quid lol and now its a default - settled in full thou not showing that yet.

 

starngley i also rec'd a letter from them welcoming me back??? its all odd, dont know if i should ask them to stop processing or see wht happens, was planning on keeping the account as they report back with a (0) everymonth even if you have a nil balance,

 

i have been reading all posts for 3 evenings solid now so i kinda understand the process, but as it all seems relativley new - unlike the reclaiming of bank charges wheras loads of peeps have won still feel a bit (alot) lost.

 

will send them in the morning and am going to email them across aswell- i will also be emialing equifax/experian/callcredit etc just for there ref.

 

will update the progress ;-)

[hannah8686]

Help!!

Next have just written back saying that they do not have a signed copy of my agreement so therefore they are fully aware that the debt is unforceable in court,

but the debt is still due as far as they are concerned - it was paid 6 weeks ago - have they even looked at my file

They have then stated

 

With regard to the information relating to the debt with the credit references agencies this is covered under the data protection act the not the CCA. when you opened the account you agreed to next terms and conditions which include that the info on account would be shared with the credit agencies. these are available on www.next.co.uk(even though they have no signed credit agreement so where is the evidence that i agreed)

they have also enclosed sample default notices as they state they are under no requirement to provide certified originals. ?????

So i know i have to write back but any help would be appreciated, i will of course have a read through the thread myself again but please HELLLLPPPP

 

 

thanks ;-0

[pugsley]

bump

[hannah8686]

ok, so been a while since i posted but i have an update.

 

Barclaycard, removed the default after i sent them the letter in the main lagalities forum buy Surlybonds. i only sent the letter 12 days ago and it is showing as gone already.

 

I sent Next another letter as they eventually got back to me and confirmed they have found my payment - how typical!!! I then sent them a letter asking them to remove the defaults along with a £1 chq and a request for an original defaiult etc - they have sent me back the letters and the chq..........No covering note, nothing!!!! just a handwritten envelope with a next logo on it!!!. So i am now going to send them an LBA not to sure on the wording yet.

 

T-Mobile have written back saying they are unable to remove the default - i think this is related more to en email than the letter i sent though and the other companys have not replied. As of friday ot will be 14 days so on saturday LBA's will go out to them all for not sending me original defaults/Copies of credit agreements.

 

any help or advice would be great

 

Thanks

[un1boy]

hi hannah - any updates on this? what were your replies etc!

[hannah8686]

Well, i gave up after not getting any joy from any of them,

 

Just started again, from the beginning.

 

Barclays did remove their default completley.

 

3G are ignoring me

 

t-mobile said no

 

Next - Sent back my letter with my cheque and didnt write anything at all

 

Ace - ignored me complateley.

 

Link Financial didnt listen to me at all, they just changed the default to settled

 

So all these companys are either 'Clueless and dont have a clue what they are doing' or the more likeley 'ignoring me intentionally'

 

All letters were sent friday so i will start posting the progress.

 

I want to buy a new house in 6 months so i need to sort this out by then as i dont want a really high rate.

 

 

if anyone has dealt with the above companys any advice would be great.

 

Good luck everyone

[un1boy]

Hi Hannah which letters is it you have sent? the CCA request ones? To all creidtors?

 

I'm in the process of getting T-Mobile and NTL to remove my data and HSBC to remove some unlawful defaults

[hannah8686]

hiya

 

it was just the CCA ones for now.

 

i would take them to court but cant afford it, so i will be writting to them evry week from now on, lol

[hannah8686]

Just rec'd a rather odd letter from link financial

 

it states that im confuse and

 

Section 77 - 78 of consumer credit act do not apply tomy account as the account is terminated

 

section 7 - please pay £5 for this info

 

 

to rec a copy of your agreement - please pay fee of £5

 

 

i have just taken the main points of the letter but i think the company has gone mad, all i wanted was default removal lol

 

so i will be re-writting to them again

 

will this never end??

[hannah8686]

I really need some help as i seem to be getting myself more confused.

 

I rec'd the reply previously posted and re-read the letter they sent me again.

 

Basiclly Link (they are DCA) have said they dont have to supply me with a default notice of credit agreement.

 

My point is, the account was with barclays, i didnt even know the debt had been sold on (it was settled in full in 2004)

 

I never signed an agreement with Link so therefore they dont have my permission to give my info to thrid party's e.g Experian.

 

So i have sent another letter now giveng them 14 days to remove default and details of link from my record due to the fact that barclays originally logged default, they dont have my permission to process in first place, cant have two defaults for same debt etc.

 

Also stated that i will sue them for default removal and compensation etc if they dont comply in 14 days.

 

do you think i have done the correctthing??

 

 

 

Have not heard from T-mobile, Next, Ace or Three yet so will update on them in turn, i feel like i need 5 seperate threads, lol

 

 

Also just bought my credit score on Experian (what a waste of money) 234 - very poor, what a joke lol

 

i am wanting to buy a new house over the next few months due to my family ever expanding and my mortgage advisor has already said that the defaults will create a problem ............

[Number6]

hiya

 

it was just the CCA ones for now.

 

i would take them to court but cant afford it, so i will be writting to them evry week from now on, lol

 

Hi Hannah

 

Are you on any Benefits? Working Tax Credit?

 

There are various exemptions and remissions of court fees available, have you looked into whether you're eligible for this?

 

If not you can download the EX160 form HERE, complete it and send it in with your N1. If you're eligible then you pay no fee, if you're not then the court writes to you asking for money in which case if you can't afford it you simply drop it.

 

Worth a Look?

 

Pete

[hannah8686]

i have looked into it when i claimed back my bank charges, apparently i dont qualify as me we only qualify for the childcare element of tax credits, not the working tax credit as our salary is too high,

 

just having a read through i wont have to pay £150 if i claim compensation/expenses so i might be able to take them to court one at a time if its only costing me £30 a pop.

 

i have just typed a letter to t-mobile, as i had a reply from them saying they coouldnt help and reffered me to a specialist department, funny though as same address i used before.

 

so i have typed an LBA and enclosed anothe stat dec thingy to stop them processing.

 

does anyone know, has anyone taken a company to court for getting them to remove default and won with no other charges etc being involved. I have read dayglo's and surleybonds

[Number6]

I don't know of anyone else that has done this hannah, sorry.

 

Pete

[dayglo]

Hello and good evening.

 

well, as you've read my thread - this should come as no suprise.

 

Very few firms will remove a default on the basis of letter writing alone, regardless of whether you go down the CCA documentation route or the 'my permission ended with the contract route' or even the 'here's my S10 notice to cease processing my data route'

 

If I were you, I would send the 'long letter' written by Surly accompanied by the stat S10 & S12 notice (it's in the sticky at the top of this forum)

 

hardly anyone will remove the defaults after this.

 

send a LBA giving them 7 days final notice.

 

now.... this is where I've changed my mind.... use the PoC that Ms. Tinkerbelle has posted in my thread regarding the £200 damages - brings the court fee down.

 

Then you are at the same stage as I am....

 

basic rule of thumb:

 

1) folk regulated by the CCA are likely to remove defaults after issuing court proceedings and not before

 

2) Vodafone are bastards.

 

that is all.

[hannah8686]

I actually sent s10 and s12 anbd surlys really long letter in september, barclaycard removed straight away and the rest ignored,

 

then i got bored as didnt really know what to do as there wasnt as much info.

 

so im sending an LBA to all (2 at a time cause overwise cant afford court)

 

with another s10 s12 giving 14 days to remove

 

the court

 

Sorted,

 

thanks

 

i also have to agree that Vodafone are proper Bastards,

[dayglo]

good luck - keep us informed, If I can help at all I promise that I will (and not just upsticks and disappear for a few months... It's time to light the lights indeed!!!)

[hannah8686]

will do and thanks

 

 

Just gotta make sure i dont get P**sed off with it this time and just carry on, got that bigger house in my sights now, so got know choice, just wish it was easier that claiming back bank charges, stupid really, the banks will pay me back 5k but t-mobile wont remove a default relating to a 70 quid settled bill

 

I actually think these companys are from a different planet, and they all have manuals that Titled, 'How to lose money and P*ss off your customers'

 

Will keep posting anyway, thansk again