Trying to get a Default Removed

[gareth19822002]

Hi All,

 

I'm trying to get some historic defaults removed that are listed on my credit report.

 

There are 3 in total all from around 3 years ago.

 

All 3 accounts are now paid up etc and the defaults have been listed as satisfied.

 

Now I no I shouldn't have got them etc etc so I don't need people posting to tell me It's your own fault blah blah blah. I know that.

 

I have tried with no sucess to send them the letter that seems to be knocking around in most forums

that requests that they must provide you with a true signed copy of the default notice (Of which I have never received one!)

About the only thing that actually has gone right.

 

The main content of this letter is below.

 

Most people are probably familiar with it.

 

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 £1.00 cheque.

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

Now all bar one of these companies have written back to me and said they are not obliged to provide a copy of the documents

I have requested because the account is paid in full etc.Is this right?

 

And are there any other angles that anyone has tried?

 

Thanks Gareth

Edited April 4, 2013 by gareth19822002

[dx100uk]

who are the defaults from

what type of debts?

 

any PENALT charges in the balance of the default at the time it was registered?

 

dx

[gareth19822002]

The Defaults were from...

Natwest

 

Tesco's

 

Capital One

 

They were all credit cards.

 

I don't know 100% whether there where any penalty charges on the accounts at the time of the Defaults but I'd think there was!

 

Had a lot of debt and got into a mess

so if they were free from charges when they were defaulted I would be suprised!

 

lol.

[dx100uk]

if you can PROVE

the DN's balance contained charges

it is invalid

 

get all the statements via SAR

 

do some reclaiming.

 

if they cough

the defaults must go.

 

if/if not they can provide a copy of the DN

is sadly irrelevant.

 

dx

[gareth19822002]

Thanks very much for the responses and the help. I will give it a go. Got nothing to lose but everything to gain. :-)Thanks again.

[clint1974]

Any news on this?

[gareth19822002]

From constantly badgering the companies Tesco's decided to remove their default that was registered without too much prompting!! I haven't got around to pestering the other 2 as much yet. I have done both of the SAR letters but just need to send them off.

 

Capital one are the stubborn ones. They keep digging their heels in and saying no it is correct without producing any real documentation but they can do that for now. I think Nat West realise they are wrong but everytime I query the one with them they reply and tell me to ring them to discuss it, when I ring them they won't speak to me as the account has been closed!! Painful circle.

 

Will get around to it at some point!

[BRIGADIER2JCS]

Capone are B awkward, avoid their 'customer (dis) service department if challenging defaults write directly to the Data Controller.

[gareth19822002]

Ok that's fine. I have ups and downs of going for it and trying to get things removed. Just need to get around to it again.

 

I have had loads removed from my credit history though just by constant badgering! And I think they get so confused in the end they remove it. Like I had 3 late payments registered with an RCI Finance loan for a car I had years ago. I kept contesting it and sending them emails and it has now vanished from all my credit reports.

 

Any record of it having ever existed vanished about a year or 2 ago! Annoy them enough and they give in. I even said to one place I would send them a letter everyday if they didn't produce a default notice! lol. Might be a thought to try again!