default removal negotiation

[rh999]

hi All

 

Hope I can get some advice please. There is a default on my credit file at present. This is for a credit card where the lender sold the debt to Lowells.

 

As I am in a position to pay the balance on the debt, I thought I would see of they would move and remove the default in return for me clearing the debt. i was told that it is not lawful to remove the default just like that, and also as they did not place the default in the first place they are not allowed to remove it...

 

1. default date on credit file does not match default notice date? does this matter?

2. can they remove it if they choose to? or are trhey correct and the lender has to? is there any legislation i can quote?

 

thanks in advance

[BRIGADIER2JCS]

The default NOTICE is not a DEFAULT just a notice of intention to default an account is the account is not brought back into 'normal operation' e.g. arrears paid of, if this does not happen the default will be placed sometime after the default notice expires.

 

If Lowell has bought the debt then they are the data controller of the account and report to and update the files.

[rh999]

thanks for the answer brigadier.

 

but with regards to choice of removing the default - there is no legislation that stops them from removing if need be?

 

they could remove out of good faith if they wanted to?

[silverfox1961]

Hi

Usaul bovine excrement from the Leeds Losers. They could remove the default as they are the data controller but they would rather put needles in their eyeballs than give you the opportunity to rebuild your credit history.

 

Have you reclaimed any charges on this account at all? Have you CCA'd Lowell?

 

Either way, I would be saying, "OK I can clear the balance so long as you remove the default OR I will pay £1 per month which costs you more to administer than it does to collect it."

[BRIGADIER2JCS]

thanks for the answer brigadier.

 

but with regards to choice of removing the default - there is no legislation that stops them from removing if need be?

 

they could remove out of good faith if they wanted to?

They will quote that the data is a true picture of the conduct of the account, is accurate and up to date,

and is to be reported as such for a full 6 years from the default date, if a creditor takes the standard approach there is nothing to compel them to remove the entry.

 

Occasional if a case is put to them a they may make a 'gesture of goodwill.

 

The usual reason (s) for getting a default removed are 'unfairness' 'inappropriately place or late placed'

 

There is no guarantee of success.

[rh999]

thanks both

 

i said that to them today.

 

i stated that if they agreed to remove the deafult I would pay.

 

he said no so i said i will pay them £1 per month as there is no advantage to me paying out.

 

he then tried to get me to go through income/expenditure. i told him to swing.

 

point I am trying to get to is what legislation states they do not have keep the default on if any?

[BRIGADIER2JCS]

The point here is not legislation, the Credit Reference Agencies manage data for credit providers and service providers.

 

The data is protected by the Data Protection Act 1998 and they agencies are licenced, to carry their authorised functions.

 

The Acts provide for these functions and they are carried out accordingly.

 

If a credit account is defaulted for what ever reason it is reported on the individuals credit reference files for 6 years in line with the limitations periods set out in the Limitations Act 1980.

 

ALL defaulted accounts are removed from CRA files after 6 years paid or not, to prevent any disadvantage to a debtor who pays their debts as opposed to one who does not.

 

If you believe a default entry is unfair/inappropriate having exhausted the creditors complaints procedure without remedy the ICO is the arbiter and regulator for data control matters, so you should lodge a written complaint with them.