Default Removal x 2

[Hobbie]

Hi,

 

I've seen this question raised many many many times on here over the years "How do I get a default removed?" - Well after some hard work I managed to get 2 defaults removed from my credit file this week and working on a third.

 

So it is possible to get defaults removed and not just marked as SETTLED but completely removed. One company even removed the entire account.

 

One of the defaults was on my account since 2009 and the Financial Ombudsman instructed it to be removed in a written judgement back in 2009. (This goes back to the forum post I made back then regarding a vehicle). Finally this week the finance company removed the default and showed the account clear.

 

The second one was for a credit card I had never held. In May of 2013 I spoke with the DCA and asked them for proof, the DCA was unable to supply this information and confirmed "Your details was traced but we made a mistake" - Again default removed.

 

The question I have now is.... because these defaults was on my credit file for all this time incorrectly, do I have any sort of claim against these companies?

[Hobbie]

100 x Views and not a single reply?

[BRIGADIER2JCS]

Hi, you will have to have proof that you have any financial loss due to the derogatory entries being wrongly filed.

e.g. were your rejected for credit at normal rates?

 

You may have a case for redress on the account that FOS adjudicated on if the creditor/DCA failed to immediately remove the entries.

 

For the entry re the credit card the same applies, but you have a stronger case if the account was not yours.

 

You should make formal complaints to the Data Controllers of the companies that were last showing on your CRA reports, this means that the complaint must be fully investigated and a response provided within 56 days.

You will need to provide any documents that support a claim.

The letters should be sent by recorded signed for post, check delivery data.

 

I level of redress must reflect the impact that such entries have had on your credit profile, provable financial loss, stress, embarrassment if rejected for credit, this will of course vary if you had any other adverse entries showing on the files.

An achievable level is between £250- £500 per entry.

[Hobbie]

Spoke with bank today (who Mortgage is with). Asked them straight out about this. The advisor looked into it and said "If those defaults was NOT on your report when the mortgage was taken out then we would of offer your a better rate, but with them showing then we had to use the information available to us"

 

I have this in writing confirmed by the advisor on headed paper and date stamped.

[BRIGADIER2JCS]

It may be worth making a formal complaint to the Data Controllers of the bank and the finance company, the delays in removing the defaults do seem unfair and unreasonable.