Anyone drafted a letter for double defaults by DCA's?

[FH101]

Hi, I know this post is 4 years old but it's the only one I can find with the answer I'm after. Do you have a link or file to the letter before action you wrote for me to pilfer?

 

Cheers

Paul

[FH101]

Hi, first post so sorry if I've fumbled any protocols.

 

I've read another member's (upovereyballs) thread who has successfully removed a DCA default, which was sneakily put on his CRA report even though his original creditors had already defaulted the debt. He did this by drafting a letter before action letter to the MD of the DCA, and reported that two days later the DCA sent a letter informing him they'd remove the default.

 

Unfortunately, the right honorable member didn't offer a draft for me to pilfer and I'm not articulate enough to formulate one myself. I can't for the life of me find a standard letter of action template to play with.

 

A little background; I have successfully fought off County Court claims by both Lowells Portfolio and Hoist Portfolio by defending with an embarrassment for the particulars of claim. The original debts are both statute barred anyway, but I thought it better to defend without admitting any knowledge of the original debts.

 

So now I want to get the sneaky defaults kicked off my credit report and have read it's nigh on impossible to convince either the CRA or the DCA to do this, and the ICO could take over a year to even acknowledge there's an issue. So the LBA seems the way to go. I am fully prepared to back up the threat of court action as I believe my case is solid.

 

Any help with a template? I'd be eternally indebted (I'm well practiced)

Cheers folks

Paul

[citizenB]

When were the defaults first placed on your file ? If 6 years have passed, then they should have dropped off. In which case you should simply write to the company who are updating the default markers and demand they be removed.

 

 

Your letter should be short and sharp and along the lines of..

 

 

Dear Sir/Madam

 

Account references

 

Formal complaint.

 

It is noticed that you are reporting default markers to the credit file of the above named person. As the original marker was first placed on DATE, reporting should now cease (should have ceased on DATE) .

 

Please be aware if they are not removed by DATE (this should be 14 days from the date of your letter), then I will have no hesitation in issuing a claim against you in the County Court without any further notice.

 

Yours faithfully

 

 

 

Do please check the dates to ensure that the first marker was placed 6 years previously.

 

Meanwhile, whilst you are making an attempt to resolve this with the company - you can apparently put a notice of correction on your credit file. It will mean writing to the credit reference agencies - explain that the reporting is incorrect and that the account is statute barred - that you are now taking action against the company and you would like to place a notice of correction on your file. I don't, for sure, know how this is accomplished as I have never had to do it.

[dx100uk]

Yep

Is the org default by the OC 6 yrs old yet?

The DCA's copy of the account should not change the defaulted date by the OC

Dual reporting of the same debt does not harm your file

 

If the OC default is not to 6yrs yet

Then the report is correct

Just because the dca lost in court

Doesn't mean the entry should be removed

Neither does the fact the debt might be sb'd

 

There is no direct relationship between default and SB dates

 

Dx

[dx100uk]

Random posts elsewhere removed

Dx