Help Challenging Defaults on Credit File

[mebuck]

Hi Everyone,

 

I'm looking for some help/support on getting a couple of defaults challenged on my credit file.

 

 

In short, 3 years ago I lost my job, got behind with a few bills and didn't realise at the time

- but got stuck with a couple default notices.

 

 

The debts have long been paid off in full and now 3 years on my income is good,

my job is stable and I want to move up the property ladder.

However, my credit report is stopping me from getting a mortgage, which is obviously frustrating.

 

I wrote to Capital One essentially telling them I was surprised at discovering the default on my file

and asking them to furnish me with all the details...

a true and signed copy etc. under s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit).

 

 

However, to my surprise, they wrote back saying they were under no obligation to provide me with anything

because the above act only covers open/current debt or accounts

and as everything had been settled in my case and there was a nil balance,

I wasn't entitled to any information.

 

My thoughts are that I should now call their bluff and insist they provide me with the information I'm entitled too

(presumably now under The Data Protection act)?

 

 

Essentially, I want to challenge them on their paperwork

as I don't think this default notice was ever sent to me

and therefore the entry on my credit record is unsubstantiated.

 

Does anyone have any experience of any companies refusing to provide information on the default

because the debt has been paid off?

 

Sorry if this is posted in the wrong section (not sure?) Any help much appreciated.

[martin2006]

You say you got stuck with a couple of default notices in para 1 and then go on to say you dont recall ever receiving default notices?

 

Either way is not that important to be fair as the outcome will remain the same. You have paid off these debts now and thats a good thing. The bad news is that in paying them off you have acknowledged that you in fact owed them and as such, due to the fact you fell behind after losing your job, the reporting to the CRA's appears to be correct and will stay on your file for six years.

 

It is extremely difficult getting defaults removed at the best of times but if the scenario is as you have described then i think your chances of getting them removed are nil until they drop off on their 6th anniversary

[dx100uk]

not sure what other sites you might be reading

but theres no point in a CCA request even if the account was still open

that wont get a default removed.

 

and even if they don't hold an enforceable CCA its no default removal reason either

the account is paid now, they are correct, no agreement exists anymore.

 

as for the default notice...

again sadly, they don't have to hold a copy either

 

the only record that 'someone' that defaults you

via a DN must provide when asked

is evidence that a default notice was sent.

i'e a record in the comms/account log.

 

not a lot you can do if you did sadly fail to pay your creditors.

 

the only method that sometimes works

is a polite letter very briefly explaining your current issue

with attaining a mortgage with a default showing.

sometimes they do remove them as a guesture of goodwill.

 

but as you've already fired bullets at them that sadly had no real chance

of success other than to annoy them

as they know you've gotten duff info from some internet site

you might have already blown the GOGW idea out the window

 

dx

[mebuck]

Hi,

 

OK - thanks for the replies. I'll see if they'll do a gesture of good will and remove them. Just frustrating to wait 3 years!

 

Has anybody had any luck simply offering them an "adjusted settlement fee" to remove the default? I.E. offering them money on account?

[dx100uk]

are the debts listed as defaulted still with the original creditors?

[mebuck]

Hi - thanks for the reply.

 

 

One of them is the original creditor,

the other one is with the original creditor

and a follow-on one from a collection agency which it was sold on to.

 

 

So 2 debts, but 3 defaults!

[dx100uk]

right so one debt has been sold on.

the DCA default date should be the same as the OC entry...is it?

 

 

and all the defaulted dates are?

[mebuck]

Hi,

 

Thanks for your reply and sorry for the delay.

 

Capital One, 1 default from OC is 24/01/2013.

Halifax, 1 default from OC is 08/03/2013, debt sent to the DCA Cabot and a further default registered by Cabot on 08/03/2013. So the same.

 

Both are satisfied and the account has long been closed. If I would have known at the time, I'd have tried to barter with them, requesting they remove the default if I paid it off in a lump sum or something.

 

I guess there's not alot I can do apart from request good will and if that doesn't work offer them money? I know that sounds nieve, but I've got nothing to lose at this stage really.

[dx100uk]

if you get the oc's to remove their defaults

as a GOGW in a pleading letter

 

 

then simply write to cabot

with a copy from cap1

stating they should do the same

[mebuck]

OK thanks, - will give it a go and let you know how I get on!