Removal of default notices on credit record?

[Paintball]

No arm twisting, honest.

 

I used a template that I got off this forum, and hey presto, I recieved a letter from HSBC, stating that 'due to the age of the account, we are unable to provide copy (of) documentation as required. A request has been made today to remove this record from your credit file'.

 

I checked last week and the default has been removed from Experian & Equifax. The debt was for £1300 (roughly) and not made up of charges.

 

God honest truth it took 15 days!

 

If you want a copy of the letter I sent, I will be happy to oblige.

 

Best regards

 

David

 

Hi David

Which template letter are you referring to on the forum? I've had two defaults removed already but other banks take a different attitude and you have to push them harder for removal ...

Cheers, Painty

[Paintball]

AGB

 

Have had a very similar response from Egg and 1st Credit as yourself and I am too at a loss as to where to go next with this.

 

Any ideas from anyone regarding their statments would be appreciated.

 

Thanks

Toddle

 

Having had two defaults removed very quickly by B/card and NatWest on closed accounts, I'm dealing with Capital Bank for default removal on a closed loan account and Capital One late payment marker removal for a closed and settled credit card account. They are both proving tricky so the only thing to do is to go through the courts with them both.

 

With Capital One I have taken the stance that this is a closed a/c and therefore they have no right to continue processing data.

 

Check out this thread in the Data Protection and Default Issues part of the Legalities forum: Defaults - background, removal methods, challenges and taking a claim to Court

 

... there are also other threads here that provide useful advice. You could start your own thread here for ongoing progress

[Paintball]

Hello there this is my first post!

 

I have been trying to remove 2 defaults from my file with not much luck until today maybe.

 

I requested a copy of my original default notice from NatWest loans which is at telford- they replied today saying under the credit act blah blah it is not a requirment blah blah and in the letter they sent it to my address where i was living at the time and they stated the address on this letter but with the wrong post code! maybe i could argue the fact that it never got to me because the address was wrong therfore its there muck up, what do you guys think?

 

Maybe you could get them on this point Cableguy i.e. that the default could not have reached you owing to the incorrect postcode. By law, you have to have received the Default Notice a set number of days before the Default is actually issued - mind a bit fuzzy here (it's Friday!!) - think this is in Consumer Credit Act section on Defaults. You need to check this ... actually, I'll go and do and trawl though myself and see if I can find the relevant section ...

 

[Paintball]

Here it is: http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=1411&d=1193876108

 

Prior to serving the Default Notice, the creditor must comply with the following:

 

2 Parties to agreement

(2) The name and a postal address of the debtor or hirer. in other words, the your name and postal address which you say was incorrect ...

 

4 Action intended to be taken by creditor or owner

© the date, being a date not less than seven days after the giving of the notice, on or after which he intends to take such action. But because of the incorrect address, you never received the Notice ...

Got 'em?

[Paintball]

If I have asked for a CCA and have not been sent one can i then ask for a default to be removed or have i got my info wrong

 

There's no obligation for them (whoever they are) to provide you with a copy of your CCA on a closed a/c. However, if the a/c is still active, then you have a right to receive a true copy of the original credit agreement. I suppose if you have requested it formally and it has not been provided then you can send a SAR and get all info including the CCA.

[Paintball]

If I have asked for a CCA and have not been sent one can i then ask for a default to be removed or have i got my info wrong

 

Martin, check out this sub-forum if you want to create your own thread on getting rid of a default including CCA issues: Data Protection and Default Issues

Painty

[Paintball]

Hi All

 

Firstly, good luck to all of you. These legalised thieves need people like you all to bring them down a peg or two!!!

 

Egg entered a default against me last year. The first I knew of this, was receiving a letter from a debt management company mailshotting me regarding my "recent default notice". I then started to get calls from a debt collection agency demanding the money. I agreed to pay the amount over 3 months. The original debt was about £7500 and I agreed to pay about £5500.

 

After investigating this, I can quite categorically say that I have never received any correspondence from Egg regarding this matter. FOR GOD'S SAKE, THE ACCOUNT WAS ONLY A FEW PAYMENTS IN ARREARS TO THE TUNE OF ABOUT £300. No way would I have allowed this to happen for such a small sum.

 

I called Egg to discuss this but they are not for budging. As far as they are concerned the computer says that the letter has been sent and that this is sufficient evidence even in the eyes of the court. (I sense there is a Little Britain joke in there somewhere). However, I own a Direct Mail firm sending out millions of items every year on behalf of my customers and I know full well that lots of mail goes missing. Surely there should be a law that defaults and the like should be sent by recorded post??

 

Anyway, enough of my ramblings. The question I have is what to do next. I have read so many threads and I am a little dizzy trying to take it all in. There seems to be so many different ways all of the different lenders deal with these things.

 

Thanks in advance for your input.

 

Hi CPBoss

How flipping annoying for you! There is an argument that we should never talk to them just correspond by letter. Perhaps now is the time to request in writing a true signed copy of the Notice which you are entitled to on an active a/c. Quote the CCA 1974 and remind them that they will be breaching your legal right in NOT providing it. Simply telling you over the phone is insufficient.

Check out this thread too for more stuff: Data Protection and Default Issues