Removal of default notices on credit record?

[katscash]

Patsy, do you have charges to claim back on your Capital One account. If you do, apply for default removal at the same time, they seem to be regularly removing default notices now when they are attached to a claim for charges.

hi there have put this on my bank charge letters given me a cheque but won't remove default:rolleyes:so carrying on with court now is that OK as i originally asked for removal of default?

[cresswell80]

just going back to this:

 

 

A default notice was issued to you on 13 april 2004. default notices are produced by our computer system and we do not retain copies of them.

 

We are not legally obligated to retain a copy of the default notice and are only required to retain a record of it in our files.

 

 

can anyone clarify whether this is correct or not?

[doo]

katscash, have you issued N1 yet?

[TUTTSI]

Hi guys,This is my first time posting and i saw this post and i need your guys help!!! I tryed your first letter and todayi got this response;

 

I regret that i am unable to provide you with a copy of thre original application in respect of the account

 

However, we are not legally obligated to do so. We are only required to provide a copy of the terms which were in effec t of the account being opened and the current terms. Copies of both these documents are enclosed.

 

Copies of your statements at the time of default are being sent to you under seperate cover and you should recieve these shoretly.

 

The £1 fee with your letter has been returned to your account.

 

A default notice was issued to you on 13 april 2004. default notices are produced by our computer system and we do not retain copies of them.

 

We are not legally obligated to retain a copy of the default notice and are only required to retain a record of it in our files.

 

It is a legal presumption that a letter properly addressed to the last know address on file is recieved in due course and this will apply to your default notice.

 

the debt was not sold on and no deed of assignment was issued.

 

 

 

What am i ment to do now? Help please!!

 

Oh and good luck everyone with all your claiming back!

Voo, my hubby had this standard type letter from HSBC Card account as he has had a default issued against him and he never received a default notice. They say that they do not keep copies on record and they say they do not have a true copy of the original Credit Agreement.

 

I would also like to know what redress my hubby has against them, as I believe without the Credit Agreement they should not have defaulted him.

This account is fully paid up now and at no time was he aware that they had defaulted him or that they had issued a default notice.

 

So any one with more knowledge please let us know what we can do. Short of complaining to all and sundry who we all know are not any help whatsoever.

 

DS

[katscash]

katscash, have you issued N1 yet?

hi doo:) used mcol had acknowledged then sent my cheque,but refuse to remove default phoned court to carry on with claim through courts as the have not given me full settlement, sent 2 letters so far last one saying "as i explained before in my last letter the default is correct and we won,t be removing it.Your account defaulted because you fell behind with payments .We explained this in your credit card agreement which you read and signed before we opened your account.

Financial regulations require me to advise you that is the final responce in relation to this matter" etc goes on to say i can contact fos what can i do about this shall i carry on with court or just be pleased with my cash refund:confused: thanks

[doo]

Have you cashed the cheque? and do they owe you any more money? Both O/H and I got our defaults removed and I even managed to get the late markers removed. I would just carry on with court action, Botsy on cap one forum asked for default removal and they refused like they have with you, yesterday he posted to say they have now removed default - 2 weeks before his case was going to court.

[katscash]

hi doo;) yes i cashed cheque:) i will carry on with court shall i send another letter? can i quote anything?i will look at other threads thanks:p

[doo]

Hi katscash, ok well if you have cashed the cheque we can't go down the road of sending it back. If it were me I would send another letter. Have you looked at Smel and Tanzarelli's threads in the Capital One forum, they would be extremely helpful to you, Tanz has some great letters posted up there which I am sure would be of use to you.

[doo]

http://www.consumeractiongroup.co.uk/forum/capital-one/51318-tanzarelli-cap-one-default.html

[katscash]

Thanks Doo Your Ace;)

[AGB]

I sent off the default removal template letter too, to NatWest credit cards - they refused point blank...

 

“As you are aware the account was fully repaid on the XXXXXXXX and therefore, there is no active agreement between us with regards to the above account. The Consumer Credit Act is for active agreements only and therefore we are under no obligation to provide you with the requested documents as your obligations to us under the agreement has ended. There is no legal requirement for us to provide you with a ‘signed and certified copy of the default notice’.”

Is what they say true??? It sounds a bit dubious. Anybody help me?

[AGB]

Reading through earlier parts of this thread, I didn't quite follow what to do if the account was closed and they decline to send a copy of the default. Can anyone help me, please?

[flam147]

AGB what about sending a full access request under the data protection act 1998 it will cost £10 but they will have to send you all data, notes etc that they have on file for you

[AGB]

Yes...yes, that should do it, shouldn't it? And...presumably, if the notes do not include the default notice, I can then demand the default removal. Yes, good idea - I will let you know how I get on...

[jontah 2006]

my son got the default notice removed as well as writing off £2025 from his visa card; thanks to CAG, by LTSB when we went to the mercantile court.

insist on it.

[AGB]

Thanks for your support. Since they wouldn't send me a copy of alleged default notices, I have now sent a data protectaction act request, so now they will have to send me EVERYTHING they have, not just alleged default notices...and...if they are NOT in the bundle, then I will at that point insist in no uncertain terms!

 

Thanks again.

[Guest Botsy]

Capital One inform me that the default placed on my credit file in May 06 was removed in April 07 and they omitted to contact me.

 

Checked my report on the 11th August and the status is 9 - Can anyone tell me what this means as I have tried since Saturday to get through to Experian to no avail.

 

I have contacted Capital One this morning and they have not got back to me as yet, they returned my charges by the way on the 6th August, this all happened two weeks before my court date of tomorrow. I don't want to cancel the claim until I am sure.

 

Thanks

Botsy

[doo]

Hi Botsy, the status left on your account is still very damaging, I managed to get my late markers removed so keep at them, especially if you asked for negative info to be removed in your POC. Without incurring their charges you may well not have been so behind with payments so there is a link there. I would have thought that the number 9 is the number of months you were behind with payments but could be wrong.

[Guest Botsy]

Thanks for the reply Doo, apparently the '9' is the number of times I was late making a payment. You're probably right about the status info being damaging though. I will keep on at them.

 

Cheers.

[patch666]

Hi guys,

 

I have written on this site only a few times regarding getting a default removed from my credit file, I did the usual CCA thing, no reply to this day from my original CCA request on 1st June 2007, sent Arrow Global/CBS transcom follow up letters, and got the usual reply(NOTHING!!).

Got a snot-o-gram from their sloicitors "COPES" incidentally registered at the same address around mid june, and then nothing. When I sent them an S10 or S12 letter they came back and said I had 7 days to repay the outstanding balance or they were going to take me to court. I then sent the Sloicitors a reminder that I had asked for a copy of my agreement from their client, and as they had defaulted on my correctly formatted request they could go and whistle:p .

 

Checked my credit file on wednesday and its DISAPPEARED . No mention of any outstanding balance, nil amount owing, no infomation about the debt, absolutely Zippo.

 

dont know whats happened, but its all through CAG, the only thing that is worrying me is that they have sold the debt to some bogger else and I'll have to go through it all again.

 

Any suggestion what to do next.

 

patch6666

[Syd83]

I have sent the 1st template to Natwest Credit Cards & Vodafone.

 

Natwest signed for theirs on the 6th August 07 - Vodafone still havent had theirs yet.

 

What is the time scale and is there a letter that I can throw at them to hurry them up??

 

Thanks

[AGB]

Ok...so NW refused to furnish me with copy of alleged defaults on two old credit card accounts, saying they didn't have to.

 

I then sent a full S.A.R - (Subject Access Request) which should include such defaults if they exist. The bundle has arrived, statements, letters etc but nothing whatsoever relating to defaults, nothing, nothing, nothing.

 

They say again they do not have to provide the information. Here is the text of their latest reply.

 

"The Consumer Credit Act 1974 makes express provision (section 176) that a notice if sent by post to your proper address is properly served. If, as you claim, the notices failed to be delivered to you, does not invalidate our actions in dealing with your breaking the agreement

by not making the required payments. These actions included notification to the Credit Reference Agencies.

 

As previously advised, there is no legal requirement for us to provide you with a ‘signed true and certified copy of the original default notice’. The letters would have been computer-generated and original copies would not therefore be retained.

 

The default notified to the Credit Reference Agencies will remain on your credit file for a period of six-years from the original date of registration. After checking your file with the Credit Reference Agencies I can confirm that your accounts are marked as Satisfied. The satisfaction on the account confirms to any lender that there are no longer any monies outstanding.

 

If you have an issue about the Credit Reference Agencies continuing to show your past ‘bad' history in relation to the terminated contract with us you should raise the matter with them and/or the Information Commissioner.

 

Mr ... I am sorry that you were disappointed with our previous letter of the 30th July and I trust the above clarifies matters for you.

 

Yours Sincerely,

Mrs M Carpenter

Regulatory Risk

 

Surely, I have found the defaults on my accounts made by them and I request proof of their validity. Since they hold no information about them (nothing is in the SAR at all about defaults - no letters, no notices, no warnings, nothing) then I want them removed.

 

What is my next step anyone?

[nocredit]

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,

I'm new here so please excuse my ignorance...

I have 1 default on my credit file for £650. This is mostly (about £500) from goods recieved (next directory) so I gather I can't get it removed on the grounds that the default is due to charges.

I defaulted in early 2005 when I moved house and I didn't recieve anything from them at my new address. Now I have separated from my partner I need to get my credit file clean so that I can get a car loan at a reasonable rate instead of the disgusting 39.5% apr. I was told to get (no chance- I'd rather walk the 15 miles to work!) but I'm not sure what to do for the best.

Was going to offer to discuss payment with the creditors ONLY if they first provided me with a written statement agreeing to remove default immediatly upon reciept of payment.

However now I read that you managed to get yours removed (well done!) but did you settle this in full first?

Sorry if this seems like stupid question but would appreciate other's input/ advice

Thanks

Cat

[pete9858]

this is my first post.great forum with the info i think i need.ive a default with the rbos sinse 2004 with satisfied at the end of it but i dont know the bank acc or sort code numbers as it was closed.could i still get rid of this dreaded default.ive only just noticed it but allways wondered why i couldnt get credit when before i could

[toddle2u]

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