Removal of default notices on credit record?

[Shutsumon]

Well I've got 3 default notices (one of which is settled) on my credit record, all of which are completely my fault.

 

But for great weirdness the biggest one is on a loan I defaulted in 2001 but the default date is showing as 2004. This hardly matters because I'm making payments so the count keeps resetting on it but that brings me so close to rant mode it's not funny...

 

If I CCA'd the DCA in question and as is highly likely after 7 years no agreement was forthcoming I could stop making payments, refuse to acknowledge the debt and sit out the six years. It's already showing as a default, so it can't actually make things worse since the fact I'm making payments doesn't help. In 2014 it would disappear completely. Correct me if I'm misunderstanding but as I understand it if I keep making my payments it'll be paid in about 2013 and the default would then stick around for another six years after that.

 

How does this encourage people to pay their debts once they run into trouble? People do have a moral obligation to pay what they owe if they can, but they shouldn't be punished for doing it...

 

Becky

[too strong]

Can anyone answer this;

 

if an account is defaulted but the default amount is incorrect can the said default be removed for being inaccurate.

[fergal71]

tried everything to remove settled default does anyone have link or copy of particulars of claim as I am ready to allow court to remove as company wont.....

[fruit_loop]

Hi guys, im new to this site and was wondering if i could get some advice. I had 2 store cards and one credit card when i opened the accounts back in 2004 i was keeping up with repayments easily initially, but then started to fall behind with payments. I settled the 3 accounts in full in 2006, i have several defaults on my credit file due to missed payments. I have never recieved letters saying that i wasgoinbg to be defaulted but was recieving my monthly statements informing me that i had missed payments, with late fees bundled on top. Two of the cards were with GE money and the other was with capital one, i have also this fternoon just updated my credit file with all 3 credit agencies and have discovered that i have 7 defaults from an old catalogue account that was settled in 2006 from a company called "INTERNATIONAL COLLECTIONS GROUP". So was wondering Is it worth me contacting the said companies and asking that now i have settled in full could they remove the defaults?

 

Any suggestions will be greatly appreciated.

 

Thank you

[fergal71]

firstly I would sar subject access request all companies and check out charges... you may be eligible for refund and if they do not send details of cca and or true default then you can ask for them to be removed and even claim damages for not following strict guidelines in cca..

[fruit_loop]

Hi Fergal, thanks for replying, how do i go about obtaining or sending a S.A.R and what is it? Sorry for sounding dim but i am!!!!

 

Many thanks.

[gaz2006]

Can someone advise me please problem with a bank wont name them but basically they charged me over £4000 in bank charges in 3 months ie snowball effect . I took them to court in two stages as debt went to collections and I didnt know where I was for a time they employed debt collectors had people visiting for my cheque card etc phone calls letters I was inuandated they defaulted me for £3600 on my account as you see charges were over £4000 and then defaulted me on my loan for £14000 as i couldnt pay that as I was £3600 in debt . Anyway I claimed for refund of charges removal of defaults and damage to my reputation etc they paid up on charges but refused to move default or pay anything else and this part of claim is stayed at present . However I cant get cheque card anywhere cant get new bank account turned down even by high charging credit card companies and even was turned down in jobs in financial sector where i work because of the credit history some of which cased by the defaults etc . I also cant move my mortgage to a lower rate and with credit crunch in a worse situation now .

I now have a letter demanding £17000 in 7 days what a laugh my view is

firstly there is a court case outstanding on some of these issues which is stayed so surely they should wait till thats finished

Secondly I was claiming £1000 for damage to reputation and illegal defaults I think I should amend at court the claim if I can for more i believe damages should be amount of "illegal default " which would be £3600 for the one default " plus £1000 and £14000 plus £1000 for the other as in my view they only defaulted me on loan because they defaulted me on current account and i couldnt make £4200 payment into my current account plus loan repayments as it would just get swallowed up . I used up the £4000 they paid me didnt put into account which was £3600 as they had defaulted me on loan etc

Opinions please advice help etc as to what to do ideal situation is if possible write debt off ha ha second is them to pay me for the hassle stress they gave me third is to reschedule debt as if Im in same position before defaults etc let me know what everyone thinks thanks regards Gaz

[fergal71]

fruit loop it is asking for all data they old on you including statements of account , consumer credit agreement. you will find letter in templates on front page...

[69jordan69]

Hi, i used the same letter and sent it to tesco and hfc and have had 2 replies both fobbing me off and also saying that by law they do not have to supply me with a signed copy of the default notice, they just sent me a copy of the kind of letter they send to their customers. Is it the law for them to send this documentation? if so i shall write back giving them what for this was dating back to 2005 and would be great to get them removed to obtain a better mortgage deal.

 

any advice appreciated many thanks:)

[poochball]

I got a default removed from Barclays.

 

I noticed on my Equifax report that they had the account as defaulted in 2006. Even though I know the account was defaulted in 2003 and had the very paperwork in front of me to support this.

 

I used the online dispute service and let Equifax take care of it or so I thought.

 

Anyway, I get a message saying that the default has been amended to the correct date of 2003 or at least that was what I thought.

 

To my horror they had updated it and changed the default date to 2007! Useless.

 

So I phoned Barclaycard and asked to speak to their data controller. I was told that he/she couldn't speak at that time. I asked for a phone call that same day because I was quite angry that Barclaycard had been so reckless with regards to data they held and processed about me. I was told that they couldn't guarantee I would get a call back. I said I can guarantee you will get a letter if I don't get a call.

 

Suprisingly nobody called me. So I sent a letter. I couldn't help but copy the title of their default notice "IMPORTANT – YOU SHOULD READ THIS CAREFULLY". I thought this was a nice touch. I asked for the data to be corrected or removed.

 

Barclays wrote me a letter a week later advising that they had removed the default. I checked my credit file and could see that this was the case.

 

I was quite pleased with the outcome as I only expected for the data to be amended to the correct date.

[lil old me]

Hi guys. Ive just signed up to this forum and have a major headache reading through all the threads, some I understand, some I dont.

 

Basically I took out a credit card with Mint (The Royal Bank of Scotland) August 2004, and further credit over the years. All was well until I went through financial difficulites some time in November 2006 and attempted to get a consolidation loan but was refused left right and centre because I was nearing my credit limit on everything, plus my salary wasnt great to extend my credit further. I was contacted by Allclear Finance - a debt management company (I assume my details were sold on for marketing) and they offered me a debt management programme. I accepted and each creditor accepted my lesser payment. EXCEPT on looking at my credit file, Mint has issued a Default Notice against me (on 08/06/07 for £786). What confuses me most is that my credit history with my other creditors is like clock work, no missed payments. I have not yet fully paid this account with Mint but have a payment arrangement set up previously arranged via Allclear Finance (current balance £641)

 

I have recently sent a letter to Mint asking that the send me a copy of the original default notice and that if they cannot provide a true original copy that they remove it from my files. They have chosen to ignore this letter so I am about to write another, enclosing a copy of the previous letter.

 

What I wants to know is...has anyone been successful with Mint removing a default notice? What is the next course of action should they decide to ignore my 2nd letter or do not comply with my requests?

 

Ive noticed some people mention SARNS and other letters basing their complaint on the fact that their original agreement had expired so can they remove the default..what do these mean?

 

Thanks in advance

[jcairney10]

Here a link that could help you Remove Default Notices on a Credit File - We show you how scroll down the page x

[lil old me]

Hi jcairney10 - thanks for your reply. The letter I sent which has now expired is from that same link you gave me..the buggers have ignored it! Do you know much about SARNS? Thanks again.

[jcairney10]

I would send it again, and state at the bottom that it is their duty to comply with your requests under the law. Mind keep all correspondance with them, Just do as the link says if they ignore it again, state that in your next letter. Good luck ive not treid this yet but ive read lots of post by people who have and been successfull. I must get my finger out and do my one i just keep forgetting to get the postal order. Good luck with it and let me know how you get on. Joanne x

[lil old me]

Yeah of course I'll keep you updated. Just so you know though, you dont have to send a postal order...a cheque does just fine if you have cheque book. Good luck to you!

[laando]

Hi guys,

 

This is my first time posting and i saw this post and i need your help!!! I tried your first letter and today I got this response;

 

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

 

Section 78 (1) of the Consumer Credit Act 1974 requires us to provide a copy of the executed agreement if any. Regulation 3(2) of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 allows that certain items may be omitted from such copies, including the signature box and signature.

 

Therefore, the copy of the executed agreement we must supply is a copy but need not be a photocopy of the signed agreement. Regulation 7 of those regulations also requires us to provide a copy of the executed agreement, as varied, where there is a power to vary the terms of the agreement, which there is with your card agreement and that power has been exercised to vary the agreement, which again is the case with your agreement.

 

We have therefore, enclose an up to date copy of the terms and conditions applicable to your account, a copy of the latest variation notice issued in respect of your account and a blank copy of the agreement form.

 

The agreement form contains the original terms and conditions that you accepted when you entered into the agreement. Clause 6.1 gives the right to vary the terms and conditions. The variation notice shows that the terms have been varied and therefore in accordance with this legislation the up to date terms and conditions are the appropriate information to produce.

 

Copies of your statements at the time of default are being sent to you under separate cover and you should receive these shortly.

 

A default notice was issued to you on 4 November 2003. 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 known address on file is received in due course and this will apply to your default notice

 

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

 

Should you require any further information or assistance please telephone one of our representatives.........during office hours.

 

What am I meant to do now? Help please!!

Any draft letter if you could provide....?

Edited August 21, 2008 by laando

[Chalkitup]

Hello laando,

 

Welcome to CAG.

 

Firstly .... best if you start a new thread and copy your post above to it....then you will get all the help you need.

 

I am a bit pressed for time tonight but the letter you have been sent is typical nonsense..... they have twisted the truth to suit their needs.

 

However I like their first sentence "I regret that I am unable to provide you with a copy of the original application in respect of the account".

If they mean agreement then game over ... they can not supply!!

 

OH by the way.............. DO NOT PHONE THEM .... EVERYTHING IN WRITING FROM NOW.

 

Onwards and Upwards

 

Chalkitup

[artis]

Hi, everyone

 

I am having problems with capital one, they placed a default notice on my credit file without any prior warning. The letter they did send stated I have defaulted on my account and it has been passed onto solicitors and I must wait until they contact me to make payment arrangements which I have been paying for the past 4 months. I sent them a letter similar to the one posted one this forum and the response I got was that under the same section 78 they are not required to provide a copy of the default notice and statement of default. Is this true or am I just being fobbed off?

Edited November 12, 2008 by artis
wrong info on previous post

[bergebabe]

I know this is quite an old thread but i have been reading through in interest.

 

I sent the first letter found here (which has been used effectively by others on the site) - Remove Default Notices on a Credit File - We show you how | LearnMoney.co.uk to try to get a default removed.

 

Egg ignored this so i sent this follow up letter -

 

"I wrote to you on the 11th December 2008 asking for some relevant information. I enclose a copy of the letter which was sent via recorded delivery with a £1 postal order enclosed.

I have received no response from you.

As 28 days has now passed from the date of the letter you are now in breach of your duties under Section 78 of the Consumer Credit Act. If you do not answer my original questions and reply within 7 days I will have no choice but to escalate the matter to the relevant authorities including the Banking Ombudsman, Office of Fair Trading and the Information Commissioner's Office."

 

yet again no response! now im at a loss as to what to do next! the website above only gives letter templates for when they actually respond to you not if they ignore you completely. i assume i should carry out my threats but not sure which organisation is most likely to be able to help with my complaint...

 

i also sent it to BOS who sent me a letter back asking me to supply the customers credit card number (was not a credit card debt & i am clearly the customer) - how thick are they!?!?!?

[deefault]

Hello laando,

 

Welcome to CAG.

 

Firstly .... best if you start a new thread and copy your post above to it....then you will get all the help you need.

 

I am a bit pressed for time tonight but the letter you have been sent is typical nonsense..... they have twisted the truth to suit their needs.

 

However I like their first sentence "I regret that I am unable to provide you with a copy of the original application in respect of the account".

If they mean agreement then game over ... they can not supply!!

 

OH by the way.............. DO NOT PHONE THEM .... EVERYTHING IN WRITING FROM NOW.

 

Onwards and Upwards

 

Chalkitup

 

I recieved the same thing from Sainsbury's, a "reconstituted" copy of a credit card agreement, no signatures and an assertion that they are not by law required to privde me with the original credit agreement or the original default notice.... help?!

[Jules55]

is it correct you can't get a default removed after a full & final settlement has been agreed, only before whilst the debt is still owing ie negotiating with the lender on the basis that you never received the default notice but you are willing to settle for a reduced sum but only if the account is cleared of the default and marked settled/satisfied?

 

I heard something about the fact the lenders are not oblidged to provide you a copy of your CCA if you already done a full & final settlement with them?

[Jules55]

any comments/views on my last post?

[Otis68]

Posted this on the Vodaphone link but would be grateful for any advice

 

I have had the same problem for the last five years. The orginal dispute was that my phone was stolen which I cancelled immediatley and I moved house. I contacted vodaphone by telephone on numerous occasions to request a new detailed statement to be sent to my new address but to no avail. Then I received a default notice from Westcot three months later(i think they were called) and promptly paid the outstanding amount.

 

A while later I found out I had a default recorded against me although it shows as satified.

 

I tried the letter on removal of a default notice but was told in so many words "we do not have to supply you this information and although you did contact us by letter and telephone we are not looking back on our records. You didnt pay so you must accept the consequence"

 

A bit harsh considering I was contacting them to request a statement that i could look at to ensure that no calls were logged after I reported it stolen ,which they kept sending the statements/letters to my old address. (i know this as the mail was forwarded onto the estate agent who then sent back to vodaphone). However I did not receive a notice from Vodaphone only the debt collection company.

 

 

I now find I am in the position of having to obtain a credit reference for work purposes.All my other accounts have been paid on time/settled before they are due for the last seven years.

 

Would it be worth pursuing or leaving as there is only one more year to go ?

 

Also can this affect my works request (now being made a signatory)

 

Thanks

Debt collection library Follow this link to our debt collection library.

This library contains templates and advice for dealing with debt collectors who act oppressively or unfairly.

This library is work in progress and will be built up over the next few weeks.

17.03.09

[AegHer]

Hi all, this is my first post, but i to have a default notice from Next Directory. I have tried everything to get them to remove it and they no refuse to correspond with me.

[jcl]

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 be grateful if you could send me copy as trying to get some defaults removed

 

regards jcl