Don't want to settle unless Default guaranteed to be removed

[nocredit]

Hi, hope someone can help me,

I've read loads of threads on default removal but not found anything that fits my problem.

I have 2 defaults on experian and equifax;

£34 to Shop Direct Financial Services

£650 to London Scottish Bank (Next Directory)

 

Both occured when I moved house in 2004, I recieved no default notice but ? if that is relevant in this case.

 

My questions are;

1) I've no recollection of what the £34 debt is for- how can I find out?

 

2) I have no original paperwork for the £650 but I know at least £500 is debt from goods not charges. I am happy to pay as I want to improve my credit rating asap but ONLY if default is removed. As they've not had any offer of payment from me what are my chances of getting them to agree to remove default upon full payment?

If I do get them to write in agreement will it be worth the paper it's written on?

 

I need this sorted asap as I'm recently separated, car is on last legs and no car= no work!

 

I figure if I can find a way to do this it will be cheaper in the long run than paying high interest rates on a car loan.

 

Thanks,

Cat :?

[lookinforinfo]

You are probably best to send an sar to them both initially.

This will explain how the £34 was arrived at, and the Next debt will show up any unlawful charges added.

Once you have the charges removed and explain that you moved away in 2004 thinking that you were all clear and you would like to settle the debt

providing the default is removed since your account will be closed and your permission to process data will no longer be operative. And see what they say.

It is better to ask up front about the default before you pay so that you retain some leverage to get the deafault withdrawn.

[nocredit]

Thanks for that,

Have sent off the S.A.R.'s with the £10 payment by recorded delivery and am waiting for response. Is it 40 days or 40 working days they have in which to reply?

Thanks,

Cat

[nocredit]

I've had a reply from Littlewoods Shop Direct Group:

 

'I regret that I am unable to trace an account number in your name at the address you have listed. To enable me to commence collating the information for your SAR please contact me by telephone.... from the Complaints Management Team'

 

Theres no way I'm phoning for anything I will do it all by recorded delivery letter, where should I go from here?

[midge61]

Did you use the address that you were at in 2004? If not that may be why they cant trace it.

 

good luck

[nocredit]

hi midge

I gave the 2004 address and my DOB so don't know why they can't find it. Sure I saw something similar on someone else's thread but can't find it again now I need it!

Will keep looking, thanks

[midge61]

They are probably just delay tactics then. I would write back and say that the addess etc is correct and their 40 days runs from the day they recieved the request.

 

good luck

[nocredit]

Thanks Midge, will do that.

[nocredit]

Here is a draft letter to Shop Direct:

 

25/09/07

 

Dear Mr. XXXXX,

I am writing in reference to your letter dated 21/09/07.

The address provided in my Subject Access Request is correct as is the date of birth provided. Therefore you have sufficient details to collate the information I have requested under the Data Protection Act, 1998.

Please note that you have 40 days in which to produce this information as from your reciept of my Subject Access Request and payment on 15/09/07.

Unfortunately I will not be able to contact you by telephone as I require all correspondance to be in written form.

I look forward to hearing from you shortly,

Yours Faithfully

 

 

Please will someone feedback as to if this is OK to send? Many thanks

Cat

[pt2537]

Hi No credit

 

Ok, here goes,

 

if you look at your credit file it should have the date which the default was entered

 

take that date and go back to Shop Direct Financial Services and tell them that they have entered data in the form of a default onto your credit file ,as a result of this data you have requested that they supply you all the data they hold on you (SAR) under section 7 Data Protection Act 1998 so that it will help you confirm that the default is an accurate record as required by the Data Protection Act 1998

 

i would ask that if they cannot supply you with the data you request then they remove the default from your record.

 

remind them that they have 40 days to comply with your original request.

 

see what they say to that

if i think of anything else in the mean time i will post it on here

 

regards

paul

[pt2537]

Hi nocredit,

 

sorry but you posted your letter while i was typing my response.

 

the letter looks ok, i would send it and see what they come up with. dont forget to send it recorded delivery

 

 

regards

 

paul

[nocredit]

Hi Paul,

I've taken your advice and tweaked the letter, think it's more substantial now...

 

Dear Mr. xxxx,

I am writing in reference to your letter dated 21/09/07.

The address provided in my Subject Access Request is correct as is the date of birth provided. Shop Direct Financial Services have entered data in the form of a default (dated 15/04/01) onto my credit file. As a result of this I have requested all the data you hold about me by way of a Subject Access Request under section 7 of the Data Protection Act, 1998. On reciept of this I may confirm if this is an accurate record as is required under the Data Protection Act 1998. I have provided sufficient details to collate the documents I have requested.

Please note that you have 40 days in which to produce this information as from your reciept of my Subject Access Request and payment on 15/09/07.

If you cannot supply me with the data that I have requested you are required by law to remove the default.

Unfortunately I will not be able to contact you by telephone as I require all correspondance to be in written form.

I look forward to hearing from you shortly,

Yours Faithfully,

 

 

...Thanks for taking the time to help me with this,

Best wishes

Cat

[pt2537]

Hi Cat,

 

this is how i would put it to them...........

 

Dear Mr. xxx,

Further to your letter dated 21/09/2007

The address and date of birth I provided in my Subject Access Request is correct.

Shop Direct Financial Services have entered data in the form of a default (dated 15/04/01) onto my credit file; therefore I require that you provide me all the data held by your company relating to me .

Notwithstanding the above I require any copies you hold on file of the default notice relating to the default that I now find on my credit file.

Since I have no recollection of ever receiving a default notice I require this information to enable me to substantiate the data, which your company has recorded on my credit file. If it is the case that you are unable to provide me with the data I have requested then I respectfully request that all entries relating to Shop Direct Financial Services be removed from my credit file

Please note that you have 40 days in which to produce this information as from your receipt of my Subject Access Request and payment on 15/09/07. Should you fail to comply with the 40-day time frame then i will make a formal complaint to the information commissioner’s office and in addition I may consider legal action to force your compliance through the county court

From this point I require all correspondence relating to this matter to be in writing

I look forward to hearing from you shortly,

Yours Faithfully,

or something along those lines. dont forget to send it recorded delivery. at least it sets out what you require,in particular that they provide you proof of the default notice. when they reply let us know and we can take it from there

regards

paul

[pt2537]

just an after thought but it may be worth putting a line at the bottom saying " if you are unable to provide me with the data i requested because you do not hold it,please confirm to me in writing that you will remove the information recorded on my credit file with XXXXXX credit reference agencies"

[nocredit]

Thanks Paul that's a good letter for me to use, will include the line about which credit ref. agencies are holding the information & get it sent out by recorded delivery today. Lets see what happens next...

[pt2537]

No worries,

 

im sure they will just ignore it as most companies just bury their heads in the sand when things get to difficult for them. however, if they do chose to ignore your requests then i would after the 40 days expire make a complaint to the info comms office as they are breaching the data protection act

[pt2537]

actually ,looking at the date of the default that you have put on the letter, more than 6 years have passed so the default should have been removed

 

you may want to contact the credit reference agencies and ask them to remove it as if the default occured back in 2001 then it should have been removed in april this year, atleast thats my reckoning anyway

[Goooner]

Hi Nocredit, I'm not sure why you didn't ring when they suggested it to you. Morgan Stanley asked me to phone them and after I answered some questions to identify me they sent out the SAR. It wouldnt have done any harm to have phoned as well as written to them, seeing as you wanted this dealt with as fast as possible.

[pt2537]

Hi Gooner, well all i can say is that you were lucky,

 

if you encounter a unhelpful creditor then you need every thing in writing as lets not forget these things can and often do end up in court and it would be suicide on our part if we turned around to the judge and said well we did everything over the phone and he said.......

 

everything must be in writing simple as that.that way you can produce proof of everything that has happened

 

regards

paul

[Goooner]

It wouldnt have done any harm to have phoned as well as written to them, .

 

As you can see, I agree with you

[pt2537]

Hi Goooner

 

whoops sorry, its been a long day and i must admit i didnt read your response properly:D

 

been stuck at home all day revising for law exams and its done me in, been sat at the pc for hours etc

 

 

regards

paul

[Goooner]

Thats ok Paul, I agree everything must be in writing otherwise they will always worm their way out of it. Also, make sure that all recorded delivery letters actually are delivered as I discovered a few days ago it isnt always the case.

 

John

[pt2537]

Hi john,

 

i agree with you on the recorded delivery, i personally use special delivery, its a little more expensive but its guaranteed to be delievered unlike recorded delivery.

 

ive been caught out with the recorded delivery where they either lose the letter or deliver it but dont get a sig etc

 

thats why i stick with the special delivery

 

regards

paul

[nocredit]

Hi Paul,

So glad you proof read that letter for me, unfortunatly it was 2002 not 2001 as I had written. Lucky for me I've been snowed under at work so I had chance to correct it before I posted it out today.

Thanks from Cat

[nocredit]

I'll phone them on Monday to see if it speeds things up. With regards to the 40 days they have to fulfill SAR is it 40 working days?