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Removal of defaults help!!!

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sweetyno4
sweetyno4 Posts: 2 Newbie
in Debt-free wannabe
I have found 4 defaults on my credit file in relation to debts from 2004/5. I contacted the debt management company in November 2009 requesting all the documentation in relation to these debts as I have never been chased or received any paperwork in regards to them. They have since been replying stating they cannot get hold of anything other than a bill from the original creditors and demanding payment based on this. They claim they have no statements or no copies of default notices and that the companies cannot get hold of these either. 3 of these defaults are with mobile phone companies, one of whom I have a current contract with and have done for some years. The 4th is with Capital One which is made up of credit card charges. I have offered 50% settlement if they remove the default purely to resolve this quickly but they have refused and can only provide the credit agreement for Capital One and nothing else. I have put a notice of correction on my credit file and am in the process of reporting it to the Financial Ombudsman. What else can I do to get these defaults removed?:(
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Comments

  • Tixy
    Tixy Posts: 31,455 Forumite
    Do you know if you did actually default on these accounts? Do you agree that you owe the money? or that they are your accounts? Did you move address around the same time?

    What are the default dates? If they are coming up within the next few months then they will likely disappear before the ombudsman even looks at your complaint.

    Have you sent a formal letter to demand copies of the default notices? http://forums.moneysavingexpert.com/showpost.html?p=30356401&postcount=26
    A smile enriches those who receive without making poorer those who give
    or "It costs nowt to be nice"
  • withabix
    withabix Posts: 9,508 Forumite
    You are better off contacting the companies direct.

    Contact details will be on your statutory credit file which shows these particular defaults.

    As soon as the defaults reach 6yrs and 1 day for the default date, they should disappear.
    British Ex-pat in British Columbia!
  • sweetyno4
    sweetyno4 Posts: 2 Newbie
    I have contacted the companies direct and they say they cant see anything owed on their system. The debt company say they bought the debt which is why the original company has no record of the debt. I am sure I had cleared all these bills, which is why I requested copies of all paperwork. Have written formal letters so many times since November 2009!

    I dont acknowledge any of this debt! The defaults are dated 2005.
  • Dave3066
    Dave3066 Posts: 20 Forumite
    I too have a "satisfied" default against my credit file which is no better than an "unsatisfied" default. I'm using the example given at www. learnmoney.co.uk to argue that I did not receive notification of a defualt notice in an attempt to have it removed. I've received a reply from the credit card company following my first letter to them stating that as the agreement is now terminated the consumer credit act is no longer applicable and that they do not have to supply me with any information. Is this correct? How should I proceed?

    Thanks
  • Tixy
    Tixy Posts: 31,455 Forumite
    Hi Dave

    That doesn't sound right to me but it might be worth looking on this thread http://forums.moneysavingexpert.com/showthread.html?t=2305463 and perhaps asking never-in-doubt this question (as he has certainly used the argument before)
    A smile enriches those who receive without making poorer those who give
    or "It costs nowt to be nice"
  • DarkConvict
    DarkConvict Posts: 6,346 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    I contacted the debt management company in November 2009

    Are you using a pay firm for one of the charities -http://forums.moneysavingexpert.com/showthread.html?t=2077631
    If using a pay firm switch over to a free charity

    On a DMP you do generally incur defaults. Only the original credit can place defaults (as thats who the contract was with) , if sold to a DCA they can only place the default in there name, they cannot add defaults if they didnt originally exist.

    Contractual laws means they (original creditor) have to send out default notices, the creditor should also keep records for at least 6 years, so send the original creditor SAR letters - http://forums.moneysavingexpert.com/showpost.html?p=30356311&postcount=22
    Although no trees were harmed during the creation of this post, a large number of electrons were greatly inconvenienced.

    There are two ways of constructing a software design: One way is to make it so simple that there are obviously no deficiencies, and the other way is to make it so complicated that there are no obvious deficiencies
  • Dave3066
    Dave3066 Posts: 20 Forumite
    Tixy wrote: »
    Hi Dave

    That doesn't sound right to me

    Thanks Tixy, I'll try that route.
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    Dave3066 wrote: »
    Thanks Tixy, I'll try that route.

    Hi Dave

    Thanks for the PM. Unfortunately with the CCA you can only request the documents for accounts with a balance, settled accounts no longer conform to s.78 (CCA) and instead move to DPA so you'd have to issue a SAR (waste of a tenner). However they must send a copy of the DN to you, in line with s.87 & s.88 of CCA.

    You ought to demand a copy of the DN to check it was executed properly, if not then we'll get it taken off for you - if so then you argue with the CRA's directly.

    First thing to do is send this letter to whoever added the default (owns the debt/account): Request copy of Default Notice - Formal Demand

    Let me know via this thread (i've subscribed to it) what they respond with. :D
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • Dave3066
    Dave3066 Posts: 20 Forumite
    Hi NID

    I sent the first "Request Copy of Default Notice" letter on 23rd April and got a standard holding response from MINT telling me that the matter was "receiving my attention and I shall be writing to you again shortly". This came within the 21 days I gave them to respond and was signed by one of MINT's recoveries officers.

    Do I need to do anything at this stage or should I wait for a further letter?

    Cheers

    Dave
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    Dave3066 wrote: »
    Hi NID

    I sent the first "Request Copy of Default Notice" letter on 23rd April and got a standard holding response from MINT telling me that the matter was "receiving my attention and I shall be writing to you again shortly". This came within the 21 days I gave them to respond and was signed by one of MINT's recoveries officers.

    Do I need to do anything at this stage or should I wait for a further letter?

    Cheers

    Dave

    Hiya

    I'd just wait, at the end of the day a complaint to the ICO/FOS may well be in order. They do have to substantiate their shortcomings, no matter what they may think.

    I'd give them the full timeframe to respond, then send a gentle reminder letter.... :D
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
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