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Has anyone succesfully removed a default??

leemuddywaters
leemuddywaters Posts: 256 Forumite
in Debt-free wannabe
Hs anyone out there successfully removed a default?

Comments

  • DarkConvict
    DarkConvict Posts: 6,347 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    edited 21 November 2009 at 5:11PM
    Yes, if the paperwork was incorrect, if the default placed for incorrect reasons (i.e. creditor was in default for not having a CCA) or you bargained with the creditor you would do a full and final offer or settle in full on the condition it was removed.

    Read these,

    http://forums.moneysavingexpert.com/showthread.html?p=26867873#post26867873

    http://forums.moneysavingexpert.com/showthread.html?p=26867889#post26867889

    http://forums.moneysavingexpert.com/showthread.html?t=2072765
    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
  • leemuddywaters
    leemuddywaters Posts: 256 Forumite
    Ive seen the template letters etc, I was wondering though if anyone has ever actually been successful in having them removed.

    I have an outstanding default of £3000 and one satisfied default both are around four years old.

    In the case of the settled default with cap one, is there anything I can do?

    The other is with a DCA, originally Egg, should I send the proof of default letter first or the proof of the CCA?
  • Tixy
    Tixy Posts: 31,455 Forumite
    Do you remember receiving default notices for either debt Lee?
    If not it would be worth sending the proof of default notice to the settled debt.

    I would imagine for the existing debt if its a pre April 07 agreement then its probably best to start with the CCA request -as if you go for the proof of default and they can't prove it and remove it, then may then re-issue the default (as you are still in default) which will then stay on your credit report for another 6years.
    A smile enriches those who receive without making poorer those who give
    or "It costs nowt to be nice"
  • leemuddywaters
    leemuddywaters Posts: 256 Forumite
    Hi Tixy, thanks. No I dont remember receiving either letters of default, as I was living in New Zealand. You see I had left a sum of money with a family member to put into my account in the uk so the direct debits of the loan and credit card would be taken care of as I was moving to New Zealand.

    This was in 2005, however this particular family member told me the money had been lodged and I stupidly didn't check and trusted him, although he hadn't bothered and took the money. Obviously the payments had been missed and they both defaulted.

    Can they re-issue a default? It seems a bit risky ifthey can do this, Ive suffered for four years already not to keen on another six years.

    Im just married and we want to go for a mortgage soon, So i need to try and get these cleared as soon as possible without damaging my credit file anymore.
  • DarkConvict
    DarkConvict Posts: 6,347 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    They can't place more than 1 default on a debt, even if that default has since fallen off (6 years). If they adjust the default placed date then you can tell them to set it back as it is not allowed to be altered.

    I can remember your original topic about the family member who took the money.

    You could do a SAR request, which means they must provide under data protection act all information they have on you. If the default notice is not in the paperwork they send, then the default would be invalid.
    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
  • leemuddywaters
    leemuddywaters Posts: 256 Forumite
    Thats great thanks for the info, with the settled default would you reccommend saying a request of default letter?

    And with the un-settled default you'd send an SAR?

    Sorry for all the questions, just want to make sure I get it right.

    Thanks
  • DarkConvict
    DarkConvict Posts: 6,347 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    A SAR should get all information from the creditor, settled or not. If a debt is settled then it means you have paid it and would have lost bargaining power to have it removed if you pay up (that's if it was placed correctly), but for unsettled defaults you can offer a full and final settlement with a condition the default is removed.

    SAR the original creditors and see what they provide, if they don't provide it then it was placed incorrectly, if they later state they 'found' it they would be in breach of data protection act for failing to provide it within the timeframe of the SAR.
    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
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