Can Creditors refuse to send you a CCA if the account is settled?(remove default)

emmsielu

Hello there,

This is my first post here, so apologies if I'm mistaken with any info.

I'd really like some help/ advice on trying to remove some defaults. I've read everything on learnmoney.co.uk and sites like that, that give templates to send to creditors to ask for a CCA and a signed copy of the original default. I've also read forum threads where people have tried this, but the creditor states that the default is correctly logged on their system, and is therefore legitimate, but no advice/ further info relating to this point.

I have 4 defaults, all of which were added during a time when I was struggling after university (and left uni without finishing, mainly due to the stress of all teh debt) and was dealing with a debt management company. I've written to all three companies (two of the defaults are with RBOS - an account and a loan linked to the account which were both being handled by the debt management company, but have different default dates, which I find odd), to ask for a CCA, copy of default and enclosed a £1 cheque.

RBOS have written back saying that they will not remove the default, as they have a record of it on their system (despite it being sent to an address I didn't live at, at the time, although the debt management company would have had my correct address) and therefore, it conforms with the requirements of s176(2) of the consumer credit file. They won't send me the CCA as the account is now fully paid off and closed (they only talk of it as one account and one default though?). They also say that they never assigned the debt to another party, but the debt was paid off with Allied Credit International, who they must recognise as having given them the money I paid, as when I called RBOS a coupld of weeks ago, querying the status of the loan on my credit report saying that it wasn't settled, they seemed to know about this and said they would correct it.

GE Money have written back and just said that they do not have to send me the CCA as the account is now closed.

My questions are these -

Does s176(2) say that the default only has to be on the creditors system, and am I able to request to see this at all?
Can they refuse to send me the CCA if the account is settled and closed?
Would I be better of requesting a S.A.R. and enclosing a £10 cheque, and look for fees paid?
Can you be defaulted for £0? (Egg has this on my CallCredit report)

I'd be very grateful if anyone can clear any or all fo this up for me please? I'm completely willing to wait until they all expire (just over a year), but if I could do something about it, or at least understand all of the jargon, then I'd be much happier.

Thanks,
Emma:o

GeorgeUK

It might be worthwhile posting this on the consumeractiongroup forum too. They are more aware of the legalities.

As far as i know (from reading a long time ago), if the debt is settled then the agreement is no longer active and as the bank stated, the CCA74 does not apply to closed accounts. If however you request all details that are held on you from the bank rather than just the transaction details, that should also include correspondence and documents - including the CCA and default notice (if it was the bank that defaulted rather than the DCA).

There's a template here that you could use, but it's probably worthwhile confirming this on the CAG site.
http://forums.moneysavingexpert.com/showthread.html?t=963087&page=2