removing a very annoying default

babyt_2

Hi all, hope someone out there has some advice for me,

i have a default from 2005 and was settled 2005 that halifax put on through a loan account. although i contest that it ever should of gone into default they refuse to remove it. i have sent them several letters over about six months and all they can say is how it is a true reflection of the conduct of my account. I desperately need this removed as am in a position to get a mortgage and this is stopping me. have tried getting it removed by telling them that as the account is settled so whats the problem and that they cannot continue to use my data, that it is causing hardship for me and my young family! the letter was quite rude actually and they seem to be firm on the fact they wont remove it? what else can i do im desperate so any advice will help.
thanks

poorandindenial

Hi babyt

I hope someone comes along with a proper answer, but I am pretty sure it stays on until it falls off. Your credit report retains information going back 6 years (every late payment etc) and it stays there getting older and older and starts to have a reduced effect.

If you genuinely shouldn't have the default on there then you could contest it, but the fact that it is settled is not a reason for it to be taken off.

Did you get notified of the default when they put it on.

I wouldn't have thought that a default of three years would have kaiboshed you if you have an otherwise clean bill of health (although I can see that it may have an impact on the deals you are able to get)but I am no expert I am just taking a punt - do you have any other late payments? do you have other credit that shows you can manage credit responsibly etc etc

fermi

Even though the account is settled they are still allowed to retain the default on your record with the credit reference agencies for 6 years from the original default date.

If you dispute their original right or cause to register the default then you may have a case, but you don't give any indication of reason or evidence for this?

If you think you have a valid dispute, then read from page 19 onwards of this document that explains how to complain and take action.

http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/credit_explained_leaflet_2005.pdf

babyt_2

thanks for your replies. the monthly payments came out of a halifax bank account specifically for the loan and there was always enough money in there. for some reason they cancelled the d.d. they deny cancelling the d.d and sent reminders of the payments failing to a previous address. Even though my bank statements from them were coming to my new address and yes i had informed them of change of address as soon as i had moved. so the first i knew the payments were failing was when a default notice arrived at my new address. as the money was still in the account i paid it all off the same day as recieving the notice. I have served them loads of papers but they deny all responsibility and refuse to remove it.

fermi

Well, if you think you can provide evidence that they were at fault then you should go through the complaint procedures outlined in the ICO's factsheet I linked to.

It's a bit long winded, but it is the formal way to address it.