How can I get defaults removed from credit report when no Credit agreement exists?

Karen_P_3

Please can someone advise me?

I have defaults on my credit report from Ambrose Wilson, Simply Be and Aktiv Kapital and none of these companies can provide me with a true copy of a signed credit agreement.

Aktiv Kapital are still trying to get me to pay them even though they can't provide a credit agreement.

Ambrose Wilson and Simply Be both passed my accounts on to Reliable Collections who couldn't provide credit agreements so wrote the debts off. These are showing as satisfied on my report but still showing as defaults.

Can I therefore, because the debts have been written off/they cannot provide credit agreements, get them to remove the defaults, and if so how do I go about doing this? Is there a particular template letter I should use?

Also, Aktiv Kapital...they took over the debt from First Tricity Finance and I have a default from both of them for the same debt. Can I get one of these/both defaults removed, and if so how do I go about doing this?

In all of the above cases do I need to write to Experian or do I write to the companies themselves?

Also, would I just be opening a can of worms if I contact Ambrose Wilson and Simply Be asking them to remove the defaults?

Any help or advice would be greatly appreciated.

Many thanks.

GeorgeUK

I don't know about opening a can of worms, but if you requested a copy of the CCA from Ambrose Wilson, they should not have passed on a debt that was in dispute. This is in breach of the OFT debt collection guidelines.

The theory is that when signing a credit agreement, you give your permission for them to pass on your details to another party like a Credit Reference Agency. If they did so without your permission, they would be in breach of the Data Protection Act. As they do not have a copy of your agreement, it can be argued that they do not have your permission and so are in breach of the Act. Getting them to do something about it is the hard part.

Writing to the CRA's will not do much good - they are basing their information on what another organisation has told them. They will only remove the details if that organisation instructs them to do so or if you have proof that they can follow up that the default has been put on your account in error.

Here are some threads that may be of use:
http://forums.moneysavingexpert.com/showthread.html?t=1266881
http://forums.moneysavingexpert.com/showthread.html?t=929431

judy_

Hi Karen

I am going through the process of getting Aktiv Kapital to remove a default they have issued 6.5 years after the original lender defaulted me.

I have written to Aktiv Kapital to complain (Will look for the letter I sent them and post a link)

I also sent all 3 CRAs a copy of my letter.

They have 28 days to comply or I will have to go to the information Commissioner.

http://forums.moneysavingexpert.com/showthread.html?t=1269125&highlight=aktiv+kapital+default

Hope you get it sorted.

Karen_P_3

Hi George

Thanks very much for your reply.

I should have mentioned that both Ambrose Wilson and Simply Be had both passed on my accounts to Credit Solutions when I got into financial trouble and couldn't make regular payments.

I requested credit agreements from Credit Solutions after getting advice from the Citizens Advice Bureau and they could not supply me with copies and therefore gave in and agreed to not chase the debts any further.

The defaults on my report are from Ambrose Wilson and Simply Be, not Credit Solutions, so although I know I defaulted, I just wondered if they can still leave this on my file even though they know they don't have proof of any credit agreements.

Thanks also for the two links, I will check them out as soon as I'm at home tonight.

Karen_P_3

Hi Judy

Thanks ever so much for your reply and for the help with the letter I need to send to Aktiv Kapital, that is exactly what I needed, thank you.

I will also do the same as you and post copies of the letter to all three CRAs.

I will let you know how I get on with it all, and the best of luck with yours too.