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Removing credit card default

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Guys girls, can you read this letter and give me some feed back.

Without Prejudice
Date: 14th February 2006

Re: Natwest credit card default

Dear XX. Xxxx:

Please let me first thank you for taking the time to read my letter. I am writing regarding to the account registered at;

Address: xxxxxxxxxxxxxxxx
Account holders name: xxxxxxxxxx
Date of Birth: xxxxxxx

As you are aware it is a requirement of the Consumer Credit Act (sections 60 & 61) that any agreement is set out in a particular format, and is signed. Please could verify the debt by providing me with a copy of the original credit agreement, default notice and account history. If you have the required documentation, I ask that all that 3 documents are sent to me immediately.

If you can not provided me with required documentation, you can not prove that the debt is mine, I will ask that since the account had a very low credit limit and is now satisfied in full, please will you remove the credit file information in its entirety from both my Experian and Equifax files, including any default notices related to NatWest Credit cards.

If this proposal is acceptable to you I would be grateful if you would confirm this in writing. I am willing to pay any administration charges to cover any costs incurred. I have included some additional evidence of some of my existing credit accounts, that will show you that I am not a credit risk.

I look forward to hearing from you soon.

Yours faithfully


Mr X X XXXXX


cc: Included copies of

Comments

  • blacksta
    blacksta Posts: 919 Forumite
    All the best. If they can provide the aggrement letter you signed then you have no case. All the best let hope they cannot find it.
    I owe £3233 @ 0%
  • grumbler
    grumbler Posts: 58,629 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Please could you verify the debt by providing me with a copy of the original credit agreement...

    cc: Included copies of

    cc='carbon copy' (AFAIK). Shoul be: encl: Copies of ...
  • Good luck, I think you'll need it!
  • Verbatim
    Verbatim Posts: 4,831 Forumite
    Part of the Furniture 1,000 Posts
    "I am willing to pay admin charges" is a bit open ended! Perhaps " If I will incur any admin charge please let me know what these will be before proceeding" or at the very least insert "reasonable" before "admin charges.

    Good luck.
    CCs @0% £24k Dec 05 £19,621.41 Au £13400 S 12600 Oct £11,981 £9481 £7500 Nov £7250 D £7100 Jan 6950 F £5800 Mar£5400 May £4830 June £4660 July £4460 Aug £3200, S £900, £0 18/9/07 DFW Nerd 042
  • The_Boss
    The_Boss Posts: 5,863 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    There was a notice on Credit Expert now saying that Experian are getting more stuff from NatWest than before. I dont think they would remove it and it would stay there for 6 years, so maybe get in touch with Experian who would add to your form that you are disputing it. I've managed to get searches removed from my report by arguing against them, but this is a different kettle of fish and a lot more serious.
  • Experian_company_representative
    Experian_company_representative Posts: 2,134 Organisation Representative
    Part of the Furniture Combo Breaker
    I'm afraid that if information on your credit report is accurate, it can't be removed simply because it looks bad. Prospective new lenders have a right to see how you've repaid other credit agreements in the past. Maybe consider adding a notice of correction (a statement of up to 200 words) to your credit reports explaining any circumstances surrounding you getting into difficulties in the first place. Lenders will see this when you apply for credit in the future and it might help.
    Official Company Representative
    I am an official company representative of Experian. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"

    Posts by James Jones, Neil Stone, Stuart Storey & Joe Standen
  • CIMA_LOVER wrote:
    As you are aware it is a requirement of the Consumer Credit Act (sections 60 & 61) that any agreement is set out in a particular format, and is signed. Please could verify the debt by providing me with a copy of the original credit agreement, default notice and account history. If you have the required documentation, I ask that all that 3 documents are sent to me immediately.

    If you can not provided me with required documentation, you can not prove that the debt is mine, I will ask that since the account had a very low credit limit and is now satisfied in full, please will you remove the credit file information in its entirety from both my Experian and Equifax files, including any default notices related to NatWest Credit cards.
    There have been recent court cases raised by banks, where despite not being able to produce the original agreement, they have proved that the customer has had used the account, had benefit of the funds and therefore acknowledged the terms and conditions of the account. Apologies for not being able to quote the case law, but it was about 2002. It's about suing for monies lent, which they can prove you received.

    You may get a response which asks you to report the account as fraud if you are claiming it is not yours.

    You don't say anywhere why you have an issue with the details of the record - what is it that makes this an inaccurate record of your financial transactions? The banks are obligated as part of their credit reference agency agreements to provide a fair view of their transactions and I can't see anything to the contrary here.

    Do bear in mind that in assessing credit in the future banks look at a combination of factors and if the default is of a low value and as you report now satisified, it may not feature highly in a decision making process. More recent good payment behaviour is likley to carry more weight.

    DTGY
    So many glitches, so little time...
  • Experian_company_representative
    Experian_company_representative Posts: 2,134 Organisation Representative
    Part of the Furniture Combo Breaker
    Well said Dave the Ginger Cat.
    Official Company Representative
    I am an official company representative of Experian. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"

    Posts by James Jones, Neil Stone, Stuart Storey & Joe Standen
  • CIMA_LOVER
    CIMA_LOVER Posts: 162 Forumite
    I never recieved the card, I lived in a student hall, with a shared mail box, any could have taken my card, and statements with out me knowing.

    I just thought that I had been delined. :eek:
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