Removing a Default Notice

Cahoot_hater

I wounder if someone could give me some advice here,

I just got a copy of my credit report from experian and have noticed natwest have put a default notice on my account in 2005 its showing as satisfied but I would like to take this off as it will have a impact when I apply for mortage. Recently about two months ago I claimed back £220 from natwest for unlawful charges they put on my account and happly accepted there offer however I forgot to include in the template letter which i sent to them about removing the default notices on my account.

I was thinking of sending the following letter:



Account No: ??????????

Dear ?????

Thank you for the recent return of £?????? in cheque.

The entry you recorded on my credit file with the credit reference agencies is in breach of the Principles of the Data Protection Act 1998.

In the circumstance of this case, the personal data recorded with the credit reference agencies in the form of defaults and default markers are irrelevant and inaccurate being the result of unlawful charges you applied to my account. I therefore request complete removal.

I request that the data is removed within 14 days and I reserve the right to take legal action when it becomes necessary.

Yours sincerely

<signature>

<Full name>

would this template letter be sufficient in removing the default notice or is there another letter i could send. any advice most welcome.

all the other post i have read so far on default notices is that you should request removal of any default notices at the same time with claiming bank charges which i didn't.


thanks guys:money:

Cahoot_hater

bump - anyone:money:

naijapower

But did the default arise solely from the unfair charges? If so, then you have a case.
Though if you plead and persevere, you should get them to remove it

never-in-doubt

Cahoot_hater wrote: »

bump - anyone:money:

Have a look here: http://forums.moneysavingexpert.com/showthread.html?t=1674391

we've loaded some letter templates that will cover this.

Cahoot_hater

Thanks for the reply guys much appreciated (have one on me) :beer:

shall i send the following template and see what happens, i'm just abit worried that if i send the following template natwest might write back to me and say that they don't have to provide one to me as i am no longer a natwest customer: can they do this?


Dear Sir/Madam

Re:

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the Credit Agreement relating to the above account, together with any other documentation the Act requires you to provide.

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply.

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

I enclose a cheque in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

Yours Faithfully

never-in-doubt

Cahoot_hater wrote: »

Thanks for the reply guys much appreciated (have one on me) :beer:

shall i send the following template and see what happens, i'm just abit worried that if i send the following template natwest might write back to me and say that they don't have to provide one to me as i am no longer a natwest customer: can they do this?

Thats the letter to send matey, you got it........

all lenders have to provide a CCA mate, its the law....

Cahoot_hater

never-in-doubt wrote: »

Thats the letter to send matey, you got it........

all lenders have to provide a CCA mate, its the law....

cheers m8, I will send this of tomorrow and see what happens, i will keep this thread updated.

thx guys:j

never-in-doubt

Cahoot_hater wrote: »

cheers m8, I will send this of tomorrow and see what happens, i will keep this thread updated.

thx guys:j

remember to send £1 payable to the company you are sending it to, i.e the DCA or the lender.

And do it recorded delivery (orange sticker for +64p lol)... then they get 12 + 2 days

In your letter, change this:

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply.

to this:

I expect you to comply fully and properly with this request, within the statutory time limit (12+2 days). You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply. I therefore allow the statutory 12 + 2 days for full compliance prior to my seeking to place the account formally, in dispute.