Trying to get default off credit file

G0ggy

Hi all,

I've been investigating two defaults on my credit file. One of them was for £700 to a debt collection agency in Scotland. I had wrote to them using one of the letter on here demanding a copy of the signed credit agreement and enclosing a £1 cheque.

I have had a reply stating that they cannot supply the credit agreement and are closing the file. What rights do I now have to get the default off my credit file?

Thanks,

fermi

It can be argued that permission to share information with the credit reference agencies is part of the agreement, so if they don't have that then they can't do it.

But the data protection act is a bit vague on that respect and is open to interpretation.

The Information Commissioner's Office tends to side with the creditor over this (rightly or wrongly) and they (short of the courts) say what goes.

There are many many discussions on this here and especially on other forums, so may be worth a search.

But at present the situation seems to be that they are allowed to do this.

starsky365

This happened to me so I wrote to the DCA giving them 28 days to remove the incorrect entry before I commenced legal action against them. I sent a copy of the letter to FOS/TS and all 3 CRA's. They wrote back saying they had no CCA and would remove the entries on my file. When they didnt I just emailed a scanned copy of the letter to the CRA's who then took it up with the DCA and within a week the default had gone.

G0ggy

Could you expand on your acronyms a bit please? Or point me to a reference?

Sorry I'm a bit new here!

fermi

starsky365 wrote: »

This happened to me so I wrote to the DCA giving them 28 days to remove the incorrect entry before I commenced legal action against them. I sent a copy of the letter to FOS/TS and all 3 CRA's. They wrote back saying they had no CCA and would remove the entries on my file. When they didnt I just emailed a scanned copy of the letter to the CRA's who then took it up with the DCA and within a week the default had gone.

Bloomin lucky there then. Most won't do that.

Not saying that they shouldn't, but most will refuse.

Good result though if you managed it. Would love to have all dodgy debts passed to THAT DCA.

fermi

FOS = Financial Ombudsman Service
DCA = Debt Collection Agency
TS = Trading Standards
CRA = Credit Reference Agency

G0ggy

Thank you.

starsky365

fermi wrote: »

Bloomin lucky there then. Most won't do that.

Not saying that they shouldn't, but most will refuse.

Good result though if you managed it. Would love to have all dodgy debts passed to THAT DCA.

It wasnt easy, the whole process took about 5 months, I did have to remind them that they had actually breached data protection and a few other various peices of legislation. The value in default was less than the £500 the FOS would fine them for an unresolved complaint though.