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Default Notice Removal
Joe12
Posts: 5 Forumite
I wonder if anyone can help me:
1. I wrote to a lender concerning proof of default notices recorded on my credit files, as I never recalled receiving them. I also quoted the following in my letter:
1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number 1587 716732.
2. You must supply me with a signed true and certified copy of the original default notice
3. Any deed of assignment if the debt was sold on
I would request that this data is provided to myself within the next 28 days, if you are unable to provide this data then I must insist that it is removed from my files as unsubstantiated.
2. The lender wrote back saying the following:
"As a result of the letters being sent through an automated system an exact replication is not available, as it is not retained on our system once it has been issued. Therefore, I am unable to provide you with the original copies which were sent on the above mentioned dates. However, for you ease of reference, I have enclosed an 'example' copy of the Notice to Default Letter that were sent to you. '
They also stated within this letter that they were only legally bound to supplying 'example' copy of the Notice to Default Letter. Is this correct and I'm in my right to pursue this matter further to get these defaults removed?
1. I wrote to a lender concerning proof of default notices recorded on my credit files, as I never recalled receiving them. I also quoted the following in my letter:
1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number 1587 716732.
2. You must supply me with a signed true and certified copy of the original default notice
3. Any deed of assignment if the debt was sold on
I would request that this data is provided to myself within the next 28 days, if you are unable to provide this data then I must insist that it is removed from my files as unsubstantiated.
2. The lender wrote back saying the following:
"As a result of the letters being sent through an automated system an exact replication is not available, as it is not retained on our system once it has been issued. Therefore, I am unable to provide you with the original copies which were sent on the above mentioned dates. However, for you ease of reference, I have enclosed an 'example' copy of the Notice to Default Letter that were sent to you. '
They also stated within this letter that they were only legally bound to supplying 'example' copy of the Notice to Default Letter. Is this correct and I'm in my right to pursue this matter further to get these defaults removed?
0
Comments
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Can anyone please help, please!!! I need an understanding to my question, above:
My lender sent me an 'example' copy of the Notice to Default Letter", i.e a template of the type of default notice sent to customers. They said that they were not legally bound to providing original copies of default notices, as these were automated and an exact replication is not available. These notice were served September 2006.
Please read the above for further background on my question0 -
Can you complain to the Ombudsman?
Anyway, this thread may help you. http://forums.moneysavingexpert.com/showthread.html?t=1674391&page=61
Nid knows a lot about default removal. Maybe he can help you.0
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