Removing a default from your Credit File

swerveykats

Hi All

I am in the process of trying to remove a default from my credit file put there by Capital One. Today I received a letter back today providing me with a copy of my credit agreement which I ask for, but what they didn't send me, and what I ask for was a copy of the default notice I quote" Under Section 78 we are not required to provide a copy of the default notice and Statement of default"

Do they have to provide me with this if i have asked for it? I don't recall have the noticed sent to me at all. It was a big surprise when I looked at my Credit file to see that horrible thing on there

Hope Someone can help

DarkConvict

Sounds stupid but i can't find section 78 anymore.

But i did find this website

Default on payments

The Consumer Credit Act (CCA) requires certain procedures be followed and specific documentation be provided in the event that two or more payments are missed. Within 14 days of the second default payment, the lender must send you a notice of default to include the following:

Exact details of the breach – i.e. how much is owed
How this can be remedied – i.e. what action the consumer must take and by when
Whether any additional sums of money (default sums) have been incurred as a result and when they must be paid
Consequences of further default or inaction
Restrictions (if any) on the lender’s right to repossession
The notice of default will not be enforceable if the procedure is not followed in this way by the lender. Furthermore, the goods cannot be repossessed without first serving this notice and waiting for the required 14 days to enable you to respond.

http://whatconsumer.co.uk/default-arrears-debt-collection-agencies/

Found it, i was looking under the 2006 act not the 1974 one.

78.—(1) The creditor under a regulated agreement for running-account credit, within
the prescribed period after receiving a request in writing to that effect from the debtor
and payment of a fee of 15 new pence, shall give the debtor a copy of the executed
agreement (if any) and of any other document referred to in it, together with a
statement signed by or on behalf of the creditor showing, according to the information
to which it is practicable for him to refer,—
(a) the state of the account, and
(b) the amount, if any, currently payable under the agreement by the debtor to the
creditor, and
(c) the amounts and due dates of any payments which, if the debtor does not draw
further on the account, will later become payable under the agreement by the
debtor to the creditor.
(2) If the creditor possesses insufficient information to enable him to ascertain the
amounts and dates mentioned in subsection (l)©, he shall be taken to comply with that
paragraph if his statement under subsection (1) gives the basis on which, under the
regulated agreement, they would fall to be ascertained.
(3) Subsection (1) does not apply to—
(a) an agreement under which no sum is, or will or may become, payable by
the debtor, or
(b) a request made less than one month after a previous request under that
subsection relating ~o the same agreement was complied with.
(4) Where running-account credit is provided under a regulated agreement, the
creditor shall give the debtor statements in the prescribed form, and with the
prescribed content
(a) showing according to the information to which it is practicable for him to
refer, the state of the account at regular intervals of not more than twelve
months, and
(b) where the agreement provides, in relation to specified periods, for the
making of payments by the debtor, or the charging against him of interest
or any other sum, showing according to the information to which it is
practicable for him to refer the state of the account at the end of each of
those periods during which there is any movement in the account.
(5) A statement under subsection (4) shall be given within the prescribed period
after the end of the period to which the statement relates.
(6) If the creditor under an agreement fails to comply with subsection (1)—
(a) he is not entitled, while the default continues, to enforce the agreement;
and
(b) if the default continues for one month he commits an offence.
(7) This section does not apply to a non-commercial agreement, and subsections
(4) and (5) do not apply to a small agreement.

http://www.fisa.co.uk/downloads/CCA%201974.pdf

I can't see anything about not sending a default.

Have you tried sending them a SAR, so that they send all the information?

swerveykats

Thanks Dark convict

Perhaps the reason they don't have to provide me with the notice is because I quoted the wrong section :mad:

DarkConvict

As above, consider sending a SAR, but i would await from advice from others. Im not sure about how default truly work.

swerveykats

Might sound stupid what is a SAR?

DarkConvict

A SAR is a Subject Access Request, using the Data Protection Act. you can request all the information they hold on you, including placements of defaults, letters sent out, statements etc. For the statutory fee of £10. They have 40 days to comply with the request.


SAR Templates
http://forums.moneysavingexpert.com/showpost.html?p=11753093&postcount=11
http://forums.moneysavingexpert.com/showpost.html?p=12547639&postcount=12

swerveykats

Thanks Dark Convict I will give that ago