Invalid Default Notices - Default Removal

never-in-doubt

Hi everyone,

Seems there may be a way to get a default notice removed even taking into account the recent McGuffick case

Instead of me gleaming info from the thread, its easier to post it direct and let people see for themselves if it is worth pursuing. Basically start at page 1 and read through, although tempting as it may be to skip to a certain page - in order to understand and acknowledge the procedure (court attendance is usually necessary), it will make more sense to start at the beginning as you may miss something relevant.

Link to CAG is here: http://www.consumeractiongroup.co.uk...t-notices.html

It may be worth joining and posting your query on there - they are a good bunch and seem to understand this particularly complex area quite well.

Just remember it is worth investing a couple of days time reading the 59 pages if it helps to remove an invalid default notice

never-in-doubt

As some of you may know, a few months ago I started to help marcellep fight Crappy1 in respect of an unlawful default.

Update is below - go to this thread and look back at some of the letters used, if you fancy taking such a battle on yourself! How to get back on the credit ladder

So you may be able to get that default removed after all :D

marcellep's reply as below:

marcellep wrote: »

Time for an update

This is my final update Re Capital One Bank
Thanks to one person on this site (Never in Doubt)

I got 3 letters in the past week from all CRA'S confirming that Capital One Default will be removed, I have since checked and had confirmation that this has happened.

So now the CRA reports are clear

:beer:Thanks for all your support :beer:

Note: Stick at it, you will win

savingmummy

Thank you for this and well done helping others.
Very good of you x

never-in-doubt

Anyone else had any experiences of removing defaults? Be good hear from you......

SmudgeUK

never-in-doubt wrote: »

Anyone else had any experiences of removing defaults? Be good hear from you......

Am currently having problems removing a default for a next account, even though it is satisfied, and went to cabot, cabot and next are both saying they dont have copies of a default notice issued for this account, and i know i never recieved one in the post, so have basically given up getting anywhere with it, this is the only bad thing on my credit file that hinders me with getting credit.

never-in-doubt

SmudgeUK wrote: »

Am currently having problems removing a default for a next account, even though it is satisfied, and went to cabot, cabot and next are both saying they dont have copies of a default notice issued for this account, and i know i never recieved one in the post, so have basically given up getting anywhere with it, this is the only bad thing on my credit file that hinders me with getting credit.

Send this mate - should help: 7. Request copy of Default Notice - Formal Demand


If they don't respond then you send a complaint to ICO and send this to the CRA's (all 3 of them) and any proof from Cabot/Next confirming they don't have the DN: 9. Default Removal Letter to CRA's

That should sort it for you

SmudgeUK

never-in-doubt wrote: »

Send this mate - should help: 7. Request copy of Default Notice - Formal Demand


If they don't respond then you send a complaint to ICO and send this to the CRA's (all 3 of them) and any proof from Cabot/Next confirming they don't have the DN: 9. Default Removal Letter to CRA's

That should sort it for you

I have a letter from cabot stating they dot have the default notice, and that next just forwarded my request for the default notice straight to them, even in the letter instead of referring it to being a next account, they refer it to being a barclay account, lol it looks like they have just cut and copied bits out of a standard template letter, so should i just now complain, and send a letter to all 3 cra's

SmudgeUK

Well have just done the letters, and copied the responses from next and from cabot, and will put them in the letters to all 3 CRA's.

Is it best to send a complaint of to ICO, now or wait 21 days to see what cmes back? If so is there a procedure to complain to the ICO, and does it has to be in a format that the ICO require?

never-in-doubt

SmudgeUK wrote: »

Well have just done the letters, and copied the responses from next and from cabot, and will put them in the letters to all 3 CRA's.

Is it best to send a complaint of to ICO, now or wait 21 days to see what cmes back? If so is there a procedure to complain to the ICO, and does it has to be in a format that the ICO require?

Just hold fire with the ICO right now.

So send the letters to the CRA's and dont send anything to the lender right now - see what the CRA's do for you.... So all you'll send is this at the moment, to each of the CRA's: 9. Default Removal Letter to CRA's

(remember to thank the post with the letter, if you use it lol)

cocker100

never-in-doubt wrote: »

Hi everyone,

Seems there may be a way to get a default notice removed even taking into account the recent McGuffick case

Instead of me gleaming info from the thread, its easier to post it direct and let people see for themselves if it is worth pursuing. Basically start at page 1 and read through, although tempting as it may be to skip to a certain page - in order to understand and acknowledge the procedure (court attendance is usually necessary), it will make more sense to start at the beginning as you may miss something relevant.

Link to CAG is here: http://www.consumeractiongroup.co.uk...t-notices.html

It may be worth joining and posting your query on there - they are a good bunch and seem to understand this particularly complex area quite well.

Just remember it is worth investing a couple of days time reading the 59 pages if it helps to remove an invalid default notice

Hiya N-I-D,

I've been reading through this thread over the weekend!!! Only up to page 31, but what a read eh?

Very interesting reading and creates a whole new ball game with regards to my own debt. Having reviewed 4 default notices sent to me, all four are defective in some way!!!!:D:D:D:DNice!!!! I've got another 3 to check yet.

Seems like my DMP may soon be coming to an end!!!!!:T:T:T:T

I've decided to pick them off one at a time and wait for them to reply when they dont receive their monthly payment. Then i'll reply with the "sorry, you default notice is f*****, take me to court if you want" letter. But by the way, I want compo for you illegally blackening my credit worthiness!!!

Quick question though....

Are you able to reclaim all monies paid to a creditor whilst in a DMP when a dodgy default notice was issued?

Eg.

You owe £7,000 in total, but are in arrears of only £300. Dodgy default notice issued and account closed on said default notice, meaning you are now only liable for the arrears on the account and not the full balance. (£300)

During DMP you have paid say £1,000 back, clearly repaying the £300 that you are now only liable for. Are you now entitled to claim back the extra £700 you have paid to the creditor or is this a case of pushing your luck a little too far?

First one I am tackling is a notorious DCA and I want to screw them for all I can!!!:D:mad::D:mad::D:mad:

That thread to pure gold dust!!!!:beer:

Cocker:)

never-in-doubt

cocker100 wrote: »

Quick question though....

Are you able to reclaim all monies paid to a creditor whilst in a DMP when a dodgy default notice was issued?

Hiya matey Glad you like the thread, it is very handy and when you have nothing to lose, anything is worth a go.....

However, you won't be liable to a refund so assume the default is wiped as defective the account would go back into arrears and as you've (assumed based on your example) paid £1000 off a £7000 debt, i'd assume the original terms would kick in meaning the minimum repayment on such a debt multiplied by the amount of months may be more than the £1000 you have paid, if you see what I mean?

for example;

£7k debt
£1k paid
14 months in arrears @ 3% of debt as minimum monthly payment = £210 per month
multiply the £210 min payment by 14 months = £2940
meaning you're £1,940 in arrears.

Make sense?

So you may still be liable to pay arrears - it would be best to get the default wiped and then arrange a repayment plan that suits both parties, so long as you stick to this agreement no action will be taken, but your credit file should show A/P (arrangement to pay) as opposed to D (Default).