Invalid Default Notices - Default Removal

never-in-doubt

ejc81 wrote: »

The account was always with MINT it never went to DCA

I received the above letter in Nov 05 but I had just moved house so they probably would have sent a DN to my previous address in Oct 05.

So if they've defaulted me in Sep/Oct 05 and terminated my account in Nov 05 why have I got a default on my CR dated June 06?

Basically can they

(a) issue a DN after they have terminated the account

(b) issue a DN in June 06 if they had already issued one in Oct 05? (there is only 1 (D) on CR)

The lender can issue a default at any time they want within the 6 years statute barred period - however the point here is that the default notice must match the actual default date. So for you to say they have registered one dated June 06, this means if you sent a SAR request to them they would send a copy of the termination notice with a default date of June 06 - regardless whether you last paid in Oct 05.

If you're saying you have proof that they issued one Oct 05, removed it and changed it to one dated June 06 then they cannot do this - the default date has to match the official default as they are recording factual data - not data to cripple your credit file.

Also, the old one default per debt rule comes in so if they messed up the original its tough - they cannot take it down and re-do it, unless of course the material data remains the same such as start date and amount.... the owner can change whenever the debt/account gets sold on - but the date and amount MUST be the same as originally defaulted in line with original default notice.

See the difference? So if they say they defaulted you on 1st Jan 2005 then on 1st jan 2011 that default should drop off your credit file - if it doesn;t you can request the CRA's do it but you usually send a copy of the default notice that you will either have, or obtain by sending a SAR in.

make sense?

never-in-doubt

Here is another successful default removal (well 2 actually)

wayne99 wrote: »

niddy,

an update for you mate,

in total phoenix placed 3 defaults for 3 accounts on my credit file, they have now agreed to remove two of the entries completely including the defaults on there next update so a bloody good result

this was there response to equifax:

Response (Administrator) 19/02/2010 01.47 PM Good Afternoon,

We have been advised that there is no CCA available for this account, and as a result, this account will be withdrawn from us. Our entry will be removed in our next update.

Kind Regards

so that is two out of the 3, the last one they are claiming they have a CCA and it will be sent so they are refusing so far to remove the default, but two out of 3 is bloody fantastic..

will just battle the last entry and see how that goes

Wayne.

wayne99 wrote: »

i have to say it mate, you da man !!! lol :beer:

blargwork

Hi n-i-d I have a default from Orange from two or so years...It's only for about 100 or so pounds and they were claiming that I owed them that through fees I think mainly, or maybe one month's charges, even though I had asked them to close the account previously (I have no evidence of this now though). I just started ignoring them as they infuriated me. Anyway the default is rather annoying - I never received anything in writing warning me of it but do they have to as they are not a bank? I don;t know if I ever allowed them to share date either, if they needed that. Is it impossible or has it been done?!

never-in-doubt

blargwork wrote: »

Hi n-i-d I have a default from Orange from two or so years...It's only for about 100 or so pounds and they were claiming that I owed them that through fees I think mainly, or maybe one month's charges, even though I had asked them to close the account previously (I have no evidence of this now though). I just started ignoring them as they infuriated me. Anyway the default is rather annoying - I never received anything in writing warning me of it but do they have to as they are not a bank? I don;t know if I ever allowed them to share date either, if they needed that. Is it impossible or has it been done?!

Mobiles always share data mate - you'd never have got a contract without agreeing to this. From what you've said i'd say leave it - you don't have much of an argument i'm afraid....

elenor_rigby_2

hi

i am currently trying to get 4 defaults removed from my credit file at present 1 each from:

natwest
next
halifax
t-mobile

i have made a payment to t mobile and they have agreed to remove the default, i will be sending NID's template letter to politely:D request the default notice for each of the other accounts tomorrow. I'm not holding out too much hope of getting them removed but its worth a go:).

last of all i would like to thank never in doubt for the template letters and everything else.

i will keep you all updated if you wish?

thanks again

ejc81

elenor_rigby wrote: »

i will keep you all updated if you wish?

thanks again

I'd like to know if you have any success as I'm trying to get some removed also...but currently not getting very far!

ejc81

never-in-doubt wrote: »

The lender can issue a default at any time they want within the 6 years statute barred period - however the point here is that the default notice must match the actual default date. So for you to say they have registered one dated June 06, this means if you sent a SAR request to them they would send a copy of the termination notice with a default date of June 06 - regardless whether you last paid in Oct 05.

The previous letter ie Nov 05 says they have terminated due to me being sent a DN ie Sep/Oct 05.

If you're saying you have proof that they issued one Oct 05, removed it and changed it to one dated June 06 then they cannot do this - the default date has to match the official default as they are recording factual data - not data to cripple your credit file.

I can't prove they sent DN as it probably would have went to previous address, unless it turns up in the SAR but I do have previous letter saying account terminated Nov 05 due to prior default

Also, the old one default per debt rule comes in so if they messed up the original its tough - they cannot take it down and re-do it, unless of course the material data remains the same such as start date and amount.... the owner can change whenever the debt/account gets sold on - but the date and amount MUST be the same as originally defaulted in line with original default notice.

I didn't check my CR in 2005 but if they terminated in 05 due to default in Sep/Oct 2005 have I got any chance of the default being changed or removed as it states with all three CRA's that I defaulted Feb 06

See the difference? So if they say they defaulted you on 1st Jan 2005 then on 1st jan 2011 that default should drop off your credit file - if it doesn;t you can request the CRA's do it but you usually send a copy of the default notice that you will either have, or obtain by sending a SAR in.

make sense?

Yip makes perfect sense I just don't know what they have been doing when they've reported it to CRA, it's the wrong date, looks like the wrong account number and shows as settled ie £0 the same date as the default?! But I was on a AP for many, many months after that!

*confused* any ideas:)

never-in-doubt

ejc81 wrote: »

Yip makes perfect sense I just don't know what they have been doing when they've reported it to CRA, it's the wrong date, looks like the wrong account number and shows as settled ie £0 the same date as the default?! But I was on a AP for many, many months after that!

*confused* any ideas:)

Try sending this now - direct to the CRA's but add a section that explains what the problem is and then if the CRA's dont remove it you complain to the ICO: Send this for a start: Default Removal Letter to CRA's

ejc81

never-in-doubt wrote: »

Try sending this now - direct to the CRA's but add a section that explains what the problem is and then if the CRA's dont remove it you complain to the ICO: Send this for a start: Default Removal Letter to CRA's

Cheers mate, is there a template somewhere that I can adapt to send to the OC to see if I can get anywhere with them? Just want to cover all ground incase CRA's won't play ball

Plus they may eventually just get sick of me not going away:rotfl:

never-in-doubt

ejc81 wrote: »

Cheers mate, is there a template somewhere that I can adapt to send to the OC to see if I can get anywhere with them? Just want to cover all ground incase CRA's won't play ball

Plus they may eventually just get sick of me not going away:rotfl:

Request copy of Default Notice - Formal Demand