Removing defaults help

maximus999

Hi all, this is my first post after reading on this forum of how to remove defaults from my credit file, I do understand we are all accountable for our own lives but i received a default on my credit file due to not paying a capital 1 credit card, i moved house and did not receive the notice. I came across on this site letters i can send to them saying i would like a copy of the original default they served on me at my previous address and they had a certain time frame to respond which they did, and here is the response.

Dear Mr xxxx

Account number xxxxxxx
Thank you for your recent letter requesting copy documents for your account.
You requested copies of the executed credit agreement and a statement of your account under section 78 of the consumer credit act 1974.

As you may be aware, your account went into default on the 21st December 2007 for £xxxxx. You have since made payments and we have recorded a partially settled default on your credit file.

Where there is no sum which is, or will, or may become payable under the credit agreement, then the obligation to provide documentation under section 78 of the credit consumer act 1974 does not apply. Therefore, on the basis of the above, we have no obligation to provide you with a copy of the documents that you have requested. I have requested to send you a £1.00 cheque which will follow within the next 14 days.

I trust this will help you with your enquiries, if you require anymore information, please contact me again.


Can anyone let me know if what they saying is correct, also it states in the letter 'i have since made payments and we have recorded a partially settled default on your credit file', I have paid this account off in full 9 months ago, shouldnt it say settled.
Any advise or guidance is much appreciated.

Regards

Tixy

Hi and welcome to the forums.

Not sure about this but wanted to bump you back to the first page.

Or you could try asking never-in-doubt on this thread - http://forums.moneysavingexpert.com/showthread.html?t=2305463

DarkConvict

If you were after the default notice you should have sent a SAR with £10, not a CCA with £1.

if they did issue a notice but to the wrong address if you forgot to tell them it will still be valid. A judge has ruled that late payment markers and defaults can be applied to unenforceable debts anyway.