What makes a default legal?

KEATERGREYHOUND_2

Can anyone please tell me what a compnay legally has to do to issue a default.

Basically the only reason we found out about the default is through his credit file. Weve had no other papaer work at all.
We have claimed unfair charges back from this catalogue company which they have refunded but havent removed the default.
He did miss one payment which we then paid a fine for then the whole of the bill back at once.
Does anyone also know of where I can find any letter ideas to ask them to remove this?
Many Thanks

file_wizzard

The creditor, or assignee is required to issue a default notice which is in compliance with S.89 of the Consumer credit act to the last registered address for the debtor.

This will lawfully entitle the creditor to commence recovery proceedings if no action is taken by the debtor, however in your case I presume you are referring to a credit file entry relating to a default, if a CRA entry has been made then the data controller ( creditor in this case) must be able to demonstrate that a notice was issued, you should write to the creditor requesting a copy of the original notice, if they can not provide this then you may have a case to escalate to the Information Commissioners Office in respect of the data control publishing data which they canto verify

KEATERGREYHOUND_2

Hiya
Im sure that they will say that its sent but we never got it else id have tried to get it removed a lot sooner.
It is a default on his credit file.
To the best of my knowledge hubby never singed a credit agrement with the company in the 1st place

file_wizzard

Unfortunately the CCA issue ( signed or otherwise) is a separate issue to the data protection one which it seems you are disputing.

Your best plan of action is to write to the original creditor and request a copy of the default notice, you should also raise a separate "notice of dispute" with the credit reference agency.

If the Creditor / data controller fails to respond, or is unable to provide the CRA with an assurance that the data is correct within 28 days it will be suppressed from your credit file.