Paid all my debts but want my defaults removed

Sonny247

Hi guys this is my first post, so here goes.

I had a debt with Time Retail finance LTd which was brought by Aktiv Kapital. I have paid the full balance a few years ago (2008).
I recently checked my credit file and it stated that I had defualted at some point to them. So I was concerned and stated wrote a letter to Aktiv Kapital requesting they remove my default or send me the documents to confrim this. I sent the satuatory £1 fee and folowed the advive on these forums.
I recived a reply from them stating that :
Subsection (3) of section 77 states "subsection (1) does not apply to - (a) an aggreement under which no sum is, or will or may become payable by debtor..."

In other words if I dont owe them anything any more they have no obligation to send me any thing. Also they kept my pound

Question is what can i do to get them to send me documents or remove my default as i cannot remember them sending ot to me.

I have also sent out letters to other companies as i believe that some of them, if not all have not sent me a default notice.

Many thanks in advance and apologies for any spelling and grammer mistakes.

Sonny247

bottleofred

Hi Sonny247,

As far as I know, defaults stay on your credit file for a total of 6 years from the date they were put on whether they are settled or not. Your credit file may show the debts as settled, but will probably still have the defaults on. I pretty sure they go off your file a total of 6 years after the default date. Hopefully someone with more knowledge than me can provide additional information which may help, but I think what I've stated is the way it works.

BILLIE

Hi Both - Yep I think that is right Bottle - I had something on my credit file for £5.99. A debt I didn't even know existed - I paid and asked if they would remove and they said it had to stay there for 6 years as settled but defaulted. Eventually they agreed to remove because they had never sent reminders and I was unaware that it was outstanding (it was a payment for DS's mobile that he thought he had paid, but originally contract taken out in my name). I am sure that correct information will be forthcoming soon. Billie x

Sonny247

Guys thanks for quick replies
I know the defaults are removed after 6 years but i have a feeling that Aktiv Kapital never sent me default notices.
I just want them to prove they did send them and that they followed correct procedure, or remove the default from my file if they have not.
I am thinking of sending a SAR request to them....