Removing a default from credit report using section 78

polg79

Hi there,

I wonder if anyone can help? I am trying very hard to remove a default notice on my credit file which is preventing me from getting a mortgage. I do not remember receiveing a default notice so I have written to the bank using Section 78 as a means of them to send me evidence that this notice was ever supplied.

I received a letter back from the bank stating that "Section 78 only applies during the lifetime of the agreement and as the account has been closed there is no longer a regulated agreement between ourselves."

Can anyone advise the next steps as I think this is a clear fob off! Should I use The Freedom of Information Act and request this information again? Or is there another solution?

Help!

Thanks in advance

Pol

climbintheladderouttadebt

Hi Pol,

When was the default on your credit report dated for?

DarkConvict

They are correct, when the account is closed they do not have to supply any agreements/documentation.

To get around this, send them a SAR. Basically they must send you all information they hold on you. As a bank they should retain the information for probably 6 years even after the closure. - http://forums.moneysavingexpert.com/showpost.html?p=33791933&postcount=24

Remember if this is an overdraft, it comes under service not credit agreements. But still a default notice should be sent.

There is not reason for them not to send all the info they still hold on you.

polg79

Thanks very much for that I will send them a SAR!

The default on my account was dated 2006..

Pol