Tesco Credit Card Default

winner12

Hi sorry
Is your Debt in dispute no doubt someone will correct me if Im wrong as I thought this was the only way a default could be removed

chris_h16

Its not in dispute no, I'm going to request my Sar from the ones that have defaulted me on my credit profile. I'm going to see if they hold a valid default notice for me as i don't think i received one. If they don't i can get the default removed, and they aren't allowed to register another default against me. Just purely to help my credit profile.

loudand

chris_h16 wrote: »

Its not in dispute no, I'm going to request my Sar from the ones that have defaulted me on my credit profile. I'm going to see if they hold a valid default notice for me as i don't think i received one. If they don't i can get the default removed, and they aren't allowed to register another default against me. Just purely to help my credit profile.

Hi,

I'm in a similer situation, i have 4 defaults against my file at the moment and would like to try and go down the route your heading as i cannot remember a notice being issued. I will however be paying the full amounts back very soon.

Could you give me some advice on what the steps are to try and prove the defaults were served incorrectly?

Thanks

chris_h16

loudand wrote: »

Hi,

I'm in a similer situation, i have 4 defaults against my file at the moment and would like to try and go down the route your heading as i cannot remember a notice being issued. I will however be paying the full amounts back very soon.

Could you give me some advice on what the steps are to try and prove the defaults were served incorrectly?

Thanks

Hi search the forums for detailed info but basically.
You need to request Sar from them which you send a cheque for £10 to them and they have 40 days to send all the files they have on you.
You check it over to make sure everything is in order if it isn't you can send this letter.

Dear Sirs,

With reference to the above account details.


After recently obtaining a copy of my Credit File from the Credit Reference Agencies, I am concerned to note that your company has placed a "Default Notice" dated XXXXXXXXXX against the above mentioned account.


Further to this, I have no recollection of ever receiving a Default Notice for this account and therefore I require you to substantiate this data.

Please supply me with a signed, true certified copy of the original default notices in line with s.87 & s.88 of the CCA(1974).

You are notified that you are obliged to supply these documents, under s.189 of the CCA(1974). I request that this data is provided to me within the next 14 days.


If you are unable to provide this data then I require all adverse information in relation to this account to be removed completely, including any defaults that may have been applied. Please note that mere correction or amendment to the entry will not be acceptable.


I will be continuing to make the repayments as agreed.

Yours faithfully

Or this http://forums.moneysavingexpert.com/showpost.php?p=26867863&postcount=9

Then if they don't respond try to the CRA with this http://forums.moneysavingexpert.com/showthread.html?p=26867889#post26867889

This is only info I've picked up myself from these forums, have a search or hopefully someone will come along and advise you.

simon_the_poet

chris_h16 wrote: »

Hi search the forums for detailed info but basically.
You need to request Sar from them which you send a cheque for £10 to them and they have 40 days to send all the files they have on you.
You check it over to make sure everything is in order if it isn't you can send this letter.

Dear Sirs,

With reference to the above account details.


After recently obtaining a copy of my Credit File from the Credit Reference Agencies, I am concerned to note that your company has placed a "Default Notice" dated XXXXXXXXXX against the above mentioned account.


Further to this, I have no recollection of ever receiving a Default Notice for this account and therefore I require you to substantiate this data.

Please supply me with a signed, true certified copy of the original default notices in line with s.87 & s.88 of the CCA(1974).

You are notified that you are obliged to supply these documents, under s.189 of the CCA(1974). I request that this data is provided to me within the next 14 days.


If you are unable to provide this data then I require all adverse information in relation to this account to be removed completely, including any defaults that may have been applied. Please note that mere correction or amendment to the entry will not be acceptable.


I will be continuing to make the repayments as agreed.

Yours faithfully

Or this http://forums.moneysavingexpert.com/showpost.php?p=26867863&postcount=9

Then if they don't respond try to the CRA with this http://forums.moneysavingexpert.com/showthread.html?p=26867889#post26867889

This is only info I've picked up myself from these forums, have a search or hopefully someone will come along and advise you.

Hi
Sorry to red about your problems. There is I think some misunderstanding about the function of the default notice issued under section 87 of the CCA.
This notice is required solely to enable the debtor to remedy the default within 14 days, and if not it enables the creditor to enforce by: Terminating the account :Demanding early payment of any amounts outstanding.
This notice has nothing to do with the entry on your credit record. The creditor can report a delinquent account to the CRA without issuing a section 87 notice.
Regards
Simon

chris_h16

Hi
Your right i don't understand. So what is the default letter for exactly then?

They surely can't register a default on my credit file without issuing the offical default notice?
I've a few creditors who have automatically transferred my debts to a DCA without giving me any notices.

simon_the_poet

Hi
Yes unfortunately they can. As far as the creditor is concerned you have defaulted on your account as soon as you miss a payment.
This is quite different to the default notice issued on a credit account covered by the CCA 1974. The latter is a statutory requirement that they must take before they can terminate your account and demand early payment.
The default( Section 87)notice is a feature of the consumer credit act. The creditor may be providing a service that is not covered by the act say a mobile phone or a utility for instance, these would not require the default notice at all, yet they still appear on your CRA report.
Simon

chris_h16

Hi
These aren't mobile phone or util accounts they are credit cards and a current account overdraft.

simon_the_poet

chris_h16 wrote: »

Hi
These aren't mobile phone or util accounts they are credit cards and a current account overdraft.

HI

Hes i know . The point was that a default notice under section 87 is not need before a default is registered to a CRA, whatever type of account.

THis is ot an opinion it is a fact .

I will not be repeating myself again i suggest you check it out elswhere.

simon