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default advice please

Hi,

Long story short is a debt was sold on from Barclaycard to Aktiv Kapital of approx £200 in 2008. I since paid Aktiv Kapital every last penny of that amount owing however they registered a default on my credit file for this.

I have written to them asking them to produce the default notice as I did not recall receiving it. Aktiv Kapital have responded saying they have no obligation to provide anything as the account balance is at 0.

I need to get Aktiv Kapital to prove the default was registered correctly as obviously they have a devastating effect on credit ratings and i'll be stuck with this entry until 2014.

Do I have a leg to stand on here, do I have any next steps to respond with to make them comply with the original request or are they right that they have no obligation to provide any documentation or proof.

Surely they have to prove the information they are passing to CRA's?

Any help greatly appreciated!

Comments

  • Tixy
    Tixy Posts: 31,455 Forumite
    Was it definite that it was activ that put on the original default? not barclaycard?
    Is the default dated before or after the date the account was sold?

    usually barclaycard would issue a default (and notice) prior to selling.
    A smile enriches those who receive without making poorer those who give
    or "It costs nowt to be nice"
  • simrgrs
    simrgrs Posts: 45 Forumite
    Default entry was registered as Aktiv Kapital (BCRD) so I'd have to assume its Aktiv Kapital that put it there but like I say I dont recall ever receiving a default notice. Surely even though the account has been paid theres a legal requirement for them to prove the default was issued and registered correctly and also prove that the data they supply about me to CRA's is correct based on proving those docuements?

    They are outright refusing to supply them due to the account balance being £0
  • simrgrs
    simrgrs Posts: 45 Forumite
    Additional : After reading about SAR letters, is this the correct way to go as a next step to make them prove a default notice exists?

    Thanks to anyone who responds with advice / comments
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