Default Notice on Credit File - Notice of Correction.

Worthingben

Basically its a debt I don't owe, they could not produce my credit agreement but the debt collector is insisting the default stays on my file....

Via email when I asked for it to be removed this was part of the response to me:

"Whilst we may not be able to enforce the agreement, the monies remain outstanding. The agreement or any monies paid has not been made illegal or void because of our current failure to supply a copy of the original agreement. We are prevented from taking steps to enforce the credit agreement but the underlying obligation to repay remains in tact.

The case of McGuffick V RBS clarifies the various interpretations of what is considered enforcement in these instances. A full copy of the Judgment is available to view online where you will note that the reporting of data to the Credit Reference Agencies is not considered enforcement. We would recommend you familiarise yourself with the details of the Judgment.

Data requests made under the Consumer Credit Act are not a tool to establish whether or not there was a properly executed agreement, a view confirmed in the recent decision in Carey V HSBC Bank Plc (2009). Providing a reconstituted agreement is sufficient to comply with your data request and we consider our obligations concluded in this matter. The above account was used and a debt incurred we are therefore under the assumption that the fact the agreement exists will not be called into question.

Due to the above we will continue to report your account status to the Credit Reference Agencies."

Riiiight, because seemingly I now don't have a leg to stand on, and will have to wait 3 years for removal shall I issue a notice of correction...

I need help in what I should put on it that looks the best to those searching my file.

Thanks in advance

fermi

Who said you don't have a leg to stand on?

You argued that they should take off the default because they couldn't provide a credit agreement.

That isn't a good argument.

They don't have to take it off because of the lack of an agreement, but they should prove that you owed the debt and didn't repay it to substantiate the default.

You just went about it the wrong way with the CCA request, and so got the standard response to people disputing defaults from that.

It was explained in your other thread that you need to forget about the CCA request, and fundamentally dispute that the debt is yours and that you defaulted.

https://forums.moneysavingexpert.com/discussion/3160064

That is assuming that you think it isn't yours.

You admit yourself that the debt could be yours.

Worthingben wrote: »

Its just this and one more appearing on credit file, so yes I could owe it, I just don't know as back then I went credit crazy....

Worthingben

Thanks for that Fermi....

I took it as 'case closed' from my previous thread (that you have helpfully provided a link for), thus enquiring into the option of a notice of dispute on my credit file. As they have refused to remove it as a genuine alternate option!

I may well have gone down the wrong route asking for a CCA to be sent to me, but I really did not know any other way to prove I do not owe it.

It would have been much more helpful to offer some suggestions for disputing this debt rather than just saying to dispute it, maybe a template letter or two (as I cannot find anything after your post) ...rather than combining my previous posts from my thread which of course I have nothing to hide, but odd for you to want to highlight this to me.... More to make me look stupid to the forum.

fermi

Sorry. Not trying to make you look stupid at all.

However, if people are going to try to help with your situation then they need to know the circumstances. Otherwise there is again the danger of sending you off down the wrong path.

Not really sure what template would be helpful? You would need to write you own letter based in this case.

It would just be a letter saying that you do not believe that the debt is yours, and that you require them to provide proof that it is. As the debt is not yours, then they are recording false and defamatory information on your credit reference files, and that unless they can substantiate it then you require it's removal. Should they fail to do so, then you will take the matter to the ICO, FOS, and possibly take court action to force removal.

At the same time you would enter the same dispute through the CRAs own dispute procedures.

fermi

You could also remind them of this case:

http://news.bbc.co.uk/2/hi/programmes/moneybox/8098674.stm

Worthingben

fermi wrote: »

It would just be a letter saying that you do not believe that the debt is yours, and that you require them to provide proof that it is. As the debt is not yours, then they are recording false and defamatory information on your credit reference files, and that unless they can substantiate it then you require it's removal. Should they fail to do so, then you will take the matter to the ICO, FOS, and possibly take court action to force removal.
.

Thank you.

Fermi, I assumed that the initial CA letters and that process of Credit agreement retrieval would have encubased the above. Most obviously that I do not believe the debt is mine! The proof part wanting the signed credit agreement.

I'm just concerend I will be going round in circles with a very similar process I went before, in stating I need them to prove I owe this.

Actually from my previous thread (you managed to find ) I threatened the FOS and as stated it was almost laughed away....

DLCs last email:
Dear Mr B

Thank you for your email concerning the above account.

Please be advised we maintain our stance as detailed in my previous email.

We would now invite you to proceed with any further action that you deem to be appropriate in this instance.

Kind regards

Shelley Boddy
Compliance Team Senior
direct legal & collections

fermi

Worthingben wrote: »

Thank you.

Fermi, I assumed that the initial CA letters and that process of Credit agreement retrieval would have encubased the above. Most obviously that I do not believe the debt is mine! The proof part wanting the signed credit agreement.

I'm just concerend I will be going round in circles with a very similar process I went before, in stating I need them to prove I owe this.

Actually from my previous thread (you managed to find ) I threatened the FOS and as stated it was almost laughed away....

Yes, but that is because you argued that they couldn't record the default because of a lack of a credit agreement, as a result of the failure to proved one under a CCA request.

Or that is what they perceived you were arguing anyway.

As the law stands, a creditor not being able to supply a credit agreement under a CCA request does not prove the debt didn't exist, and does not invalidate the default.

Unfortunately many many people have used a CCA request in the past to try to do exactly that, even when all other evidence shows the debt was owed. i.e. the lender can produce records to show the money was borrowed, the account maintained by you etc..

If you had just asked for documentary proof that you owed the debt as yiu believed you didn't, then they may not have come back with such a negative and dismissive response.

However, you do need to decide how much you want to push it.

Even disputing the debt normally may be a long job, and a hard fight. Rightly or wrongly, the system is weighted against the consumer in this. Companies can put black marks on your credit reference files with no evidence whatsoever, and it can be a hard fight to get them taken off.

fermi

Worthingben wrote: »

Fermi, I assumed that the initial CA letters and that process of Credit agreement retrieval would have encubased the above. Most obviously that I do not believe the debt is mine! The proof part wanting the signed credit agreement.

No. A request under s77/78 of the consumer credit act is a request for a copy of the agreement that you are a party to.

It's not something to dispute that you are the person subject to that contract.

In fact, if you were not the person on the agreement, then you have no right to make the request in the first place. By making the request, you are in some ways implying that you are the person. Or at least if used correctly you would be.

So by making the request, most debt collectors interpret it as:

You are the debtor, but you want to check to see if the agreement is enforceable against you. Not that you deny that you owe the debt.

fermi

Back to the initial question: You can certainly put a notice of correction on. :cool:

Culex

fermi wrote: »

At the same time you would enter the same dispute through the CRAs own dispute procedures.

... And may God have mercy on his soul.