Removal of default from credit file if no proof of debt....is it possible???

awilkie

Hi All, Just after a bit of advice....I've been having an ongoing battle with a certain Debt Collection Agency. For the last 5 months I have been asking for a copy of the original credit agreement, which they have been unable to provide and they have stated the debt was purchased by them in good faith and my dispute is not valid just because they don't have the CCA. My understanding of this is they can't enforce the debt through the courts without a copy of the agreement but can still continue to chase me for the debt, ok... I think I can handle that I will just ignore them.... so my question is with regards to my credit file. I've noticed they have recorded the debt as a default on my file and as they have no proof of the debt I would like to try and have this removed, can anyone offer any advice with regards to the procedure to get this removed?

lvm

I assume you acknowledge the debt is actually yours as you don't say otherwise in your post. In which case, the default is factual information and gives future lenders a bit on insight into your credit worthiness and likelihood of you paying future accounts.

If you are actually disputing the debt is yours, have you sent the "prove it" letter? Of course, if the debt doesn't belong to you there is more chance of you having the default removed but it doesn't sound like t is the case...

awilkie

lvm wrote: »

I assume you acknowledge the debt is actually yours as you don't say otherwise in your post. In which case, the default is factual information and gives future lenders a bit on insight into your credit worthiness and likelihood of you paying future accounts.

If you are actually disputing the debt is yours, have you sent the "prove it" letter? Of course, if the debt doesn't belong to you there is more chance of you having the default removed but it doesn't sound like t is the case...

I'm sorry but your post isn't really helpful to me it's doesn't answer my question, my question is if they do not have any proof of the debt i.e CCA or deed of assignment then is there a procedure I can follow to have it removed from my credit file.

No, the debt is not factual information and does not give lenders an accurate insight into my future creditworthiness, hence the reason I am disputing it. I don't want to put the full ins & outs on here as I know the DCA read these forums.

boogiemaster

Tell the credit reference agency after waiting five months the debt collection agency have failed to produce the original credit agreement as requested.

The credit reference agency will get in touch and the debt collection agency will hopefully tell them to remove it due to lack of agreement.

boogiemaster

I'm waiting for Lowell to send me a Capital one credit card agreement.

They originally sent me a load of statements and said this proves you owe the debt now pay up.

I asked for the credit agreement again and they said they will request it from Capital one but there is no law on time limit.

That's cool with me as it get stat barred soon as its nearly six years old and this will be the second debt they haven't got paid on.

lvm

No CCA does not mean the debt doesn't exist. More often than not on this forum, DCAs will not be able to supply the CCA - this does not automatically mean it's a simple case of getting the default removed.

OP - the impression you are giving is that the debt belongs to you but you dispute the debt for some reason or another. The absence of a CCA doesn't disprove that you owe the debt.

From the limited information you are willing to give it appears the default is warranted. If you don't believe this to be true you should be disputing the debt and probably with the original lender as it's them who believe you have a debt and have sold this on.

pure_dead_dopey

if they don't have a properly executed agreement they can't take you to court, however they can report conduct of the account to the CRAs and default you and also pursue you for the money. If its about to be statute barred however, the default will fall off your records so it will disappear then. Does this help?