BOS can not provide me with a copy of my defaulted credit agreement...advice pls..

crazyfruit7

Having recently checked my credit file with Equifax I noticed a defaulted account dating back to June 2007 with Halifax.

I recently wrote to Halifax with the below letter:

Dear Sir/Madam:
Having check my credit file with Equifax it notes that I may have a default account with you which was last updated to reflect an old address:


ADDRESS

There is no account number shown on my credit file. The default dates reads 07/06/2007.
Further to this, I have no recollection of ever receiving such a notice, and I therefore require you to substantiate this data at your earliest convenience.
I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose £1 in payment of the statutory fee.

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.
Yours faithfully,

My name

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I do not know the account number other than the four digits which are shown on my credit file. The rest of the number is marked with X's.
However - I would of expected Halifax to be able to track my account via the address (either my current or the address where the account supposedly defaulted to) both of these address' have been supplied in the letter.

Today I received a letter from Bank of Scotland (I think Halifax is now part of this group) stating:

Dear Mr X,
I refer to your attached letter.

You have not quoted a valid account number and I can not trace you account with the details provided.

Section 78 only applies during the lifetime of the agreement. If the above numbered account has been closed, then there is no longer a regulated agreement between ourselves.

In view of the above, we are unable to provide you with the documentation requested.

I have enclose a cheque for £1.

Yours faithfully,

Mrs X

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Could someone please advise me as to my next move? I had planned to send the '12 day default letter' as per many other suggestions on this website and the given template letter

Presumably if they cant give me any proof of the account existing - then its no longer contractual?

Thank you.

fermi

If the account in question has been closed and paid off, then they are correct.

Requesting a copy credit agreement is not really the way to go on things like this any more.

Rather, you need to just challenge them on the existence of the account and the fact that if it's not yours then they are breaking the Data Protection Act and recording defamatory data on your report without justification.

So first enter a dispute via the credit reference agency.

Then dispute directly in writing with the bank.

See page 19n onwards of: http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/credit_explained_leaflet_2005.pdf

You demand that they provide proof to substantiate the default recorded on your report, otherwise you require then to remove it under the data protection act.

They are obliged to comply with that, and there is no way for them to wiggle out of it on a technicality.

Make sure you also ask for their "final response", as you will be taking your complaint to the FOS and Information Commissioner if they do not sort it.