Advice On Default's

BigAd28

Morning Everyone


Like most people these days ive got a few defaults on my Credit Report.

So ive contacted the lenders and sent them the following "request for Proof Letter"

Request for proof of Default

Dear Sirs,

Account No:

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 against an alleged account I held with you.

Further to this, I have no recollection of ever receiving such a notice, and I therefore require you to substantiate this data.

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 a £1 cheque to cover the statutory fee.

2. Please also supply me with a signed, true certified copy of the original default notice.

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.

I would 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 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.

Yours faithfully




Sign digitally

So far I have two replies, both I feel trying to fob me off. The 1st is for a loan, and all "Barclays Partner Finance" did was send me a copy of the credit agreement, their letter never mentioned anything about a Default.... Advice?

Second, was from Orange. Their letter said mobile phone accounts are not subject to the CCA 1974. Nor do they legally have to notify you of a default.... again, any advice?

Adam

fermi

They are not obliged to give you a copy of the default notice with the credit agreement. That letter is mistaken.

They are not obliged to keep a copy of the default notice either, although they should have records showing when one was sent. So you could request that under a SAR (subject access request).

Orange are correct. No credit agreement or default notice are required for a mobile phone account. They are not covered by the Consumer Credit Act.

Under some circumstances they need to give you warning that a default is going to be registered on your credit report, but even then it is a strong recommendation and not a legal requirement to do so.

chanz4

Oranges would of been on the disconnection notice