Removing Default from 2006

meinnit

I am trying to get a default removed from my credit file for a current account from July 2006. I know it's only 2 months left until it's removed but I would like it removed ASAP.

Three weeks ago I sent a letter to the bank requesting the usual documentation (copy of agreement, default notice and deed of assignment of debt).

I received a reply today and they only provided the copy of agreement and a final demand letter. They also said the following:

"I am unable to provide you with a statement of account as your account was transferred to (Debt collection agency) on 10 July 2006. As such, I would recommend that you contact (Debt collection agency) directly to obtain an up to date balance and agree future repayments."

As I understand the bank is required to supply the original default notice. They can only supply me with the final demand which doesn't include any reference to a default being applied. Can I reply demanding the default notice and is this enough grounds to have the default removed? Are they in breach of providing this information within 28 days from the date of my original letter? In that case they have 1 week left.

Thanks!

chanz4

They only have to say when it was sent, and for a note to of been insertted into the accounts history.

meinnit

chanz4 wrote: »

They only have to say when it was sent, and for a note to of been insertted into the accounts history.

I thought they need to keep a copy? This was taken from the Data Protection Technical Guidance from ICO

39 Records

Any default record should be accurate. We normally expect a lender to keep records that are necessary to show an agreement exists and to support filing a default. We would also expect a lender to be able to produce evidence to justify a default record they had placed on a credit reference file. Not having any supporting records may indicate a breach of the data protection principle requiring personal data to be adequate, relevant and not excessive for the purpose for which it is processed. A record that a notice of an intention to file a default was sent, if not a copy of the notice itself, will help lenders to comply with this requirement.

meinnit

Reading that again, it says that "a record that a notice of an intention to file a default was sent". I guess that could simply be a note on the account to say it was sent.

meinnit

Anyone got a reply for me?

fermi

There is nothing in the Consumer Credit or Data Protection Act that obliges a lender to keep a copy of the default notice, and nothing in the Consumer Credit Act that says they have to supply you with a copy on request.

As the ICO guidelines state, a record that one was sent is usually sufficent to support the filing of a default.

Honestly, even if you argue the toss on that, it's likely to take longer than the default has left on your file to resolve. Probably best to just leave it. July is not long away.

chanz4

Op you said it yourself a record.

Quadrophenic

Was the default placed on the account in error? I've very recently successfully gone through this process with Nationwide so I know how to do it. If it wasn't placed in error then I'm afraid I'll be of no help.

McKneff

If an error had occurred and you had to go through all the rigmarole of disputing it even at this stage it would probably take another 2 months to sort it out.

I would just be patient and leave it to drop off automatically.

Why are you in such a hurry

meinnit

Thank you very much for the replies. I thought that I might still have a case due to the lack of default notice but as some of you have confirmed, it doesn't seem that I have much of a case unfortunately. I think I'll just let it expire.

I am about to apply for a mortgage and wanted it removed but I think it's already old enough not to affect it.