Default Help

samuelkelsey

Hi there I tried posting this in another area of the site and was met mocking and not much help so i'll try here!!

Not sure if this is the right thread but here goes. Im not going to dish out a sob story but a default was placed on my account 3 years ago the account was promptly settled and the account closed. Im now in a situation where im looking to buy a property, my credit profile is absaloutely spotless apart from the default (809 out of 999) with no late payments or defaults but the default is seriously affecting my chances of mortgage.

I started of by firstly asking politely if the default could be removed sent my credit profile proving my previous track record and that it was a one off mistake to which Home Retail Group or Argos took 8 weeks to reply to saying ultimately saying no.

I took a more aggressive approach following this requesting a copy of my CCA under S74 so I could then dispute and issue a S10 Data protection order to remove anything from my credit profile.

Argos replied saying because the account is settled they aren't obligated to send me a copy of my CCA, is this true? anyone have any ideas how to proceed from here? as I know they were well within the rights to issue the default it just seems harsh with my previous payment history and has put me in a pants situation for the near future.

Many Thanks

Sam

fermi

samuelkelsey wrote: »

Argos replied saying because the account is settled they aren't obligated to send me a copy of my CCA, is this true?

Yes, that is true.

OFT1272 - Guidance on section 77, 78 and 79 of the Consumer Credit Act 1974

4 WHEN THE DUTY DOES NOT APPLY

4.1 Sections 77, 78 and 79 set out a limited number of situations where the duty to supply copies and statements does not apply.

It does not apply when the request is made less than one month after a previous request relating to the same agreement (regardless of whether the request was made by the debtor themselves or by someone else on their behalf).

It does not apply to an agreement under which no sum is, or will or may become payable by the debtor or hirer.

It will therefore not apply where the agreement has been paid off and terminated.

Lack of a CCA would not help you get a default removed anyway.

knoxvillain

Did you get sent a notice of default before it? Ask them for a copy or proof they sent one if you didn't.

happy_bunny_2

Subject access request should get everything they have on you

samuelkelsey

Ok thank you for the help, I sent everything in writing via recorded delivery, i'll pay the £10 and do a subject of access request and see what shows up

DevCoder

See
https://forums.moneysavingexpert.com/discussion/4171729

I personally think it's a waste of £10 but rarer things have happened.

knoxvillain

krisdorey wrote: »

I personally think it's a waste of £10 but rarer things have happened.

Well I managed to get one removed for the price of a stamp so it's worth a shot.

BugsyBrowne

Look you screwed up and damn right you should have a default even if you have had a past good payment history.

The CRA's are there for a reason!!!