We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Default removal

Hi,

Just a question about attempting to getting defaults removed.

I was attempting to have a default removed for an account which was passed to a debt collection agency some time ago and is now marked as settled. I sent off letters quoting section 77 of the consumer credit act and requesting information. I recently received a reply which states that subsection 3 of section 77 states:
"Subsection(1) does not apply to - (a) an agreement under which no sum is, or will or may become payable by the debtor..."

They claim that since the account shows a zero balance they are under no obligation to supply any information, even to validate the default notice. Is this correct, and if so is there anyway I can go from here?

Thanks in advance for any help.

Comments

  • Subject Access Request under Data Protection Act. Ask them to produce everything they hold on you. Will probably cost you £10 though

    It's highly unlikely you'll get it removed unless you can prove it shouldn't be there at all or they made mistakes in how they went about recording it.
    Defaultless as of 12th Sept 2012 :)
    Listen here default Dave why don't you take your bullsh*t and stick it up your defaulted ar*e and then stick your defaulted credit report and stick it in your defaulted gob.
  • McKneff
    McKneff Posts: 38,857 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Unless you can categorically say and prove that the company made a mistake putting this default on your record then you have absolutely no chance of getting it removed.

    It is a true record of your credit history so I would save your time and your tenner to be honest.

    It will be there for 6 years.
    make the most of it, we are only here for the weekend.
    and we will never, ever return.
  • chanz4
    chanz4 Posts: 11,057 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Xmas Saver!
    nolonger a valid agreement, so nope they dont. dpa request only way, and if failry recent it will of been right
    Don't put your trust into an Experian score - it is not a number any bank will ever use & it is generally a waste of money to purchase it. They are also selling you insurance you dont need.
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 352.1K Banking & Borrowing
  • 253.5K Reduce Debt & Boost Income
  • 454.2K Spending & Discounts
  • 245.1K Work, Benefits & Business
  • 600.7K Mortgages, Homes & Bills
  • 177.4K Life & Family
  • 258.9K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.2K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.