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How to remove a default?

If the company cant provide an original credit agreement, how do you go about removing an entry and default from your credit file?

Thanks

Comments

  • sammy115
    sammy115 Posts: 15,267 Forumite
    Have you asked for the original CCA and then asked them if they can't to remove the default?

    Read this link - ignore the ads at the top.

    Let me know how you get on!

    http://www.learnmoney.co.uk/credit-cards/remove_default_notice.html
    Quality is doing something right when no one is looking - Henry Ford
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    OK. This is the position legally.

    The original creditor is is legally responsible for maintaining the information held by the CRA's. The CRA's only report what they are told, so if you complain to them they will simply refer you back to the creditor.

    Therefore, to get an entry corrected, you must write to the creditor including something along the lines of:
    Dear Sirs

    Re: Account Number xxxxxxxxxxx

    After consultation with both the Information Commissioner and the Credit Reference Agencies, I am writing directly to you to request that you formally update my credit files in accordance with the Data Protection Act.

    Currently the information that you have recorded against my name with the Credit Reference Agencies is factually incorrect, and despite several written requests to your customer services , as yet your company has failed to correct the entries as required.

    The Information Commissioner has indicated that I should allow you 28 calendar days from the date you receive this letter to comply, during this time you are requested either to update the Credit Reference Files correctly (of all three Credit Reference Agencies) or notify me in writing the reasons that you refuse to.

    After the 28 days have elapsed the Information Commissioner has requested that I inform them if your company fails to update the records so that they may take any necessary enforcement action against your company.

    Yours faithfully......

    Add your own personal details to this letter.

    If the creditor refuses, then you should complain to the Information Commissioner, since the creditor is breaching the Data Protection Act.

    See: http://www.ico.gov.uk/

    Due to the introduction of recent legislation, it is the Information Commisioner who has sole jurisdiction over matters covered by the DPA.

    Please look at their website and phone their helpline before proceeding, so that you have the correct advice.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
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