Removing a default notice

Niloc21

Hi, I am looking to get a default notice removed by capital one. I used a debt management company to negotiate reduced payments on all my credit cards! But recently I got a loan and paid them all off but before I did this I checked my credit report which showed a default against my capital one account! I contacted them and they informed me they had issued the default notice and default statement to me in December 2011 although I don't recall ever getting them! I asked them to provide me with a copy of the default notice and default statement as well as my original agreement! They sent out a copy of my. Default notice but wrote saying they did not have a copy of my default statement! They also sent me a copy of a general credit card agreement which was not dated or have any of my details like my name, address or signature on it so I believe they don't have a copy of my original agreement!
Do you think I will be able to have the default removed

IainHL

If, as your post implies, you have multiple credit cards that you have been making reduced payments to as part of a debt management plan, then I am surprised you don't have a credit report full of defaults! Unless, of course, your DMP has been running for some time (around 7 years or more), in which case all the other companies registered defaults far earlier, and they have now dropped off your report.

Unfortunately trying to get a default removed from your credit report could well be an exercise in futility. Did you actually make a formal CCA1974 s.78 request for a copy of your agreement to Capital One, accompanied by the £1 fee?

Niloc21

Hi Iain, I have checked and the only credit card which is showing default is the capital one which was for the lowest amount which was approx 400 pounds all other are now shown satisfied! I asked for a copy of the cca on the telephone when I was paying off my balance!i have not yet made a formal request I was just wondering if this is something they must supply me with and if they do not have it would they be obliged to remove the default notice?

Niloc21

Ps no other registered defaults as I only started the payment plan in nov 2011

Gordon_Hose

They are not obliged to remove the default if they cannot produce the CCA.