Default question

tommoooooo

Hi all,

I was defaulted in 2009 for an unpaid debt on a credit card. To date the account remains unsettled.

I've recently decided to follow up with the DCA, who placed the default on my file, in an attempt to have this removed. My reasons for removal are the following:

- To this day I have still not received a copy of the supposed signed credit agreement, originally requested from the bank in 2009. This is despite numerous requests.

- I received no default notification from the DCA prior to being defaulted.

I wrote to the DCA a few months ago and they are still to provide either document.

Now, my question is...Should I be successful in having the default removed, as the account is not settled could the DCA re-default me (in the correct manner, with notification), or sell my debt to another DCA who could then default me?

I'm nearing the 6 year period for the default to be removed and don't want to run the risk of getting another with another 6 years.

Cheers!

Dave.

Tixy

They do not need to supply you with a signed copy of your credit agreement. A reconstituted copy of the agreement is considered acceptable. Have you done a formal written request for a copy of the agreement and enclosed the £1 fee?

Even if they do not supply you with a reconstituted copy of the agreement this does not mean that the default will be removed from your file. As long as there is some evidence to the debt then the default will likely remain on your file.

Did the original creditor first place a default on your credit file (which was then later removed and replaced by one in the name of the debt collector but with the original default date and details)?
If that is the case then the debt collector would not send out a new default notice.

Should you be successful in getting the default notice removed, if the debt collector or a subsequent debt collector try to issue a new default notice then you may be able to argue against this by quoting from the ICO guidance on the filing of default notices and argue that the timing of the default is unfair and not in accordance with the guidelines.

tommoooooo

Hi, yes, I have made that request on numerous occasions. All I have ever received is a single page agreement with no details relating to me or my alleged account.

I don't believe the default was removed/replaced, how would I check? Regardless I received a default notice from either company and requests for this have thus far been unsatisfied.

Dave

matttye

tommoooooo wrote: »

Hi, yes, I have made that request on numerous occasions. All I have ever received is a single page agreement with no details relating to me or my alleged account.

I don't believe the default was removed/replaced, how would I check? Regardless I received a default notice from either company and requests for this have thus far been unsatisfied.

Dave

They don't have to provide the default notice itself, only evidence that it was sent. As far as I know this could simply be a box on your file that indicates when it was sent.

Thrugelmir

tommoooooo wrote: »

Hi, yes, I have made that request on numerous occasions. All I have ever received is a single page agreement with no details relating to me or my alleged account.

What form did the account in question take?

Are you suggesting that a fraud was committed?

tommoooooo

matttye wrote: »

They don't have to provide the default notice itself, only evidence that it was sent. As far as I know this could simply be a box on your file that indicates when it was sent.

If its that simple how comes they haven't provided me with anything in over six weeks?

tommoooooo

Thrugelmir wrote: »

What form did the account in question take?

Are you suggesting that a fraud was committed?

Credit card.

Yes, a default was fraudulently placed on my credit file.

Thanks

tinkerbell28

tommoooooo wrote: »

Credit card.

Yes, a default was fraudulently placed on my credit file.

Thanks

So the credit card was not yours then? You never used it or ordered goods or services off it?