Default removal

Robbo1987

Hi guys

I am currently in the process of writing letters to two different companies in regards to getting defaults removed from my credit file. I am desperate to get them removed as its stopping me getting a mortgage. One of the defaults was registered in 2009 for around £100 and another in 2012 for around £200, both of which have been fully settled. I have read a post which has given me advice about how to apply for a removal (unlikely but worth a try). However I am unsure about a few things.

1- I have read that companies are required by law to reply to any letter that is sent to them. What do I do if they dont reply? (all my letters are through recorded delivery)

2- I have read the reply must be within 28 days, but if its outwith the 28 days, what legal action am I able to take?

3- They have to be able to provide proof of original default notice? If they cant provide this the defualt has to be removed. If this is the case, what if they refuse? How do I enforce this?

Any help would be much appreciated

p.s. All my letters have been sent recorded delivery

Robbo1987

BugsyBrowne

Quick question....After months of letters from the companies in question did you or didn't you keep to the T&C's and pay back what you borrowed
Yes or no?

Do you know how credit reports work and why they exist, it's generally used for lenders to access the credit history of potential borrowers on whether or not to grant them credit and your current creditor to report your payment history like late/missed payments etc.

I'm afraid you'll have to wait until 2016 for your credit files tonne free of defaults.

And no they don't need to provide proof of original paperwork that's an old wife's tale.

matttye

They only have to show that a default notice was sent, I think, which could simply be a tick box or a date showing when it was sent.

Also, I think that relates to a 'default notice' rather than a 'notice of intention to file a default notice with credit reference agencies,' which aren't mandatory.

Read this: http://www.ico.org.uk/~/media/documents/library/data_protection/detailed_specialist_guides/default_tgn_version_v3%20%20doc.ashx

Sending notices is highly recommended by the OFT&ICO, and is a requirement of some trade associations (check if your lender is with a trade association), but there's nothing in law that requires them to be sent. It's just good practice.

PaulW922

On the basis that the defaults as recorded are accurate, then I am afraid you will not be able to get them removed. As BugsyBrowne says above, they will drop off your file after six years from the date of default. Your defaults are small which is not as bad as it could be, but the recent 2012 one is really going to hurt.

So, what can you do to make getting a mortgage easier? Well...

You can make sure the defaults are properly recorded as settled.

You can build up history of well managed credit such as a current account (inc basic ones)', use a service such as the Cash Plus credit builder prepaid card, get a 'bad credit' card such as Vanquis, Aqua, Barclays Initial, or Capital One classic and use it sensibly to show future potential lenders that you have put your bad credit management behind you.

I would then suggest you ask a mortgage broker or advisor which products are available to you. Some lenders will now consider people with older defaults etc. You will need to be prepared for a higher mortgage rate than you may get otherwise and perhaps a larger deposit.

I don't think anyone can give you any accurate guidance on a likely rate or deposit as very case is different.

Credit defaults are bad news and any potential mortgage lender is going to ask themselves, 'if this person cannot manage a credit account with £100 and £200 of debt properly, do I really want to lend them £150,000?'

Evaflorence16

I hope you don't mind me butting in but can't figure out how to start my own post....thought you might be able to help....y

I was sent a default notice in May - I paid the arrears by the date asked, I then forgot to keep up payments as they had cancelled my direct debit due to earlier discussions on financial payments....I didn't get any notification until an exterior company rang me up last week! Can I do anything about it? Any help would be appreciated

Tixy

Evaflorence16 wrote: »

I hope you don't mind me butting in but can't figure out how to start my own post....thought you might be able to help....y

I was sent a default notice in May - I paid the arrears by the date asked, I then forgot to keep up payments as they had cancelled my direct debit due to earlier discussions on financial payments....I didn't get any notification until an exterior company rang me up last week! Can I do anything about it? Any help would be appreciated

Hi and welcome to the forum.

To start a new post click on the icon on the relevant board of the forum, it appears on the top left and bottom left of each board page.

What debt does this relate to?
Have you made no payments since May?

By exterior company do you mean a debt collection agency?
Have you had any letters from them? do you live at the same address as where the debt was taken out?

Are you in a position to repay the debt in full? or will you need to repay in instalments?