Removing a Default

Danzo100

Hi.


I have recently become debt free and am currently working on repairing my credit file. there is a letter that I am about to send off to a creditor denying ever received the original default notice.
Are there any people on here that have had success using this method. if so, any information would be appreciated.


Its down to them having to provide the correct paperwork.

Thrugelmir

Unlikely to work. As it's merely your word.

Danzo100

Dear Sir or Madam


After recently obtaining a copy of my credit file from Experian I was concerned to note that your company has placed a "Default" notice against an account in my name.
Further to this I have nO recollection of ever receiving such a notice, and I therefore require you to substantiate this data at your earliest convenience.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number XXXXXXXX.
2. You must supply me with a signed true and certified copy of the original default notice
3. Any deed of assignment if the debt was sold on

I would request that this data is provided to myself within the next 28 days, if you are unable to provide this data then I must insist that it is removed from my files as unsubstantiated.
Yours faithfully

glentoran99

im not sure youll have much luck

http://www.debtquestions.co.uk/debt_forum/viewtopic.php?f=23&t=29850

fermi

There is an obligation or strong recommendation on lenders to give you fair warning of 28 days before recording a default on your credit files under ICO guidelines.

However, the letter you have posted has been seen here many times before and is quite frankly a load of nonsense.

2 - There is no such right under the CCA or DPA obliging a creditor to supply a copy of a default notice or notice of intention to file a default. It's complete baloney, and any creditor with 1% sense will dismiss that request with a chuckle and a sigh.

3 - Ditto as above. No legislation entitles you to a copy of any DOS.

If you want to challenge anything, then you would be better basing it on fact and real guidelines.

I'm assuming the defaults are historical, so that they occurred before 1st Jan 2014.

In that case the old ICO guidance on filing defaults would apply, which say

Notices of intention to file a default

32 Lenders should tell their customers about filing information with a credit reference agency as part of the account opening procedure, in line with the requirements of the ‘fair processing code’ 4. This explanation will not normally refer explicitly to defaults and will often be distant from the events which cause them. Therefore we strongly recommend that a notice of the intention to file a default should be served. Many lenders now subscribe to trade association codes of practice which require this. This practice helps the transparency of the credit reference process and may even prompt payment, so avoiding the need to file a default at all.

33 Notices to comply with Sections 13.7 of the Banking Code 5 and 7.5 of the Lending Code 6 should provide adequate warning. A notice of intention to file a default can be sent with a formal default notice served under Section 87 of the Consumer Credit Act 1974. Where lenders are not required to issue these notices, they can send an intention to file a default through a final demand, letter or relevant account statement, which should make clear not only the intention to file but also the date of the intended default. The date should allow the customer enough time to respond properly. Lenders who have to provide a notice of intention to file a default under a relevant code of practice should be aware that not complying with the code may be taken into account in any assessment of the fairness of their processing.

34 When a default occurs in line with the criteria in this guidance, and the lender has given the customer 28 days notice of the intention to file a default, then subject to paragraph 37, the lender may supply this information to a credit reference agency despite no advance warning when the account was opened.

35 It may not be necessary to serve a notice on all occasions. We accept there are cases when there should be no doubt over a default, for example, cases:

• involving fraud;
• where the lender has been notified under the terms of a bankruptcy or IVA;
• where there has been successful court action or repossession; or
• where a customer has made no attempt to resolve their arrears.

36 We do not believe that on its own a notice of intention to file a default amounts to harassing the debtor. We accept that lenders need to take care in the wording and use of notices to avoid the possibility of harassment.

37 If a borrower fully meets the terms set out in a notice of intention to file a default, it follows that the lender should not file the default.

You should look at the relevant codes that applied at the time, and the T&Cs of any agreement you had, to see what the creditor should arguably have done at the time in respect of any notice of intention to file a default.

Note that a default notice under the consumer credit act and a notice of intention to file a default under ICO guidelines are not the same thing. They share the words notice and default but are not the same. Common point of confusion.

If you believe the creditor was required to send one and did not, or acted unfairly by not sending one even if they technically did not need to, then challenge them to show that one was sent.

Note that they don't have to provide copies. Just a record that one was sent.

SAR the creditor for their records if needed.

Now the above is not a nice neat letter like the one you posted, but at least it is based in fact. More so than the other letter anyway.

Some people have had luck with that, as not all creditors did what they should. A few people have had the FOS require defaults be removed if I recall correctly as well.

It's a longish shot though, but worth a go.

HTH

edpvito

I was living in Sweden when I defaulted on a current account - ironically an account I had opened because there were no charges for withdrawal abroad. I hold my hands up to it being my own fault with the mitigating circumstance that moving abroad is quite hectic and my post wasn't always forwarded by RM. The debt was for about £80 which because of a charge went over my £100 overdraft limit which then spiralled quickly up to about £250 over the course of a month or so. As soon as I realised what was happening I paid it off in full but it was too late to avoid a default. Now I have this with me for the next 4 years. It seems a bit harsh to have such a black mark against your name for such a small amount of money against an otherwise good credit rating. I suppose they assessed that I was abroad and decided to act definitively.