Removing defaults

dav3

Hi,

I'm attempting to have some defaults removed from my credit file that were placed by Natwest.

To give some background, I was on a debt management plan for a few years, all accounts have now been settled however the accounts in question have a couple of years left until the defaults should automatically drop off.

So I'm attempting to coax NW in to removing them early by following the guide on learn money co uk (as a new user i'm unable to provide the exact url) , if you google remove default notice it should be at the top

There are 3 accounts that I have approached them about -

1. Current account
2. Credit card
3. Personal loan.

I wrote to them citing Section 78 as per the first letter in the guide requesting a copy of the default notice and credit agreements etc. I referenced all 3 accounts in the same letter.

NW have responded commenting that "Section 78(1) of the consumer credit act applies to active agreements and therefore, we are under no obligation to provide you with the requested documents as the obligations to us under the agreement have ended."

In this letter they have only actually referenced the credit card account, no mention of the other two. It's actually the other two that I care about mainly as the credit card account default will fall of my credit file soon anyway.

So my questions are -

* Is it correct that Section 78 only applies to accounts that are still active ?
* Should I reply and ask that they also confirm the same applies to the other two accounts ?

I know for at least one of the other two accounts NW do no longer have the credit agreement as they had admitted this in a previous letter, I recall that they commented that the debt was no longer enforceable but should I not pay they would make sure that it was reported in my credit file, I did the decent thing and paid it off anyway.

Any other advice for the best way forward would be very much appreciated,
Thanks,
D

fermi

Yes, once the agreement is ended and nothing is left to pay s77/8 no longer apply.

Also does not apply to current account overdrafts no matter what.