BCW unable to obtain copy of credit agreement

Hello.world_3

In an effort to sort my credit file out paying back defaults etc, I wrote a letter to BCW detailed below


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 my name.

Further to this I have no recollection of ever receiving such a notice of default, 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.

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 this default is removed from my file, as this default is unsubstantiated.

Yours faithfully


They have responded with this letter.


We write further to your request for a copy of the credit agreement, statement of account and default notice for the above mentioned account.

We have been unable to obtain a copy of your credit agreement, statement of account and default notice from ** CREDITOR ** at this time and have therefore closed our file until such time as we are able to provide you with these copies. We will not pursue you for the remaining balance however the entry on your credit file will remain as a default.

Should you believe the account in question has been obtained fraudulently, please report the matter to Action Fraud in order to obtain a crime log or incident number.

blah blah blah about action fraud.


Now where do I stand on getting this default Removed from my account! I was even prepared to pay the balance to have it removed. But after learning the hard way that paying it back will not remove the default at all.

Thanks guys

Hello.world_3

I have wrote my second letter to response with them and will print and send this on Monday morning.

is there anything you think i could include or remove from this letter found below


Dear Sir or Madam.

Your Reference: B17876996

Thank you very much for your letter dated 4/06/2015

In your letter part of your response and I quote:

We have been unable to obtain a copy of your credit agreement, statement of account and default notice from Provident Personal Credit at this time and have therefore closed our file until such time as we are able to provide you with these copies. We will not pursue you for the remaining balance however the entry on your credit file will remain as a default.

Now as a responsible lender you have left my belief in your understanding of the legal obligation BCW must obey when reporting data to the credit reference agency’s to be questioned.

As I have already issued you a Subject Access Request which requested a copy of the documents, that you failed to supply under Section 78 of the Consumer Credit Act, if they are missing, this leaves me no alternative but to seek legal enforcement via CPR31.16. Without sight of said default notices, I cannot argue their authenticity, enforceability or execution and therefore will use this as my claim if I am forced into taking legal action, all costs will also be reclaimed from BCW.

As I was never in receipt of any of the statutory documents (Notice of Termination of Contract; Notice of Assignment or Default Notices) then the actual default notices that are shown on my credit file are unlawful and should be immediately removed. I do not want to take this through the courts but I will enforce removal by judgement if necessary, at the end of the day you have acted unlawfully by not issuing fully compliant and correctly executed legal documents.

I must insist that the following requests be carried out;
a) The Default Notice will be removed
b) The Status of the account will change from “Defaulted” to “Settled”
c) The Current Balance will appear as £0.00
d) The Default / Delinquent Balance will be set to £0.00
e) There will be no date in the “Defaulted Date” field (as it will be removed)
f) There will be no date in the “Date Last Delinquent” field on the report
g) This will apply to all Three Credit Reference Agencies
Please note that this letter is not a complaint and should not be dealt with as a complaint. It is a NOTICE BEFORE ACTION. You have been dealing with this since the 15/05/2015 and have had more than enough time to provide evidence in which you have already confirmed you cannot supply regardless of your legal obligation of Section 78 of the Consumer Credit Act. If you reply that this default will not be removed, I will start immediate action against your company at your expense.

I have constructed my letter to the Information commissioner’s office and the Office of fair trading standards in preparation of a negative response.

I have also reported this information to the credit agencies as substantiate to have a notice of correction placed on my file whilst proceedings may be required in the near future. Stated below


I, Mr My name, state that this defaulted account is inaccurate and reported illegally. I dispute the right of the data provider to report this information and have yet to receive a true signed copy of a credit agreement, a novation agreement, deeds of assignment or a default notice. I have received a response to my section 10 request that states an I quote “ We have been unable to obtain a copy of your credit agreement, statement of account and default notice” also “ We have therefore closed our file until such time as we are able to provide you with these copies. We will not pursue you for the remaining balance however the entry on your credit file will remain as default“ I am not satisfied that any evidence has been provided to substantiate the accuracy of this information and I would like it to be known that the account has been closed by the data provider

It would, however, be in both our interests if you simply agree to remove the defaults, being there are so many inconsistencies with the alleged default notice, the execution, the enforceability and the legal compliance that you must surely have no other alternative but to remove it, least of all as a gesture of goodwill?

I look forward to a hopefully positive reply to ensure this matter can end sooner rather than later.

Yours Faithfully

glentoran99

The don't have to remove the Default for no credit agreement

Tixy

I doubt that letter will get you anywhere.

However if you did still intend to send it then a couple of starting points-
1) it states you sent a subject access request - have you? (a sar is a request under the data protection act and you need to include a £10 fee and give them 40 days to reply).
2) the letter refers to the OFT, they don't exist anymore

If you had sent a subject access request which they have ignore then I would make a complaint to the ICO.
If you genuinely thought this wasn't your debt (e.g. if there was an address mismatch and they are really looking for someone else with the same name as you) then I would make a complaint to them and then to the FOS about having the whole entry removed from your credit file.

Hello.world_3

Ok ive changed it silighty do you think this will have a better chance?


Dear Sir or Madam.

Your Reference: B17876996

Thank you very much for your letter dated 4/06/2015

In your letter part of your response and I quote:

We have been unable to obtain a copy of your credit agreement, statement of account and default notice from Provident Personal Credit at this time and have therefore closed our file until such time as we are able to provide you with these copies. We will not pursue you for the remaining balance however the entry on your credit file will remain as a default.

Now as a responsible lender you have left my belief in your understanding of the legal obligation BCW must obey when reporting data to the credit reference agency’s to be questioned.

As I have already issued you a request of data including a copy of the documents, that you failed to supply under Section 78 of the Consumer Credit Act, if they are missing, and you are not willing to remove this incorrect data this leaves me no alternative but to seek legal enforcement via CPR31.16. Without sight of said default notices, I cannot argue their authenticity, enforceability or execution and therefore will use this as my claim if I am forced into taking legal action, all costs will also be reclaimed from BCW.

As I was never in receipt of any of the statutory documents (Notice of Termination of Contract; Notice of Assignment or Default Notices) then the actual default notices that are shown on my credit file are unlawful and should be immediately removed. I do not want to take this through the courts but I will enforce removal by judgement if necessary, at the end of the day you have acted unlawfully by not issuing fully compliant and correctly executed legal documents.

I must insist that the following requests be carried out;
a) The Default Notice will be removed
b) The Status of the account will change from “Defaulted” to “Settled”
c) The Current Balance will appear as £0.00
d) The Default / Delinquent Balance will be set to £0.00
e) There will be no date in the “Defaulted Date” field (as it will be removed)
f) There will be no date in the “Date Last Delinquent” field on the report
g) This will apply to all Three Credit Reference Agencies
Please note that this letter is not a complaint and should not be dealt with as a complaint. It is a NOTICE BEFORE ACTION. You have been dealing with this since the 15/05/2015 and have had more than enough time to provide evidence in which you have already confirmed you cannot supply regardless of your legal obligation of Section 78 of the Consumer Credit Act. If you reply that this default will not be removed, I will start immediate action against your company at your expense without further correspondence of request of said data and/or requesting for the incorrect data to be updated.

I have constructed my letter to the Information commissioner’s office in preparation of a negative response and have a solicitor in place who is prepared to take on this case thankfully after your letter stating you do not have this data to provide.

Paul Dodd’s Solicitors
Wallsend
Tyne & Wear

I have also reported this information to the credit agencies as substantiate to have a notice of correction placed on my file whilst proceedings may be required in the near future as advised by my legal appointee. Statement below


I, Mr My Name, state that this defaulted account is inaccurate and reported illegally. I dispute the right of the data provider to report this information and have yet to receive a true signed copy of a credit agreement, a novation agreement, deeds of assignment or a default notice. I have received a response to my section 10 request that states an I quote “ We have been unable to obtain a copy of your credit agreement, statement of account and default notice” also “ We have therefore closed our file until such time as we are able to provide you with these copies. We will not pursue you for the remaining balance however the entry on your credit file will remain as default“ I am not satisfied that any evidence has been provided to substantiate the accuracy of this information and I would like it to be known that the account has been closed by the data provider

It would, however, be in both our interests if you simply agree to remove the defaults, being there are so many inconsistencies with the alleged default notice, the execution, the enforceability and the legal compliance that you must surely have no other alternative but to remove it, least of all as a gesture of goodwill?

I look forward to a hopefully positive reply to ensure this matter can end sooner rather than later.

Yours Faithfully

rizla_king

If it was your account then its not reported illegally. Those documents even if they existed, which they dont have to, have nothing to do with reporting defaults on credit files. A 5 min web search could have revealed that to you, that letter you sent initially was just a load of balls and this has been tested right up to the High Court and court of appeal. Carey and McGuffick to name a few. You have been hoodwinked by a plausible but ultimately factually and legally flawed letter you have found somewhere on the internet. You are not the first or last, so no disrespect in that. I'm being blunt as it needs to be said.

If it never was your debt then that is different but then you are again going about it all the wrong way.

Hello.world_3

If im going about it the wrong way can you point me in the right direction please

Thanks

rizla_king

Is it your debt? yes/no?

If it is YOURS do you DENY that you failed to keep up with the payments?

If you dont deny that, is the default date within 6 months of when that happened?

rizla_king

I see from your other thread that these debts are yours and you dont deny t you did default at the time and presumably dates must be about right. Youlll just have to wait out the 6 years on any default then.

Sorry. Just trying to be realistic and honest here.

Sometimes there are just no ways around things, and it is better to be told that rather being sent down a false trail that will only cause hassle and wasted effort, and no small amount of grief if you tried the 'legal' route based on it.

Bye and good luck.

chanz4

Creditor is not obliged to provide these, only has to show a default was sent!


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. )commercialy sensitive and nothing todo with you

fermi

ICO documents - lines to take.

CRA Default on a credit file Vs default under the CCA

I was not sent any default notices, should the default on my credit reference file be removed?

In most cases, the answer will be ‘no’, provided that adequate fair processing information was provided when the account was originally opened.

It may help to explain that a “default” on an individual’s credit file does not mean that an individual has been defaulted under the Consumer Credit Act; essentially, the same word is being used to describe two slightly different things (which can obviously lead to some confusion). Instead, a “default” on a credit file simply means the lender considers the relationship between itself and the individual to have broken down.

Therefore, whilst it may be a requirement of the Consumer Credit Act to issue default notices, there is no DPA obligation on a lender to issue a default notice to individuals before marking an account as being in default on their credit file. Although we advise that it is good practice to issue a notice, lenders will often have provided individuals with fair processing information about defaults and notices in the terms and conditions when the account was opened. Provided this was the case, then it is likely to satisfy the “fairness” aspects of the first principle.


CRA Defaults - Guidance for filing defaults

Updated guidance for filing defaults with credit reference agencies was published on 1 January 2014.

The official site can be accessed at http://www.scoronline.co.uk/key_documents/ and the relevant document is entitled Principles for the Reporting of Arrears, Arrangements and Defaults at Credit Reference Agencies.

This is not the ICO’s guidance but a new document drawn up by the credit industry in consultation with the ICC which is now intended to be the main source of information for the public on this topic.

This may create some impact on calls to the Helpline or complaints received where an individual is concerned that a default has been registered incorrectly on their credit reference file.

Although the new guidance does not cover this in any depth, it is important to make individuals aware that there is a difference between a ‘default notice’ and a ‘default’ registered on a credit reference file.

A ‘default notice’ is a communication a lender should usually send to a borrower before defaulting a credit agreement regulated by the Consumer Credit Act (CCA). There is not necessarily any DPA obligation on a lender to issue a default notice to individuals.

Although we advise that it is good practice to issue a notice, lenders often provide individuals with fair processing information about defaults and notices in the terms and conditions when the account is opened. If this is the case then this is likely to satisfy the “fair” aspect of the First Principle.

The term ‘default’ on credit reference files is used to refer to the situation when the relationship between lender and borrower has broken down, and this scenario is explored in more detail in the updated guidance on defaults.

So essentially, the absence of a formal ‘default notice’ would not prevent a default from being registered on an individual’s credit reference file. If there are outstanding payments or arrears in respect of a loan or other account then an organisation would be within its rights to record this at the credit reference agencies. Providing the information recorded is an accurate reflection of events then the Fourth Principle would not be contravened. Legislation DPA