Refusal to remove defaults

SpongebobsMum

Hello,

I have had several debt collection accounts closed recently after sending 'prove it' letters, yay:beer:

but they refuse to remove the defaults. Can i force this issue or not?

fyi: I did default on the payments but, as it turns out, they did not have the proper authority/documentation to hold/operate the debts, so?? but then again neither I nor they probably knew that at the time?

Cheers,:money:

SpongebobsMum

Also, how do I know prove it docs from a creditor are actually valid?

glentoran99

They cant enforce them in court but they can default your credit file, sorry they are stuck there

peterg04

Hi try this 6 of my defaults removed

(add your address)


(Creditor address)
Dear Sir
Re accounts, (add number)
I am writing to you with reference to the defaults on these accounts that you have placed on my credit files with the credit reference agencies.
I feel that these default entries were added unlawfully and without merit. Doing so has put you liable to a breach of the Consumers Credit Act 1974, in particular s.87(1) of said Act; Section 87(1) of the 1974 Act allows the creditor to send you a default notice giving you fourteen days from the date you receive it to pay the arrears. The default notice must contain all of the necessary information under the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 ('the 1983 Regulations') which includes;

1.a statement saying the notice is a default notice served under section 87(1)
of the CCA1974
2.a description of the agreement
3.the name and address of both the debtor and the creditor
4.details of the breach (i.e. late payment) and, if the breach can be remedied, the date by which it must be remedied or, if the breach is not capable of remedy, the amount required to be paid after the expiry of the specified date;
It also states that you have a legal duty to inform me of the date of the intended default. You have not fulfilled your part under Section 87 of the Consumer Credit Act 1974.
As is clearly evident from all previous communication between us regards to these accounts listed, I never received any such notices and as a result I contest the accuracy of the defaults and until such time you can provide proof that you complied with the above Act, you must remove all derogatory data from the files of any credit reference agency.

I am more than happy to issue you a Subject Access Request which should include a copy of the documents I request, which I am hopeful will include a copy of said termination and default notices which, if they are missing, will leave 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 claimed.

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?

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.
The Default Notice will be removed
There will be no date in the “Defaulted Date” field (as it will be removed)
There will be no date in the “Date Last Delinquent” field on the report
This will apply to all 3 Credit Reference Agencies, namely Experian, Equifax & Call
Credit.
I am requesting a signed true and certified copy of the original default notices under the Consumer Protection From Unfair Trading Regulations (CPUTR) 2008, The Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983, The Consumer Credit (Enforcement, Default and Ternmination Notices) Amendment Regulations 2006 and also The Consumer Credit Act 1974 (c.39) – s.87 & s.88 Guidance, and The Consumer Credit Act 2006 (Amendments)
I look forward to your response and assistance in this matter

Kind regards


you have nothing to lose by trying

SpongebobsMum

peterg04 wrote: »

Hi try this 6 of my defaults removed

(add your address)


(Creditor address)
Dear Sir
Re accounts, (add number)
I am writing to you with reference to the defaults on these accounts that you have placed on my credit files with the credit reference agencies.
I feel that these default entries were added unlawfully and without merit. Doing so has put you liable to a breach of the Consumers Credit Act 1974, in particular s.87(1) of said Act; Section 87(1) of the 1974 Act allows the creditor to send you a default notice giving you fourteen days from the date you receive it to pay the arrears. The default notice must contain all of the necessary information under the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 ('the 1983 Regulations') which includes;

1.a statement saying the notice is a default notice served under section 87(1)
of the CCA1974
2.a description of the agreement
3.the name and address of both the debtor and the creditor
4.details of the breach (i.e. late payment) and, if the breach can be remedied, the date by which it must be remedied or, if the breach is not capable of remedy, the amount required to be paid after the expiry of the specified date;
It also states that you have a legal duty to inform me of the date of the intended default. You have not fulfilled your part under Section 87 of the Consumer Credit Act 1974.
As is clearly evident from all previous communication between us regards to these accounts listed, I never received any such notices and as a result I contest the accuracy of the defaults and until such time you can provide proof that you complied with the above Act, you must remove all derogatory data from the files of any credit reference agency.

I am more than happy to issue you a Subject Access Request which should include a copy of the documents I request, which I am hopeful will include a copy of said termination and default notices which, if they are missing, will leave 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 claimed.

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?

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.
The Default Notice will be removed
There will be no date in the “Defaulted Date” field (as it will be removed)
There will be no date in the “Date Last Delinquent” field on the report
This will apply to all 3 Credit Reference Agencies, namely Experian, Equifax & Call
Credit.
I am requesting a signed true and certified copy of the original default notices under the Consumer Protection From Unfair Trading Regulations (CPUTR) 2008, The Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983, The Consumer Credit (Enforcement, Default and Ternmination Notices) Amendment Regulations 2006 and also The Consumer Credit Act 1974 (c.39) – s.87 & s.88 Guidance, and The Consumer Credit Act 2006 (Amendments)
I look forward to your response and assistance in this matter

Kind regards


you have nothing to lose by trying

ah ha, will give this a try. thank you :beer:

tomtontom

Are the markers a correct reflection of your payment history? If so, why do you think they should remove them? For that matter, why do you think you should not pay back what you agreed to?

chanz4

wish people would not post false hope, none accurate templates like this

peterg04

No one has to use the same letter. It's up to the individual to choose
Aren't you a debt collector anyway so why feel the need to put pepple off

chanz4

no not a debt collector, ex warrant enforcement in theft

SpongebobsMum

Hi

why do say this is false hope?

many thanks,

SpongebobsMum

careful you'll fall from up there