How to remove defaults on credit file

peterg04

Hi

I recently looked at my credit file, I stupidly took out a couple of years ago payday loans, after doing some research I found a way of getting them removed, I wrote to all my default creditors 10 in total I have just checked my file and 6 have been removed. I am happy to send a letter to emails so that you can follow process

peterg04

I stupidly took out a couple of years ago payday loans which I struggled with. When checking my credit file I had 10 defaults, after doing a lot of research I found a clause in the defaults. For these to be put on your file the creditor has to follow strict guidelines.
I recently as Saturday sent letters to my creditors via email and post, demanding under the criteria, (all in the letter) that they are possibly in breach of guidelines. Today being Thursday i have checked my file and 6 defaults have been removed. as for the others they have 14 days to respond before I send the next letter, to continue the process.

bamgbost

Can you share what that clause was?

peterg04

Hi bamgbost

I will do better than that I will send you the letter if you inbox your email.

glentoran99

Why not post it here so we can all follow?

peterg04

(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

chanz4

haha are you sure the debts are not been sold, that letter contains so many false statments

rizla_king

For once Chanz4 is right. That letter is complete nonsense. The validity of defaults on your credit file has nothing to do with default notices under the consumer credit act. Dont need a correct one of those to place a credit file default. ICO have published advice saying just that. There is a link somewhere on the forum. If that got defaults removed then its coincidence, the debts was being sold anyway, dumb luck, or just very very dim creditors who are pathetic enough not to know the law.

chanz4

rizla_king wrote: »

For once Chanz4 is right. That letter is complete nonsense. The validity of defaults on your credit file has nothing to do with default notices under the consumer credit act. Dont need a correct one of those to place a credit file default. ICO have published advice saying just that. There is a link somewhere on the forum. If that got defaults removed then its coincidence, the debts was being sold anyway, dumb luck, or just very very dim creditors who are pathetic enough not to know the law.

lol, I am legally trained and 12 years debt enforcement for utilities

rizla_king

ex debt collector. That explains a lot

Gordon_Hose

rizla_king wrote: »

ex debt collector. That explains the bs.

burn!!! :t:t:t:t:t