How to remove defaults on credit file

mejjo203

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.

I'm just wondering,
Do creditors legally have to issue a notice of default before they register it with the credit reference agencies?

fermi

mejjo203 wrote: »

I'm just wondering,
Do creditors legally have to issue a notice of default before they register it with the credit reference agencies?

https://forums.moneysavingexpert.com/discussion/3172602

From the Information Commissioner.

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 ICO 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

mejjo203

fermi wrote: »

https://forums.moneysavingexpert.com/discussion/3172602

From the Information Commissioner.

Thank you for that information,
Very helpful

kgw1009

Another default removal process. Does this one work?

peterg04

No one has to use the letter but I can assure you that at time of posting 6 of my defaults were removed or updated to (upp to date ) it worked for me just thought it might help others. Often creditors make mistakes because their staff do not know all the rules.

chanz4

rizla_king wrote: »

ex debt collector. That explains a lot

I used to deal with the theft side mainly

peterg04

Believe it or not another creditor has agreed to remove default as they checked their documents and never issued a default to me

Rvpmba

Hi Peter,
Can you please send me copy of that letter to on RVPMBA@GMAIL.COM as I have 4 default account too.

Thank you.