Request Default removal

moo245

Hi all, hoping to get a little advice on attempting to remove a default from my credit file.

The basic story: I had a debt originally with HSBC which was sold to a debt collection company. I entered a debt management plan and was around 3 years in when I was in a position to offer partial settlement on the debt, which was accepted and went through. After recently obtaining a copy of my credit files I saw that the date of settlement of the account was 01.09.2010, but on this date the debt collection company also placed a default notice on the file. These are the only two entries for this company on my credit file.

I have written to them requesting a copy of the CCA, and the original default notice (which i don't remember receiving) but have got a response that as the account is closed they do not have to provide the CCA. They've made no mention of the default. I was wondering if anybody had any advise on my next step. I understand that they legally don't have to provide the CCA if the account is closed, but what about a copy of the default notice? I am struggling to understand why they have settled the account, and placed it in default on the same date.

Any help or advice would be gratefully received.

fermi

When was the debt sold to the collectors?

What is the "default date" listed on the credit file entries? Not the dates of Ds or 8s as they are just status updates not defaults, but the actual listed "default date".

moo245

The letter from the debt collectors stating the debt was assigned to them is dated 14.01.2009

The "default date" listed is 01.09.2010 and the "date satisfied" is the same.

fermi

In that case, other issues aside, I would write pointing out that

- Under the ICO guidelines applicable at the time the referral or sale of the account to a collection agency is a clear indicator of a default.

- In order not to breach the requirements of the Data Protection Act that data reported must be accurate and not reported for longer than necessary, the date of the default if recorded MUST be before or no later than the date of assignment to DLC.

- You demand that it is backdated to 14.01.2009 (this will in effect remove it ) or removed.

- Should they refuse to backdate/remove the default you will be reporting their breach of guidelines and DPA to the ICO, and taking them to the FOS as a formal complaint.

moo245

Thanks very much, I'll write back to them and see what they say