Removal of a Default on Credit File

xlnc99

Hi Guys

Quick question on removing a default (not in error) but basically trying your luck with the creditors.

I have read a few success stories on here and i realise its a long shot and not everyone will comply but its a worth a go. Ive done a bit of research on this subject and it seems there are three main options in removing a default: My first question is, which is the best method

* Paperwork - Ask for proof that a letter was sent out, (they may have misplaced it if its an old default), i believe defaults are not valid if no paperwork is sent out

*Goodwill Gesture - Ask them to do it as goodwill gesture and plead with them

*Offer Full Payment - In exchange for a removal of a default

Question 2
Natwest had put a default on me for a late overdraft but was sold to lowell. Who has the authority to remove the default is it lowell or Natwest. My impression was it would be Natwest but from what i have read on here it seems people have got the debt companies to remove the default even though it was originally put on by Natwest. Can anyone shed some light on this?

Question 3
I believe a default is only added after 6 months. Can it be added after 6 months, i.e 12 months or 14 months. Does it have to be 6 months? IF it is later then can i get the date changed back, as a few of my defaults have been added after 6 months of the first missed payment

If the default was successfully removed, would all the late payments prior to that still show on the credit report? Could it be possible to remove them?

Finally, has anyone got a template or link to a template and has anyone had any recent success stories?


Thanks in Advance

[Deleted User]

Why would it be removed?

What’s your actually grounds for getting it removed other than pot luck?

Regarding your points:

Paperwork - not required to be posted or otherwise

Goodwill - depends on why you ask. Likely no

Payment in full - not grounds for a default removal

PixelPound

Is this linked to the CCJ on the other thread?

You look like clutching at straws.
Paperwork is sent no requirement to resend and I'm sure they will have noted it has been sent
Goodwill/Offer of payment - whilst it is possible it highly unlikely because companies are required to report accurate information to CRA, so if a default has reported, then removing it they need to admit it was posted in error. So you may get a small creditor willing to do it but won't get a large company or financial institution doing it.

Lowell are a debt collector, if it was sold to lowell that the default will show with lowell's name on which will replace the one that had natwest on. The company that puts it on is the one that takes it off. Natwest will tell you to contact lowell.

It is not 6 months after the first missed payment, depends on so many factors. You could miss a payment, carry on payment or come to some arrangement. Doesn't mean you get 6 months after the first missed payment, and the date will be when the default notice is issued. Did you make payments after first missed payment.

xlnc99

Thanks for the replies. I was sure when i looked online one of the loopholes was that a default notice must be sent to you in writing before it is added to your account? As you have both said that is not the case, i will look into this further

No grounds for getting it removed but pot luck as you say. I am trying to find loopholes, ive read success stories on here

No i did not make payments after the first missed payment - does that mean it has to be within 6 missed payments after or could they add the default anytime they feel, i.e 9 months or two years later?

The default was first listed with Natwest then it changed to Lowell. So Natwest have nothing to do with it anymore and i should contact Lowell to get this removed?

[Deleted User]

You can’t get it removed if it’s a factual representation of events.

There are no loopholes or letters that need sending to your before hand.

PixelPound

I didn't say that it need not be sent, they do send it, whether you received it is a different matter. They can resend it, no need to provide you with proof it was sent, they can have a note on their system stating letter X was sent on Y date to Z address they may tell you and that's all they would need to show the Ombudsman if a complaint was raised. They don't need to prove anymore than that. If you wanted a copy resending, they could but that would not help, even if it was sent to an address you had since moved from (some people think if they move away and don't tell anyone then not liable as the letter was sent to old address!!).

The product was an overdraft not a loan where you have agreed to pay X on Y of the month, so they could have left the OD open for months after a missing a payment - trying to get the default date changed could be difficult. Lowell will use the same date as Natwest, they have to. They also won't remove your default because you ask - they probably do get asked that more times than Bart Simpson asks "are we there yet".

xlnc99

Thanks for the clarification guys. No harm in me asking them, even if the most likely answer is a NO.

Willing2Learn

@xlnc99

The official ICO guidance states that an account should be defaulted once it is 3-6 months in arrears. You should write to your creditor asking for the default to be backdated to when you were 3-6 months in arrears of your original agreement.

Have a read of the thread linked below. Pay particular attention to post #4 as it quotes the applicable guidance from the ICO.
https://forums.moneysavingexpert.com/discussion/5598629/punished-for-dmp

xlnc99

Perfect, will give that a read and hopefully should get a couple of defaults backdated.

[Deleted User]

Unless it’s an overdraft in which case there is no CCA or agreement.

How many late payment markers show before the default was applied?