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Trying to remove default!

rebecca123_2
Posts: 18 Forumite
I am attempting to remove a default on my credit report from Barclays bank, using the advice and templates mentioned on this site....
I wrote to them requesting a signed copy of the CCA, and a copy of the default notice, giving them 14 days to respond. As advised on this site, I didn't sign the letter, just printed my name, and sent a postal order rather than a cheque for payment.
They wrote back (on day 14) saying that they cannot process my request without a signature, and have told me to write back and this time sign the letter.
Does anyone have any advice on what to do? Obviously if I sign the letter, they'll have my signature...
Many thanks in advance!
I wrote to them requesting a signed copy of the CCA, and a copy of the default notice, giving them 14 days to respond. As advised on this site, I didn't sign the letter, just printed my name, and sent a postal order rather than a cheque for payment.
They wrote back (on day 14) saying that they cannot process my request without a signature, and have told me to write back and this time sign the letter.
Does anyone have any advice on what to do? Obviously if I sign the letter, they'll have my signature...
Many thanks in advance!
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Comments
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Hmmmm that's a tough one as I would be cautious about putting my signature on it if they've specifically asked for it. As far as I know it's not a legal requirement to sign a letter but hopefully someone more knowledgable will be along to offer advice soon.Total 'Failed Business' Debt £29,043
Que sera, sera.0 -
Great, thanks Fermi. Their time limit is already up - do you think I should point this out? And if so, what should I threaten them with? Information Commissioner etc?
I'll be writing to them today, hopefully they'll comply with my request this time!0 -
It's the financial ombudsman you need to report them too if they fail to supply the CCA in the time limit..Total 'Failed Business' Debt £29,043
Que sera, sera.0 -
Yep. If there time limit is up then amend that letter to suit.
Perhaps you could also add something along the lines of:
Additionally, you are not entitled to register any information on this account with any credit reference agencies (or any third party). Any such information already placed on the Credit Reference Files must be removed.
To register information with a credit reference agency, you must have written consent from the data subject to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.
Furthermore, since you are obviously unsure of my identity I find it even more puzzling that you think it acceptable to record a default against my records. Consequently, this matter will be included in any future complaint to the Information Commissioner and other statutory bodies.
Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB
IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed0 -
immoral_angeluk wrote: »It's the financial ombudsman you need to report them too if they fail to supply the CCA in the time limit..
Yep. FOS, OFT, Trading Standards regarding non compliance with a CCA request.
But when it involves a data protection issue such as the incorrect issuing of defaults, then you can add the Information Commissioners Office to that list.Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB
IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed0 -
Thanks for your help with this... I'm hoping for some advice on Tesco Personal Finance now!
I also received a default from them, sent them the same letter as Barclays (recorded delivery - it's been signed for, postal order etc) - but they haven't responded and their time limit is up. Do I chase them up or leave them for a while longer?
Many thanks in advance!
Rebecca0 -
Up to you really.
Challenging whether they have an enforceable agreement is relatively simple, since you can require that they produce it if they take you to court.
Getting defaults removed because of no agreement or default notice is not as certain. It can be difficult to prove that you did not receive the "notice", and the Information Commissioner has been reluctant in the past to uphold complaints when you are arguing defaults shouldn't have been placed because there is no enforceable agreement.
So success in these matters can be as much up to how far the creditor is willing to take it, as any point of law or principle. That's a bit rubbish really, but it's the way things seem to work at the moment. See; Quote/link below.
I'm not wishing to put you off, but while it can be easy to render an account unenforceable with a CCA request, default removal can be a much tougher fight.
But as long as it's only costing you a few letters, it's worth a good go.
The position expressed by the ICO some time ago in reply to this letter from LACORS: http://www.lacors.gov.uk/lacors/upload/1888.doc
was:The Filing of Unenforceable Credit Agreements on Credit Reference Files
The attached letter was sent to the Information Commissioner in England and Scotland for clarification on the above point.
The following email was received from the IC:
Thank you for your letter enquiring about our position on this issue. Your letter was directed to the Information Commissioner’s office in Edinburgh and they have redirected it to the main office in Wilmslow.
We looked at this issue some years ago now following a report by the OFT on mail order practices. The report was not supportive of the withdrawal of agreements from the credit files but the DTI Minister at the time, Kim Howells, was concerned about the issue and asked us to consider the matter. However the situation was complicated by a number of recent cases which impacted the situation. Furthermore we anticipated that other cases could follow which had the potential to change the legal position again. We decided at that time that we would have to consider complaints on a case by case basis, looking closely at what the consumer claimed about the account. In some circumstances we do ask for defaults to be removed.
Your enquiry gives good reason to review the issue. I have therefore asked our legal department to review the legal position so that we can take this and the arguments you have put forward into account.
I hope to return to you in the not too distant future. You may also be interested to know that I am rewriting our guidance on the filing of defaults with credit reference agencies. This covers the overall standards we expect to be met before defaults are recorded. I hope to be able to publish in a few months.
Regards,
Carol Hufton
Head of Special Projects
Guidance and Promotions Division.
Information Commissioner’s Office,Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB
IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed0 -
I am really curious now, why print not sign? also has someone got a link to the article on the website as i am after getting a bcard default removed. (Cant find despite searching)
Thanks
KevinWe’ve had to remove your signature because your opinion differs from ours. Please check the Forum Rules if you’re unsure why you can not have your own opinion on here and, if still unsure, email forumteam@moneysavingexpert.com0 -
I am really curious now, why print not sign? also has someone got a link to the article on the website as i am after getting a bcard default removed. (Cant find despite searching)
The "print don't sign" is because some creditors/DCA's who haven't got a copy of a valid agreement have been known the get handy with your signature, a blank agreement and a copy of Photoshop. I'm not kidding.:eek:
This might be the article: http://www.learnmoney.co.uk/credit-cards/remove_default_notice.htmlFree/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB
IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed0 -
Wow, i never thought of that, I have just got the kick a$$ letters and im going to give it a go, im guessing that a cheque is not a good idea either as it has a signature... lol, a trip to the post office it is.We’ve had to remove your signature because your opinion differs from ours. Please check the Forum Rules if you’re unsure why you can not have your own opinion on here and, if still unsure, email forumteam@moneysavingexpert.com0
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