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Tesco Personal Finance / RBS Default Notice

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  • Tesco Personal Finance / RBS Default Notice

    As my last thread didn't get me any answers I have changed the post slightly. So here's hoping I get some help.

    I need some advice on a default I have on my credit file and how if possible I can get it removed. I've read that many posts on this subject that my head is spinning!

    Took out a loan with Tesco Personal Finance(RBS) on 23/7/1998. Entered into a DMP with the CCCS in April 2001. £4366.20 was owed to Tesco at the start of the DMP . Thereafter monthly payments were made through the CCCS. No payments were ever late or missed. The debt was repaid in full. At the start I had 7 creditors and owed in total £21537.00 all of which have been repaid. 3 of the creditors were RBS. I had need to view my credit file in 2004 and there were 2 default notices from RBS which were placed on my file 11/6/01. I sent letters asking for their removal as I was in a DMP and they did. There was no default on my file at this time from Tesco. I only found out that they had put a default on my file in the last 6 months when I viewed my credit files. The default was added on 5/11/05. Why it was added then I don't know and they didn't give me an answer when I put that question to them. What I do know is that they are not prepared to remove the default. Question where do I go from here? I can't ask for a copy of my CA as there is no money outstanding, it's all been repaid and so therefore there is no active account. The only thing I know for certain is that I never received the formal demand that they said they sent on 18/11/05. If they had put the default on when I broke the agreement in 2001 then it would have been served over 3 years ago! I hope someone can guide me in the right direction.
    Tags: None

  • #2
    Re: Tesco Personal Finance / RBS Default Notice

    When was the debt repaid in full by ?
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

    Comment


    • #3
      Re: Tesco Personal Finance / RBS Default Notice

      Default should be removed November 2011 if it was put on Nov 2005.
      #staysafestayhome

      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

      Received a Court Claim? Read >>>>> First Steps

      Comment


      • #4
        Re: Tesco Personal Finance / RBS Default Notice

        Hi. Does a debt need to be repaid in full then for a Default to be removed after 6 years? I didn't think it did?

        If not, can the creditor find a way to stick a fresh Default on after the 6 years? I am thinking here of perhaps a crafty manouvre like changing the account number, re-scheduling it etc.

        Comment


        • #5
          Re: Tesco Personal Finance / RBS Default Notice

          Nope, falls off after 6 years paid or not.

          I wondered about the date it was paid in full if that was before/after the default was put on the file, that was all.
          #staysafestayhome

          Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

          Received a Court Claim? Read >>>>> First Steps

          Comment


          • #6
            Re: Tesco Personal Finance / RBS Default Notice

            Ame,

            I'm sure you're right on that. Am I right in thinking there are other ways to spoil your credit record if they really want to though?

            Comment


            • #7
              Re: Tesco Personal Finance / RBS Default Notice

              Thats what I was asking, I have heard that creditors find ways to renew defaults all over again

              Comment


              • #8
                Re: Tesco Personal Finance / RBS Default Notice

                It was repaid in full June 2007. I know the default clears in full November 2011 but if they had put the default on when I actually broke the credit agreement in 2001 I'd be home free now! Why default me over 4 years into the DMP, and yes I know they can put the damn thing on whenever they so wish and can say that they notified me without having to prove they did. Rock and a hard place springs to mind. My DMP was reviewed yearly and not once did Tesco contact me to say that they were no longer happy with the arrangement. So what course of action is available to me if any.

                Comment


                • #9
                  Re: Tesco Personal Finance / RBS Default Notice

                  Have a read through page 11-12.

                  http://www.ico.gov.uk/upload/documen...3%20%20doc.pdf

                  Comment


                  • #10
                    Re: Tesco Personal Finance / RBS Default Notice

                    Data re: a default should only be processed for six years by the CRA's;
                    that is six years from the date of the first default registered.

                    If you believe and have proof that the information is incorrect.

                    Log a complaint with the ICO, in order to have the incorrect information amemnded or, removed.
                    Last edited by Angry Cat; 6th November 2010, 09:32:AM. Reason: typo

                    Comment


                    • #11
                      Re: Tesco Personal Finance / RBS Default Notice

                      Thank you very much Nibbler and Angry Cat for pointing me in the direction of the IOC. I am going to write to Triton Credit Services one more time with the information I now have to see if they'll remove the default without me having to contact the ICO. The information on my credit file shows that I had an "arrangement to pay" with Tesco, which is a short term thing, but I had a DMP which is something totally different. So fingers and toes crossed and I'll let you know what they say.

                      Comment


                      • #12
                        Re: Tesco Personal Finance / RBS Default Notice

                        Originally posted by Jadkins View Post
                        Thank you very much Nibbler and Angry Cat for pointing me in the direction of the IOC. I am going to write to Triton Credit Services one more time with the information I now have to see if they'll remove the default without me having to contact the ICO. The information on my credit file shows that I had an "arrangement to pay" with Tesco, which is a short term thing, but I had a DMP which is something totally different. So fingers and toes crossed and I'll let you know what they say.
                        You're being very generous! I'd go straight to the ICO.

                        Comment


                        • #13
                          Re: Tesco Personal Finance / RBS Default Notice

                          Triton, are the in-house collections department for RBS/Tesco Personal Finance.

                          I presume that you have made SAR's to both RBS & Tesco Personal Finance? (you must make two separate SAR's as Tesco Personal Finance is a separate legal entity; company)

                          RBS/Tesco Personal Finance, will not remove the default information. However, if you are to follow the ICO protocol you should write to the CRA's involved, set out your complaint and ask same to mark the information as: "Under Query"

                          No doubt, the CRA's involved will respond to you and state that they have contacted the lender, who has confirmed the information as registered by the lender is correct. Therefore, they (CRA's) will not remove the information.

                          Next step, you will have to write to Mrs Eileen Tudor, (RBS) who no doubt will reply in the same manner.

                          At this point, the ICO will investigate you complaint and if necessary advise RBS/Tesco Personal Finance or, take enforcement action against them.

                          Be warned though, this route is time consuming and not for the faint hearted and;

                          your ICO complaint must provide documentary evidence; be valid!

                          Comment


                          • #14
                            Re: Tesco Personal Finance / RBS Default Notice

                            This link on a CAG thread indicates that creditors DO attempt to continue registering adverse data with the CRAs for Defaults that are more than 6 yaers old. I have to say this is what i have heard they get up to.

                            http://www.consumeractiongroup.co.uk...-Viewing)-nbsp

                            Comment


                            • #15
                              Re: Tesco Personal Finance / RBS Default Notice

                              Originally posted by The Debt Star View Post
                              This link on a CAG thread indicates that creditors DO attempt to continue registering adverse data with the CRAs for Defaults that are more than 6 yaers old. I have to say this is what i have heard they get up to.

                              http://www.consumeractiongroup.co.uk...-Viewing)-nbsp
                              But, they shouldn't!

                              Comment

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