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Did not receive default notice - can default be removed from credit file?

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  • Did not receive default notice - can default be removed from credit file?

    Hi everyone,

    After a bad time of things over the last few years, I have been checking my credit file in an attempt to sort things out and get my life back on track. I noticed a default notice on the file from an old credit card with Capital One, who seem to have sold the debt on to Lo well. No action has been taken by Lo well on this (yet), but I expect they will in future. I do not ever remember receiving any default notice from Capital One telling me that they were transferring the debt to Lo well though?

    t was my understanding that if a company was to sell a debt, then they must issue a default notice to the creditor. Because of this, if it does turn out that a default notice was never issued, can I get my credit file amended and the default notice removed? If this is possible, do I just need to write to Capital One with a SAR and ask them to provide all information to me?

    Many thanks in advance to anybody who can help!

    T
    Tags: None

  • #2
    Hi,

    Even if a default notice wasn't issued, they could just re-issue that notice. It would still be correct to say that you defaulted on that date and I'm not aware of any court cases that suggest the failure to serve the default notice on you means that a default can no longer be registered.
    If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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