Default Notice Removal - Help Required

[Arwen10]

Hello everyone, I need help!!

I've followed the initial procedures regarding trying to get a default notice put on my credit file by a catalogue company removed. It was a long story how I got into debt and I am trying to get myself and credit file sorted out.

I've sent all the initial letters regarding Credit Agreements and the fact that I never received a default notice from them. They have responded to me:

On the default notice:

"... we have not issued a default notice as defined under Sections 88 of the Consumer Credit Act 1974 in respect of this account. Any defaults, which we file with credit reference agences, are filed in accordance with guidance issued by the Information Commissioner's Office. The term "default" on credit reference files is used to refer to the situation when the relationship between lender and borrower has broken down..."

Does this mean they are admitting they never sent a default notice to me?

Credit Agreement:

On the credit agreement, they have simply sent me a copy filled in with my name and address. But they say because the agreement was entered into in January 2008 they don't have to.

They then go on to say they are confident they would win and if I deny liability for the debt etc they will apply to the court for an enforcement order etc etc.

How should I proceed and respond? I really do need this default removing, it was at a time when I was in a mess for various reasons but a few years on things are different. Also, as this debt is still outstanding (not very much and a fair few charges on there) should I offer to pay it, subject to getting the default removed?

I am totally stuck as to how to respond, or if they are correct and I have no chance of getting this removed.

Thanks in advance.

[ERD]

Re: Default Notice Removal - Help Required

I'm interested in this as well... Trying to figure out what the rights of a creditor are with respect to sharing information.

I can see in my own case that no explicit mention is made in the contract to allow them to do this, though they do provide for sharing payment information, but then it is not even clear at the moment whether these are prescribed terms and so unenforcible (but Im on a pre April 07 contract).

Buzz me in a while if you don't get your answers. I am searching for more info now...

Cheers and g'luck
Pilot

[ERD]

Re: Default Notice Removal - Help Required

BTW you might find this interesting...

Published articles - Technical defect not fatal to default notice - Wragge Co - Law Firm

Pilot

[The Debt Star]

Re: Default Notice Removal - Help Required

Hi guys.

I have a couple of these on the go at the moment; Barclays and Egg. I have just managed to get the agreement of a creditor to remove a Default from my wife's credit file but boy, it was a battle and a half!

There are a few things to understand from the get-go on this. The first is that the credit reference agencies (CRAs) will not help you at all and won't remove adverse data unless the creditor (the data controller) agrees.

The second is that you can get the CRAs to put a notice of correction on your file, which basically says that you dispute the Default. Now, on Experian that is a teeny weeny box on the credit report that is total pants and no one will bother to read it but you should I think tell the CRAs you want this as you dispute the debt

Third, the ICO are about as effective as a fart in a whirlpool. Take my wife's HSBC dispute as an example. We STILL haven't heard from the ICO despite putting in the formal complaint (acknowledged by ICO) in March. Since then the Financial Ombudsman (FOS) has adjudicated in her favour and ordered HSBC to remove the default

Fourth, HSBC are pished off that the FOS found in our favour and the Default is STILL on my wife's credit file despite the adjudication. Bank has gone real quiet...so have asked FOS to remind them to get it removed

I won't comment on the pros and cons of your cases but would say that we found the FOS very helpful in the HSBC default dispute. Once we explained that it was the Default wec wanted removed more than compensation for distress and inconvenience etc, we felt that the FOS took the complaint seriously. In our case it hinged on tghe fact that HSBC had not allowed my wife the opportunity to make a full & final settlement or enter into a repayment plan before they terminated the account. What they did was to basically issue a default notice AFTER agreeing a repayment plan on the phone which they subsequently dishonoured. We were lucky as we had a record of that 'phone call.

Turns on the facts I guess, but I suspect you will need to complain to the FOS AND the ICO if you have a just grievance (eg an invalid DN or no DN at all!)

[The Debt Star]

Re: Default Notice Removal - Help Required

I was wondering what happens on one's credit file when a Default reaches its 6th anniversary. Is it auto removed by the CRAs or do you have to apply for it to be removed?

Also, does anyone know if the creditors then plonk on an Arrangement to Pay indicator or similar to replace the removed Default?

[Jinx1304]

Re: Default Notice Removal - Help Required

Evening All,
I am curious as to whether anyone has had a Default successfully removed from their credit file and how they went about it. I have a Default applied by The Lewis Group. I had a final payment of £34.00 and I had paid it. In the midst of moving I obviously hadnt, but as I had moved and hadnt notified them of a change of address (due to my thinking that i had paid it) I never received anything from them. I have now tried to apply for a credit card and I cant because of this default. To me this seems like an honest mistake. Would they see it this way and revoke the default or am I going to be stuck with this now, seems a bit extreme for the measly amount of £34.00.
Please help!!!

[GUNTER]

Re: Default Notice Removal - Help Required

Jinx ... try this link How to attempt to remove a Default Notice | LearnMoney.co.uk for info about how to remove defaults under £500. Hope it helps!