Can I remove a default from my Credit File

[shamen]

Re: Can I remove a default from my Credit File

What a bunch of muppets. Do you have the original default notice at all? At this time, I would seriously recommend a SAR to tmobile. You need to have hard copies of what their accounts say about you, and what was on that default notice. Playing ping pong with CS agents who seem to have no interest in listening to you isnt helpful.

Using that evidence from the SAR, I would do something like a DPA s.10 notice highlighting their error (the s10 notice goes to the Data Controller, not customer services). Im more than willing to help you draft something to them.

[Vagabond_UK]

Re: Can I remove a default from my Credit File

It may come to that, I've sent a response to the executive complaints handler, so hopefully will get a bit more out of them...

I am in receipt of your letter dated 5th August 2011 in which you reiterate your stance. However, your response completely misses the point I was trying to make. You have stated the default will not be removed – that is fine.

However, in my email I was pointing out that Equifax and Callcredit show different histories in relation to the account since the account was marked settled. Whereas following settlement Callcredit correctly reports the default against me as being issued on December 10 2006, Equifax reports the default as being issued September 3rd 2010 – which is clearly incorrect, and it is this information that I am disputing.

It is my understanding of the Consumer Credit Act s.87, that a Default Notice MUST be served on the defaulter at least 7 days prior to the Default being effected. If that Default Notice was not served at least that time prior to the Default, the Default is invalid and so can be challenged. It is also my understanding that once served and recorded, the date of record of a Default Notice cannot then be moved.

As, according to Equifax, you have recorded a default against me dated September 3rd 2010, I contest that this record is inaccurate as no Default Notice was served in accordance with s.87 and so I argue that said default as reported to Equifax has been improperly applied and should be removed. I now ask you to confirm the CORRECT date of default in relation to the account, and that any default applied has been issued in accordance with the conditions stated under s.87 of the Consumer Credit Act, including the original default.

However, I believe that the information reported to Equifax is simply a case of human error (as the account information had been correctly reported in July 2011, prior to the balance being settled) and I request that you supply the Credit Reference Agencies with the CORRECT information and that it is reported that the account data and default date (as you are not prepared to remove the default, unless it is proven to be improperly applied as per s.87/88 of the CCA) be correctly amended to show the proper and true information, i.e: default registered 10 December 2006 and not 3 September 2010 as recorded by Equifax.

I have already raised a dispute with Equifax re: this incorrect information, but be advised that I may also report this matter to the Information Commisioner’s Office (ICO) for further action if the incorrect information detailed on my Equifax credit report is not rectified.

If I get nowhere after this then a DPA s.10 notice will be the next step and I'll take you up on that offer of help.

[lloydstsbsuck]

Re: Can I remove a default from my Credit File

A few years ago, I had a basic bank account with Abbey (now Santander) which I wrongly assumed had been closed. However, after a bank charge on the account, it slipped into unauthorised overdraft and began to accrue a negative balance.

After the arrears had reached £100 Abbey passed the account to Moorcroft, registered a default on my credit file and from there I repaid the outstanding balance at an agreed sum each month. It was cleared in March this year, and having checked my credit report I saw that there was seemingly a £10 arrears still marked.

I've queried this with Abbey who say the account is clear and they will mark the default as satisfied. But I would like to know if I could have it removed?

The account in question wasn't a credit-bearing account; ie, there was no overdraft attached to the account, no cheque guarantee or any other facility - simply a basic account with a debit card to use at ATMs and shops. Nothing else. As such I don't see how such an account can come under jurisdiction of a credit agreement and such affect my credit report. Plus, i can't recall ever having received a default notice from Abbey regarding the account.

The default wasn't for a huge amount of money - £130. But it was registered in June 2009, so won't drop off my report until 2015.

Is there anything I can do to try and have Abbey remove the default, or am I stuck with it until it drops off on its own? What effect will a satisfied default have on my getting credit in the future?

Thanks.

I to have had this problem with tsb! I have never even used the account i had then i found i had unauthorised activity on my account for something like a returned £8 direct debit which i had been disputing for nearly 2 years, after the 2 whole years i finally recieved a letter confirming what i had said in the first place from tsb. I got my credit report last night and see they have registered a default on my credit reprt even though i was not even in a credit agreement with them. apart from this my credit report is gleaming so i am now considering sueing them for an unlawul default. I was wondering how you got on with your situation? thanks

[Vagabond_UK]

Re: Can I remove a default from my Credit File

I to have had this problem with tsb! I have never even used the account i had then i found i had unauthorised activity on my account for something like a returned £8 direct debit which i had been disputing for nearly 2 years, after the 2 whole years i finally recieved a letter confirming what i had said in the first place from tsb. I got my credit report last night and see they have registered a default on my credit reprt even though i was not even in a credit agreement with them. apart from this my credit report is gleaming so i am now considering sueing them for an unlawul default. I was wondering how you got on with your situation? thanks

Thankfully for me, I was able to convince Santander to remove it. It did take a complaint to the Santander CEO/Executive Complaints Manager for it to happen though after 2 other complaints handlers had rejected the complaint.

[Celestine]

Re: Can I remove a default from my Credit File

HJi LloydsTSBsuck (great name btw!)
I currently have a claim filed at court against Lloyds for removal of two wrongful defaults.
I can't give you a link yet because the thread is hidden in the VIP section to keep LLoyds TSB from peeking!
Start a thread from scratch, (if u havent already) and I'll keep you posted with progress.
Best of luck :beagle:

[The Debt Star]

Re: Can I remove a default from my Credit File

great thread. no idea how i managed to miss this.

sadly lloydstsbsuck, banks can and do record adverse data on overdrafts even though no credit agreement exists. insurers do the same with monthly motor insurance if that isn't paid on time. aviva have an arrangement with cruelcredit.

it is very frustrating fighting unfair and/or inaccurate data filing. but you have to stick at it and take the long term view.

[beethoven]

Re: Can I remove a default from my Credit File

After a complaint/plea to Santander's CEO, I've just checked my credit file through Equifax and it appears that the default has been lifted as there is now no defaulted information shown.. I've also checked it through Noddle (Callcredit - early adopter) and its not even listed on there.

I've yet to receive written confirmation from Santander though, so I'll wait until I get that before celebrating a win over the big boys, however small.

Now I just to settle one account-in-arrears (cleared this month) and wait for my 5-year old default (T-Mobile via DCA - gone awol, stopped taking payments) to drop off next year and I'll be clean.

Hi, just read your post and I am in exactly the same situation with Sandander. Had an unauthorised overdraft of about £8 or less (can't remember exactly), which generated charges that accummulated to £142. Eventually I paid the full amount but I was left with a black mark on my credit file. Didn't care much as a student back then, but I am now trying to get mortgage and another loan and this is affecting me.

Could you please share any letters that you sent to Santander in order to get your default cleared out? Thanks in advance.

[chasred]

How to remove a defalt notice from my credit file*