Removal of Default

[maddieseren]

Hello, I hope someone can help

Just checked my file and there is a Default on there from Express Finance Ltd for a Payday Loan in 2008....i've never taken out a Payday loan so I believe it is fraud. I contacted Express Finance and they gave me dates etc and asked me to check my Statements (fair enough, but they could just give me the details of what account it was paid into).

I am however, trying to obtain a Mortgage, and obviously this is a major issue. So after numerous calls, I offered to settle the account and they remove the Default, then once I prove the Fraud (via my Bank Statements) they will re-imburse me in full. I realise this isn't the best way to go, but I need the default off immediately and haven't got time to fight etc.

So my question is, can they actually remove a Default from my file? I know they can mark it satisfied etc, but as they issued a Default, can they contact Experian and get it completely removed....or are they just bluffing me?

Any help would be much appreciated


Wayne

[labman]

Re: Removal of Default

They can and should remove it. If you never had an account with them, they need to provide solid evidence you did. If they can't do this get the removal done asap and seek compensation through ICO stating you have suffered actual damage because of the mortgage application.

There is another similar post on here where defaults were sitting there wrongly for two years, and they're looking at a 5 figure settlement. This is potentially very serious.

[maddieseren]

Re: Removal of Default

They can and should remove it. If you never had an account with them, they need to provide solid evidence you did. If they can't do this get the removal done asap and seek compensation through ISO stating you have suffered actual damage because of the mortgage application.

There is another similar post on here where defaults were sitting there wrongly for two years, and they're looking at a 5 figure settlement. This is potentially very serious.

Superb! Thanks for the swift reply....I fully intend to hammer them once I get my Bank Statements and prove it's not my account!

Another point, how long should it take to remove it? Any timescale, or as soon as they phone/email will it be gone within hours/end of day etc??

[labman]

Re: Removal of Default

Try to get it in writing that they are agreeing to remove it, even if it's via e-mail. This way you've nailed them into admitting liability for it being there wrongly and affecting your ability to get a mortgage.

Others on here may be able to help you better having been through it, but my gut instinct here is to phrase your e-mail along the lines of you needing them to remove the default which has been incorrectly placed on your credit record removed at the earliest opportunity, as it stopping you being able to attain a mortgage.

If you can get an answer from them stating they'll remove the default in writing to something like that they've pretty much admitted liability.

Lay the trap and nail them later.

In terms of time, I believe for those who went through court on here, it took two weeks for the defaults to be removed. They can instruct the CRA to do it as soon as they want. You could even chance your arm and ask for a copy of the e-mail to the CRA asking them to remove the default so you know they have done as they said.

Don't mention litigation at this point, you don't want them defensive.

[Guest]

Re: Removal of Default

Hi
If you do not owe the money, whatever you do, do not pay. They will regard this as an admission of the debt, irrespective of what they are telling you now. You will not see your money again.
You must complain in the strongest terms as Labman says, copy to the CRA and contact the ICO
Peter

[maddieseren]

Re: Removal of Default

Try to get it in writing that they are agreeing to remove it, even if it's via e-mail. This way you've nailed them into admitting liability for it being there wrongly and affecting your ability to get a mortgage.

Others on here may be able to help you better having been through it, but my gut instinct here is to phrase your e-mail along the lines of you needing them to remove the default which has been incorrectly placed on your credit record removed at the earliest opportunity, as it stopping you being able to attain a mortgage.

If you can get an answer from them stating they'll remove the default in writing to something like that they've pretty much admitted liability.

Lay the trap and nail them later.

In terms of time, I believe for those who went through court on here, it took two weeks for the defaults to be removed. They can instruct the CRA to do it as soon as they want. You could even chance your arm and ask for a copy of the e-mail to the CRA asking them to remove the default so you know they have done as they said.

Don't mention litigation at this point, you don't want them defensive.

Thanks again Labman....I do actually have an email from they saying they will remove the Default.......so I've inadvertently played this very well!! :-)

I'll ask that I'm copied into the CRA email request to remove the default, although ideally I want them to ring up and get it removed immediately!

[labman]

Re: Removal of Default

I very much doubt they'll do that. It could be you phoning up. :beagle:

[Guest]

Re: Removal of Default

Thanks again Labman....I do actually have an email from they saying they will remove the Default.......so I've inadvertently played this very well!! :-)

I'll ask that I'm copied into the CRA email request to remove the default, although ideally I want them to ring up and get it removed immediately!

HI
I cannot state this too strongly do not pay any money, if you do, i garantee that they will not remove your default marker, they will just mark it as settled.
If they did they wold be breaking ICO guidlines. You must get them to acknowledge that there was no account so the marker was in error.
Peter

[debtisbad]

Re: Removal of Default

Yes, I agree. I paid CapQuest about a hundred pounds over several months, before I reaalised the debt was invalid. It was written off by them but they never refunded despite numerous requests.

Dispicable behavior. What happened to decency, integrity, honesty and fair play?

[Algee]

Re: Removal of Default

debtisbad

C'mon we're talking about DCA's here!

Alan

[debtisbad]

Re: Removal of Default

Ok, agreed!