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Removing defaults from you credit file

letissier14 asked:

Removing defaults from your credit file

This seems to be a big issue that many people get confused over. It is quite difficult to have a default removed from your credit file (CF), though not impossible. So far I have had 6 defaults removed by DCA’s (Debt Collection Agencies) and 1 removed by an Original Creditor (OC).

It can be very time consuming, involve a lot of letter writing and there is no guarantee of success.

*** Please note *** This is not legal advice and is solely based on my own experience. There is NO guarantee that you will be successful

So lets get started.

What is a default? – A default is a marker placed on your credit file by an original creditor OC after you have missed between 3-6 (approx) payments and you have defaulted on your credit agreement.

Normally before they place a default marker on your credit file, the OC would write to you, informing you that your account is in arrears, telling you how to bring your account up to date and giving you a certain amount of days to do so. They will also inform you that if you fail to do so, they will report a default on your CF to the Credit Reference Agencies (CRA).

Once a default is placed on your CF, it will remain on your CF FOR A PERIOD OF 6 YEARS – A default is just as bad as a County Court Judgment (CCJ) and will make it very hard to get further credit for the period that the default exists.

Who can remove a default from your credit file? – Lots of people assume that the CRA can remove defaults from your credit file – They can’t. The only people who can remove the defaults are;
a) The Original Creditor
b) The Debt Collection Agency – if they have bought the debt
c) The OC/DCA/CRA if instructed by the Information Commissioner’s Office (ICO)
d) A judge – if you decide to take the OC/DCA to court.

Why can’t the CRA remove the default? – The CRA have a legal obligation to contact the OC/DCA on your behalf if you decide to contest anything on your CF.

The CRA will contact the OC/DCA and ask if the information they have supplied on your CF is correct. If the OC/DCA reply and inform the CRA that he information is correct, the CRA will write back to you and inform you that the OC/DCA has confirmed the information is correct and the default can’t be removed from your CF. The CRA will also inform you that they have fulfilled their legal obligation as per the rules of the ICO. Within Schedule 1, part II (Interpretation of the Data Protection Principles) of the Data Protection Act 1988 it is explained that as a credit reference agency, we are not considered to have breached the act by querying the disputed information and adding a NOTICE of Dispute statement. – As a credit reference agency, we are not obliged to provide any documentation or evidence to substantiate that an entry on a credit report is correct. As long as the company with whom there is a dispute confirms that the data is accurate we have fulfilled our legislative obligations.

If the OC/DCA fail to respond to the CRA within 28 days, any negative marks on your CF will be removed from your CF until such time that the OC/DCA do reply to the CRA. – this is why some of you may have noticed that defaults disappear from your CR for a period of time and then reappear again later!

If you fail to get the default removed from your CF you are entitled to put a NOTICE OF CORRECTION on your CF. A NOTICE OF CORRECTION is a notice that you can put against any disputed information on your CF. It must not be longer than 200 words. However, Section 159 of the Consumer Credit Act 1974 states that credit reference agencies can refuse to add a Notice of Correction on the basis that it appears to be improper for publication because it is incorrect or defames any person, or is frivolous or scandalous, or is for any other reason unsuitable. If this is the case, the CRA will seek clarification from the ICO before either accepting or declining your Notice of Correction.

Below is a NOTICE OF CORRECTION that Experian would find acceptable (Remember just keep to facts)
I, Mr (add name), state that this defaulted account is inaccurate and reported illegally. I dispute the right of the data provider to report this information and have yet to receive a true signed copy of a credit agreement, a novation agreement, a deed of assignment or a default notice. I have also not received a response to my section 10 request that I have sent the data provider. I am not satisfied that any evidence has been provided to substantiate the accuracy of this information and I would like it to be known that the account/s have been closed by the data provider

So what can I do to remove any default from my CF? – this is my step by step guide which I have used …

1) Apply for a copy of your CF from the CRA’s – Their are 3 main CRA’s and I suggest that you get a copy from all 3. There is a free service supplied by NOODLE, but in my experience, they don’t always hold all the information and are slow in updating your CF – Further Info on CRA … viewtopic.php?f=97&t=64864

2) Once you have established which account has the DEFAULT/S against it. If it was the OC who defaulted you and they are still own the account, the chances of removing the default are very very slim. You will have to look through your credit agreement and read what the exact terms and conditions are. If the debt has been sold to a DCA you have a much better chance of getting a default removed. Again look and study the terms and conditions of any credit agreement. Virtually all of my credit agreements failed to insert a clause that allowed the debt to be sold. In the cases that it was sold, there was no mention that the new owner could process my personal data – SO READ YOUR CREDIT AGREEMENTS VERY CAREFULLY!!!!

What I do now is to write to the OC/DCA asking for copies of the default notice or notice to default; and normally add this;

I feel that these default entries were added unlawfully and without merit. Doing so has put you liable to a breach of the Consumers Credit Act 1974, in particular s.87(1) of said Act; Section 87(1) of the 1974 Act allows the creditor to send you a default notice giving you fourteen days from the date you receive it to pay the arrears. The default notice must contain all of the necessary information under the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (‘the 1983 Regulations’) which includes;

1.a statement saying the notice is a default notice served under section 87(1)
of the CCA1974
2.a description of the agreement
3.the name and address of both the debtor and the creditor
4.details of the breach (i.e. late payment) and, if the breach can be remedied, the date by which it must be remedied or, if the breach is not capable of remedy, the amount required to be paid after the expiry of the specified date;

As is clearly evident from all previous communication between us regards to these accounts listed, I never received any such notices and as a result I contest the accuracy of the defaults and until such time you can provide proof that you complied with the above Act, you must remove all derogatory data from the files of any credit reference agency.

I am more than happy to issue you a Subject Access Request which should include a copy of the documents I request, which I am hopeful will include a copy of said termination and default notices which, if they are missing, will leave me no alternative but to seek legal enforcement via CPR31.16. Without sight of said default notices, I cannot argue their authenticity, enforceability or execution and therefore will use this as my claim if I am forced into taking legal action, all costs will also be claimed.

It would, however, be in both our interests if you simply agree to remove the defaults, being there are so many inconsistencies with the alleged default notice, the execution, the enforceability and the legal compliance that you must surely have no other alternative but to remove it, least of all as a gesture of goodwill?

As I was never in receipt of any of the statutory documents (Notice of Termination of Contract; Notice of Assignment or Default Notices) then the actual default notices that are shown on my credit file are unlawful and should be immediately removed. I do not want to take this through the courts but I will enforce removal by judgement if necessary, at the end of the day you have acted unlawfully by not issuing fully compliant and correctly executed legal documents.

I must insist that the following requests be carried out;

a) The Default Notice will be removed
b) The Status of the account will change from “Defaulted” to “Settled”
c) The Current Balance will appear as £0.00
d) The Default / Delinquent Balance will be set to £0.00
e) There will be no date in the “Defaulted Date” field (as it will be removed)
f) There will be no date in the “Date Last Delinquent” field on the report
g) This will apply to all 3 Credit Reference Agencies, namely Experian, Equifax & Call
Credit.

I am requesting a signed true and certified copy of the original default notices under the Consumer Protection From Unfair Trading Regulations (CPUTR) 2008, The Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983, The Consumer Credit (Enforcement, Default and Ternmination Notices) Amendment Regulations 2006 and also The Consumer Credit Act 1974 (c.39) – s.87 & s.88 Guidance, and The Consumer Credit Act 2006 (Amendments)

3) The OC/DCA will often write back and tell you that they have no obligation to supply you this and/or in some cases will inform you that they don’t keep any records of this. – If they do this then in my experience they haven’t followed the rules and it would be worth considering making a Subject Access Request (SAR) with them – for further info on making a SAR http://www.getoutofdebtfree.org/forum/v … =5&t=64871

4) If they are still refusing to remove the default?, I would write to them again and ask for the following:

You are hereby requested to send me the following information regarding account number: 123456

a) The Original Credit Agreement, signed by both myself and the original creditor, (You have never sent me this)
b) The Novation Agreement between the OC, DCA and myself,
c) The Deed of Assignment – Please don’t write back to me telling me I am not entitled to see the Deed of Assignment because we both know that this is the only way to actually prove the debt was bought by you and what type of Assignment rights were given,
d) The Fair Processing Notice and requisite permission which you claim to have, which also shows my agreement,
e) The Notice of Assignment which you claim to have sent me,
f) A true and certified copy of the original Default Notice under the The Consumer Protection from Unfair Trading Regulations (CPUTR) 2008, The Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983, The Consumer Credit (Enforcement, Default and Termination Notices) Amendment Regulations 2006, and also The Consumer Credit Act 1974 (c.39) – s87 & s.88 Guidance and The Consumer Credit Act 2006 (Amendments)
g) Written and signed proof that you are entitled to process my data.

Please note that this letter is not a complaint and should not be dealt with as a complaint. It is a NOTICE BEFORE ACTION. You have been dealing with this since the (add date) and have had more than enough time to provide evidence. You have 12+2 days to reply. If you reply that my complaint is being looked into, I will start immediate action against your company.

Failure to reply or remove the default from the account 123456 or provide evidence that you are allowed to process my data on the same account will lead me to taking further action with immediate effect on the 14th day of this dated letter. No further dialogue will be entered into with your company.

Please remember that you must answer all questions and answer them truthfully. If you do not have any of the items that I am requesting then you must inform me of such under The Consumer Protection from Unfair Trading Regulations (CPUTR) 2008.

Further action will include reporting your company to the Financial Ombudsman Services, The Information Commissioner’s Office, The Office of Fair Trading, and after that legal action. (NOTE – The Financial Conduct Authority replaces the OFT from 1 April 2014)

5) They are still refusing to remove the defaults! – I normally write to them again, adding the following;

As for your failure to remove the default, as you claim to be the data controller for my information, you should have all information available to you before making any decisions. The Technical Guidance Note – Filing defaults with credit reference agencies as set out by the Information Commissioner’s Office clearly states that Section 87 of the Consumer Credit Act 1974. Where lenders are not required to issue these notices, they can send an intention to file a default through a final demand, letter, which should make clear not only the intention to file but also the date of the intended default. The date should allow the customer enough time to respond properly. Lenders who have to provide a notice of intention to file a default under a relevant code of practice should be aware that not complying with the code may be taken into account in any assessment of the fairness of their processing.

Please forward me this notice by return. If you are not in possession of this “notice of intention to file a default” you must inform me of such. Again, if needed, I shall make a Subject Access Request to both yourself and the original creditor if I feel the need to take further action. As you are fully aware, CPR pre-action protocols state you have to provide this.

I feel that I have now gone as far as can with you and my only alternative now is to take legal action to right the wrongs of your company against me. I think I have addressed every issue in my numerous letters to you and therefore have fulfilled all CPR pre-action protocols before commencing legal action.

However, I am giving you one last chance to do the right thing and remove the default notice as you have failed to provide any evidence. Failure to do so will result in me taking further action against (add DCA) through the small claims court, for my outstanding Bills, plus damages for breaches of my data protection. I also reserve the right to refer the many different breaches of rules and guidelines to the OFT, FOS, ICO, CSA, DBSG, FCA and Trading Standards.

6) The DCA are still refusing and saying that I should contact the OC for the default notices – Again I would write to them;

As you claim to be the owner of this account, may I bring it to your attention that under s.189 of the Consumer Credit Act 1974, you are now the creditor as defined by s.189 of the Act, and are responsible for both rights and duties. Therefore, it is your responsibility to to have all the documents related to this account and it is not my responsibility to make a SAR with the original creditor for documents that you should have in your possession.

It is quite clear that you do not have the documents that prove that the intention to default notice was ever sent to me from the original creditor, nor do you have the default notice, as per the Technical Guidance Note, issued by the ICO. I now request that the default issued against the account be removed from my credit file with immediate effect, as under s.189 of the Consumer Credit Act 1974, you are classed as the creditor. Your attention is drawn to s.5(2), 3(b), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR)

Below are some of the parts of my letter

10. I now demand that you stop processing my data as in line with my SECTION 10 NOTICE that I sent you previously. If you continue to process my data, I shall contact the Information Commissioner’s Office in the first instance and make an official complaint. I also reserve the right to take further actions through the courts to stop you processing my data.

11. I intend to make a formal complaint to the FCA for various offences under the OFT guidelines.

12. I also intend to make a formal complaint to the FOS.

13. I also intend to make a formal complaint to the CSA for various offences under the CSA/OFT guidelines.

14. I also intend to make a formal complaint to the Trading Standards for various offence under the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR)

15. Please find enclosed my latest bill for Un-rebutted agreement via tacit and estoppel.

As you have already closed this account, and as a gesture of my goodwill, I am prepared to write off any outstanding bills and default charges (including interest) against you, on the understanding that you remove the default from my credit file with immediate effect. I understand that there should be no delay in doing this and that you can apply a “Rapid Update” with the Credit Reference Agencies.

On agreeing to remove the default from my credit file, I shall drop any action/s against you, which are listed above, in sections 10, 11, 12, 13 and 14.

As already stated, your failure to respond to his letter within 10 days (+2), will result in me believing that you are not prepared to remove the default and that your letter of (add date) was in fact your final response.

If I do not hear from you by the (ad date), I shall commence making formal complaints against you with immediate effect and no further correspondence will be entered into with you.

7) What now? – If the OC/DCA are still refusing to remove the default it is time to make an official complaint to the ICO, also the FCA.

If this fails and they have still not provided evidence that the default was issued correctly or that they can process your data, you should consider taking legal action – I’m at this stage now with 1 DCA

The information is a brief description that I threw together this morning to try and give you some insight in to how to deal with a default on your credit file. As time goes by, I shall try and modify this post to make it easier to understand. I wasn’t planning to make this post yet, but because of the large amount of pm’s and questions I receive, I thought that this may help for the time being.

So remember to learn what you are asking for and even though it is very tedious and time consuming, give the OC/DCA plenty of opportunity to provide the evidence you request. Their failure to do so and your continued requests will help you in any court case that may happen.

One last thing …. here is a quick timeline of events of my letters to a DCA that have resulted in 6 defaults being removed and 1 that I’m still fighting with them.

03/09/13 – Letter to DCA requesting further information and asking for default to be removed
20/09/13 – Letter to DCA reminding the DCA of my previous letter
03/10/13 – Letter to DCA again reminding the DCA of my previous letter
08/09/13 – Letter from DCA refusing
10/09/13 – Letter from DCA informing me that my complaint has been passed to complaints department!
21/10/13 – Letter from DCA informing me that my complaint has been passed to complaints department again!!!!!
27/10/13 – Letter from DCA informing me that they are still investigating my complaint!!!
31/10/13 – Letter to DCA requesting that they send me the information previously requested
22/11/13 – Letter from DCA informing me that they are still investigating my complaint!!!
15/01/14 – Letter from DCA informing me that they can’t find the information and have removed 6 of 7 defaults
23/01/14 – Letter to DCA requesting further information regarding last default
14/02/14 – Letter from DCA refusing to remove last default and it’s their final answer
25/02/14 – Letter to DCA demanding final default should be removed
07/03/14 – Letter from DCA refusing to remove last default and it’s their final answer for the 2nd time
11/03/14 – Letter to DCA Demand default removed – threat of legal action
17/03/14 – Letter from DCA refusing to remove last default and it’s their final answer for the 3rd time
22/03/14 – letter to DCA giving them one last chance before taking it up with ICO, FCA and potential court action

So you can see it takes a lot of letter writing to achieve your goal.

I’ve had 6 defaults removed by one DCA. The secret is to refuse to accept their decision. Pick holes in their paperwork, reply within 24 hours of their letters, ask lots of questions under CPUTR (2008). Stick to facts and don’t deviate. Forget about any notice of assignment, it’s pointless.

I’ve also had 1 default removed by an OC – the default had already been settled a few years back. I went through the same process and they eventually removed the default.

So don’t give up and keep at it 😉

More updates will follow in time

Here is a template to use to write to an OC/DCA regarding removing a default – As with all templates, edit to suit your personal circumstances.

Mr Debt Free
21 Freedom House
Debt Free Street
Debtfreeland
AA1 1AA

31 March 2014

Re: Scummy Debt Collections Ltd Ref: 294782762

Dear Mr Scummy

I am writing to Scummy Debt Collections Ltd in regards to a default that is registered on my credit file, to which Scummy Debt Collections Ltd are the data provider.

As the default, which was registered on (add date) is now being processed by Scummy Debt Collections Ltd. I,(add your name) demand that you remove the default from my credit file with immediate effect, as Scummy Debt Collections Ltd have failed to provide any evidence to substantiate the continued processing of my personal data.

If Scummy Debt Collections Ltd are unable to remove the default from my credit file, I,(add your name) demand that you send me the following information;

A true and certified copy of the original Default Notice under the The Consumer Protection from Unfair Trading Regulations (CPUTR) 2008, The Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983, The Consumer Credit (Enforcement, Default and Termination Notices) Amendment Regulations 2006, and also The Consumer Credit Act 1974 (c.39) – s87 & s.88 Guidance and The Consumer Credit Act 2006 (Amendments)

I feel that these default entries were added unlawfully and without merit. Doing so has put you liable to a breach of the Consumers Credit Act 1974, in particular s.87(1) of said Act; Section 87(1) of the 1974 Act allows the creditor to send you a default notice giving you fourteen days from the date you receive it to pay the arrears. The default notice must contain all of the necessary information under the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (‘the 1983 Regulations’) which includes;

1.a statement saying the notice is a default notice served under section 87(1) of the CCA1974
2.a description of the agreement
3.the name and address of both the debtor and the creditor
4.details of the breach (i.e. late payment) and, if the breach can be remedied, the date by which it must be remedied or, if the breach is not capable of remedy, the amount required to be paid after the expiry of the specified date;

As for your failure to remove the default, as you claim to be the data controller for my information, you should have all information available to you before making any decisions. The Technical Guidance Note – Filing defaults with credit reference agencies as set out by the Information Commissioner’s Office clearly states that Section 87 of the Consumer Credit Act 1974. Where lenders are not required to issue these notices, they can send an intention to file a default through a final demand, letter, which should make clear not only the intention to file but also the date of the intended default. The date should allow the customer enough time to respond properly. Lenders who have to provide a notice of intention to file a default under a relevant code of practice should be aware that not complying with the code may be taken into account in any assessment of the fairness of their processing.

Please forward me this notice by return. If you are not in possession of this “notice of intention to file a default” you must inform me of such. Please don’t inform me that I should contact the original creditor for this information, as you claim to be the owner of this account, may I bring it to your attention that under s.189 of the Consumer Credit Act 1974, you are now the creditor as defined by s.189 of the Act, and are responsible for both rights and duties. Therefore, it is your responsibility to to have all the documents related to this account and it is not my responsibility to contact the original creditor for documents that you should have in your possession.

As I was never in receipt of any of the statutory documents (Notice of Termination of Contract; Notice of Assignment or Default Notices) then the actual default notices that are shown on my credit file are unlawful and should be immediately removed. I do not want to take this through the courts but I will enforce removal by judgement if necessary, at the end of the day you have acted unlawfully by not issuing fully compliant and correctly executed legal documents.

I must insist that the following requests be carried out;

a) The Default Notice will be removed
b) The Status of the account will change from “Defaulted” to “Settled”
c) The Current Balance will appear as £0.00
d) The Default / Delinquent Balance will be set to £0.00
e) There will be no date in the “Defaulted Date” field (as it will be removed)
f) There will be no date in the “Date Last Delinquent” field on the report
g) This will apply to all 3 Credit Reference Agencies, namely Experian, Equifax & Call Credit.

If it becomes clear that you do not have the documents that prove that the intention to default notice was ever sent to me from the original creditor, nor do you have the default notice, as per the Technical Guidance Note, issued by the ICO. I request that the default issued against the account be removed from my credit file with immediate effect, as under s.189 of the Consumer Credit Act 1974, you are classed as the creditor. Your attention is drawn to s.5(2), 3(b), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

As it is clearly evident from all previous communication between us regards to these accounts listed, I never received any such notices and as a result I contest the accuracy of the defaults and until such time you can provide proof that you complied with the above Acts, you must remove all derogatory data from the files of any credit reference agency.

I am more than happy to issue Scummy Debt Collections Ltd a Subject Access Request which should include a copy of the documents I request, which I am hopeful will include a copy of said termination and default notices which, if they are missing, will leave me no alternative but to seek legal enforcement via CPR31.16. Without sight of said default notices, I cannot argue their authenticity, enforceability or execution and therefore will use this as my claim if I am forced into taking legal action, all costs will also be claimed.

It would, however, be in both our interests if you simply agree to remove the defaults, being there are so many inconsistencies with the alleged default notice, the execution, the enforceability and the legal compliance that you must surely have no other alternative but to remove it, least of all as a gesture of goodwill?

Please remember that you must answer all questions and answer them truthfully. If you do not have any of the items that I am requesting then you must inform me of such under The Consumer Protection from Unfair Trading Regulations (CPUTR) 2008.

Yours sincerely

Mr Debt Free

adyclegg replied:

😎 info

ceylon replied:

🙂

loopylou2 replied:

Thank you letissier ! excellent stuff and badly needed!

letissier14 replied:

Updated with template letter

letissier14 replied:

Bump!

burchie replied:

great POST

chrism70 replied:

Gold 😀 😀 😀

[email protected] replied:

Hi all, I’m new to all this and trying to get my head around it all.

I’ve received a letter from Moorcroft saying that they are now passing my account back to the OP (attached), this is after DCA letter 1 and 2. As Moorcroft have been putting defaults on my credit file can I now request them to remove the defaults? Thanks Noel

willow1 replied:

saving
xx

McGoo replied:

bookmarked 😎

gobby009 replied:

sent the first letter to capquest and lowells.heared nothing from lowells but capquest sent the following reply.they sent me a notice of assighnment that wasnt included in my sar to shop direct.any advice

letissier14 replied:

Carry on with letter 2

gobby009 replied:

would it be a good idea to include the 1 pound admin fee for the copy of the cca?

letissier14 replied:

Totally your choice.

If you do send £1 make sure that you write on the letter and also the back of the cheque/postal order that the £1 is the statutory fee and should not be put towards any debt payment.

Personally I never send the £1, but use the following:

viewtopic.php?f=5&t=61932#.U2pl39ISmbM

and

http://www.getoutofdebtfree.org/forum/v … 2pmJ9ISmbM

If you don’t ask you don’t get 😉

Chris68 replied:

Removing defaults from the credit file can be carried out in three different ways.

1. Wrong paper work in the recent past has turned out to be a great way because banks and FIs issues notices without getting into much of the details. You can use it as a strategy.

2. Being persistent is another factor that can help you motivated and determined to get the default credit removed from your credit file.

3. Contact the credit provider and you can work out on something with the service provider.

Curious29 replied:

Hi Letissier14

I’m new to all this but trying to get some help on trying to get defaults removed

You say it’s difficult to get defaults removed if they lodged with on CF by the OC witch mine were but it was the DCA that I paid the money (Satisfied)

Questions:

Do you think it is even remotely possible to get defaults removed if it is with the OC

Who would the debt be owned by the OC or DCA as when I contacted the OC to arrange a payment plan they said to contact the DCA

Any help greatly appreciated

letissier14 replied:

Ok … you say “satisfied” do you mean you have paid the debt off and the default is now marked as satisfied on your CF

Curious29 replied:

Gosh thanks for the quick reply

Yes I have paid the dept but am trying to get the default removed as I am trying to get a mortgage in the near future

letissier14 replied:

You need to be sure who actually owned the debt.

If it was the DCA you should ask them to remove as it is satisfed, if they refuse you need to provide proof that they had the right to process your data

If it was the OC you could ask them politely to remove it.

Whose name was the default in, the OC or the DCA

Curious29 replied:

It’s theOC on the defaults but , I think the OC deflated me then sold the dept to the DCA because previously I contacted the OC to arrange payment and they didn’t want to know and said to contact the DCA

letissier14 replied:

If the OC name is on the default then they didn’t sell the debt. The DCA was just acting as an agent

You should write to the OC and plead to them nicely 😉

Curious29 replied:

I will give it a go nothing to lose

Thanks

Chris68 replied:

Removing defaults from the credit file can be carried out in two different ways.

1. Being persistent is another factor that can help you motivated and determined to get the default credit removed from your credit file.

2. Contact the credit provider and you can work out on something with the service provider.

burchie replied:

Lettiser i have tried srnding your letter a d questions to a dca. Finally had a reply from them aaying i should ask the oc despite it being the dca eho has recorded the defauly and them admitting the debt is unenforcable.

letissier14 replied:

Report them to the ICO then

burchie replied:

Ico?? I will post the letter i sent and reply i got shortly

burchie replied: Image resized to : 67 % of its original size [ 741 x 556 ]Image resized to : 67 % of its original size [ 741 x 556 ]

letissier14 replied:

This is what I would do …..

Forget the default …. but report Cabot to the ICO for processing your personal data without your agreement.

If they have no cca how can they prove the right to process your data? 😉

If they can’t prove that they have the right to process your data, they must stop processing it ….

If they can’t process it, they must remove everything from your CF

It’s a game of tennis 😀

burchie replied:

Ok so what do i write to the ICO.. I never know how to word things lol. Also should i fire off my original letters to the other dca who i have chasing me.

willow1 replied:

💡 THE LETTERS ARE ON PAGE ONE OF THIS POST !! 💡

LOL

willow1 replied:

lestineer…..

ive been battling moorgate and they have updated my experian to 01-06-14 !!!! ive emailed experian for info etc on it but looking at the original letters of the section 10 that..

it just relates to defaults, where moorgate have put the account as late payment in red but there are 6 late payments, and the letters dont make any reference to that, so my thinking is they have picked this out and still applied a late payment over issuing a default so maybe change the letters to include this for other people.

i might be wrong as still new but it was just a voiced thought 😉 😉

xx

burchie replied:

Nowt on front page of post for fos. Thats all to send to dca

willow1 replied:

62 Amendments of Consumer Credit Act 1974.

(1)In section 158 of the M1Consumer Credit Act 1974 (duty of agency to disclose filed information)–
(a)in subsection (1)–
(i)in paragraph (a) for “individual” there is substituted ” partnership or other unincorporated body of persons not consisting entirely of bodies corporate “, and
(ii)for “him” there is substituted ” it “,
(b)in subsection (2), for “his” there is substituted ” the consumer’s “, and
(c)in subsection (3), for “him” there is substituted ” the consumer “.
(2)In section 159 of that Act (correction of wrong information) for subsection (1) there is substituted–
“(1)Any individual (the “objector”) given–
(a)information under section 7 of the Data Protection Act 1998 by a credit reference agency, or
(b)information under section 158,who considers that an entry in his file is incorrect, and that if it is not corrected he is likely to be prejudiced, may give notice to the agency requiring it either to remove the entry from the file or amend it.”
(3)In subsections (2) to (6) of that section–
(a)for “consumer”, wherever occurring, there is substituted ” objector “, and
(b)for “Director”, wherever occurring, there is substituted ” the relevant authority “.
(4)After subsection (6) of that section there is inserted–
“(7)The Data Protection Commissioner may vary or revoke any order made by him under this section.
(8)In this section “the relevant authority” means–
(a)where the objector is a partnership or other unincorporated body of persons, the Director, and
(b)in any other case, the Data Protection Commissioner.”
(5)In section 160 of that Act (alternative procedure for business consumers)–
(a)in subsection (4)–
(i)for “him” there is substituted ” to the consumer “, and
(ii)in paragraphs (a) and (b) for “he” there is substituted ” the consumer ” and for “his” there is substituted ” the consumer’s “, and
(b)after subsection (6) there is inserted–
“(7)In this section “consumer” has the same meaning as in section 158.”
Annotations:
Marginal Citations
M1
1974 c. 39.

burchie replied:

Thats not what i was saying. I was asking what to write to the ico.

willow1 replied:

sorry i was just adding that as when writing to the CRA after the 3 letter process the exact regulation states

(b)information under section 158,who considers that an entry in his file is incorrect, and that if it is not corrected he is likely to be prejudiced, may give notice to the agency requiring it either to remove the entry from the file or amend it.”

so we can request for the complete removal of the account from the CRA as it reads.

with regards to your FOS complaint, pick bits out of the letters people have on their posts, and ive done one with FCA its on my profile ill find it now for ya and pm you it, but the ICO you complete the form on their website, save it then email them it

xx

letissier14 replied:

Who can remove a default from your credit file? – Lots of people assume that the CRA can remove defaults from your credit file – They can’t. The only people who can remove the defaults are;

a) The Original Creditor
b) The Debt Collection Agency – if they have bought the debt
c) The OC/DCA/CRA if instructed by the Information Commissioner’s Office (ICO)
d) A judge – if you decide to take the OC/DCA to court.

Why can’t the CRA remove the default? – The CRA have a legal obligation to contact the OC/DCA on your behalf if you decide to contest anything on your CF.

The CRA will contact the OC/DCA and ask if the information they have supplied on your CF is correct. If the OC/DCA reply and inform the CRA that he information is correct, the CRA will write back to you and inform you that the OC/DCA has confirmed the information is correct and the default can’t be removed from your CF. The CRA will also inform you that they have fulfilled their legal obligation as per the rules of the ICO. Within Schedule 1, part II (Interpretation of the Data Protection Principles) of the Data Protection Act 1988 it is explained that as a credit reference agency, we are not considered to have breached the act by querying the disputed information and adding a NOTICE of Dispute statement. – As a credit reference agency, we are not obliged to provide any documentation or evidence to substantiate that an entry on a credit report is correct. As long as the company with whom there is a dispute confirms that the data is accurate we have fulfilled our legislative obligations.

willow1 replied:

im learning loads from yours and others posts and am trying to read up on everything and write letters etc and i do still class myself as new to this, but with the confidence of disecting everything that you have taught us to do i was disecting this bit of the CRA

b) information under section 158,who considers that an entry in his file is incorrect, and that if it is not corrected he is likely to be prejudiced, may give notice to the agency requiring it either to remove the entry from the file or amend it.”

so as i read that… notice can be given to the CRA to either remove or amend the file with the evidence of the 3 ltr request so surely the CRA have to abide by this bit of the legislation

i know you know loads more than me and im just trying to gain my knowledge, but surely this comes into it somewhere

xxx

letissier14 replied:

Keep reading this bit over and over again 😀

The CRA will contact the OC/DCA and ask if the information they have supplied on your CF is correct. If the OC/DCA reply and inform the CRA that he information is correct, the CRA will write back to you and inform you that the OC/DCA has confirmed the information is correct and the default can’t be removed from your CF. The CRA will also inform you that they have fulfilled their legal obligation as per the rules of the ICO. Within Schedule 1, part II (Interpretation of the Data Protection Principles) of the Data Protection Act 1988 it is explained that as a credit reference agency, we are not considered to have breached the act by querying the disputed information and adding a NOTICE of Dispute statement. – As a credit reference agency, we are not obliged to provide any documentation or evidence to substantiate that an entry on a credit report is correct. As long as the company with whom there is a dispute confirms that the data is accurate we have fulfilled our legislative obligations.

burchie replied:

I wrote to a cra asking to add a notice of correction to a number of items on my cra file. The cra wrote back saying they had contacted the people responsible for the data to confirm it was correct. I wasnt asking them to remove it just to add a notice of correction just like the one lettiser has written.

willow1 replied:

yehey lesty

right had a h&m account with £66 left to pay, just so happens red castle sent a letter last week about it as hadnt heard owt from well over a year ago and with checking all my credit files with this post of yours i noticed GOTHICA had took over the account which is owner of red castle bla bla, but not only had they placed a default on the HM account in sept 2013 they created another account and placed a default on that with no history in october 2013 with a seperate account number. lodged a dispute through equifax for the 2 accounts and rewrote DCA LTR 1 but added parts of this CRA letter in it as well as a few regulations and laws which i sent last week….

equifax today have replied saying gothica have contacted them and they are completely removing both accounts from my records…. just like that GAME SET MATCH 😆 😆 😆

YOU ARE A GENIUS

XXXX

letissier14 replied:

Well done 🙂

burchie replied:

I tried to add the notice of correction to my credit file and all 3 sent it back saying it apportioned blame. I used the one you had written lettiser

letissier14 replied:

The one I posted was accepted by Experian

burchie replied:

I will eend it again lol

willow1 replied:

heres my letter to BGW for the account, i did a simple dispute with equifax and said i would send proof if needed, but after bgw got this letter, the accounts have been completely removed. i sent a section 10 and removal of rights to trespass notice aswell.

Notice to Agent is Notice to Principal. Notice to Principal is Notice to Agent
I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY.

Re: Account XXXXXXXXX and account XXXXXXXX

Dear Mr Andreassen,

Please find enclosed with this letter:

1. Section 10 of the Data Protection Act 1998 Notice
2. Removal of Implied Right of Access Notice.

I feel this matter is serious and wish to deal with it in writing. I do not give you permission to contact me by telephone. I will be logging the dates and times of your calls and messages and should they continue, I must warn you that they will now constitute ‘harassment’ and I may take action under Section 1 of the Protection from Harassment Act 1997 and the Administration of Justice Act 1970 S.40, which makes it a Criminal Offence for a creditor or a creditor’s agent to make demands (for money), which are aimed at causing ‘alarm, distress or humiliation’, because of their frequency or manner.
This account is officially in dispute and as such you:
1. May not demand any payment on the account, nor am I obliged to offer any payment to you.
2. May not add further interest or any charges to the account.
3. May not pass the account to a third party.
4. May not register any information in respect of the account with any credit reference agency.
5. May not issue a default notice related to the account.
6. May not take out a court order/summons.

I have enclosed a Removal of Implied Right of Access Notice with this letter as I reside in this property on my own with 2 children, one of whom is severely disabled and autistic. Any business/visitors to my property need to do so by prior invitation due to this fact, hence the notice of removal of implied rights of access to my property clearly placed on my door, as any business/visitors to my property without prior invitation may cause undue alarm and distress.

Please provide verification of your claim, by providing me with true and certified copies (Not photocopies) of the Deed of Assignment (NOT Notice of Assignment) and Deed of Novation. Please also provide me with the name of the individual who is the duly authorised representative from your company, who has seen the Original Note and is certifying these assignments as certified copies and that your company now has the Original Note (Credit Agreement) under penalty of perjury and with unlimited liability and confirm that the Note has never been sold prior to your company purchasing this account. Please also confirm the name of the individual who is the duly authorised representative from your company, who has carried out due diligence under The Money Laundering Regulations 2007 and what actions s/he has taken in relation to this account.
There are two accounts on my credit report for accounts XXXXXXXXX and XXXXXXX, I feel that these default entries for both accounts were added unlawfully and without merit. Doing so has put you liable to a breach of the Consumers Credit Act 1974, in particular s.87(1) of said Act; Section 87(1) of the 1974 Act allows the creditor to send you a default notice giving you fourteen days from the date you receive it to pay the arrears. The default notice must contain all of the necessary information under the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (‘the 1983 Regulations’) which includes;
1. a statement saying the notice is a default notice served under section 87(1)
2. of the CCA1974
3. a description of the agreement
4. the name and address of both the debtor and the creditor
5. details of the breach (i.e. late payment) and, if the breach can be remedied, the date by which it must be remedied or, if the breach is not capable of remedy, the amount required to be paid after the expiry of the specified date;
As is clearly evident from all previous communication between us regards to these accounts listed, I never received any such notices and as a result I contest the accuracy of the defaults and until such time you can provide proof that you complied with the above Act, you must remove all derogatory data from the files of any credit reference agency.

I am more than happy to issue you a Subject Access Request which should include a copy of the documents I request, which I am hopeful will include a copy of said termination and default notices which, if they are missing, will leave me no alternative but to seek legal enforcement via CPR31.16. Without sight of said default notices, I cannot argue their authenticity, enforceability or execution and therefore will use this as my claim if I am forced into taking legal action, all costs will also be claimed.

It would, however, be in both our interests if you simply agree to remove the defaults, being there are so many inconsistencies with the alleged default notice, the execution, the enforceability and the legal compliance that you must surely have no other alternative but to remove it, least of all as a gesture of goodwill?

As I was never in receipt of any of the statutory documents (Notice of Termination of Contract; Notice of Assignment or Default Notices) then the actual default notices that are shown on my credit file are unlawful and should be immediately removed. I do not want to take this through the courts but I will enforce removal by judgement if necessary, at the end of the day you have acted unlawfully by not issuing fully compliant and correctly executed legal documents.

I must insist that the following requests be carried out;

a) The Default Notice will be removed
b) The Status of the account will change from “Defaulted” to “Settled”
c) The Current Balance will appear as £0.00
d) The Default / Delinquent Balance will be set to £0.00
e) There will be no date in the “Defaulted Date” field (as it will be removed)
f) There will be no date in the “Date Last Delinquent” field on the report
g) This will apply to all 3 Credit Reference Agencies, namely Experian, Equifax & Call Credit.

I am requesting a signed true and certified copy of the original default notices under the Consumer Protection From Unfair Trading Regulations (CPUTR) 2008, The Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983, The Consumer Credit (Enforcement, Default and Termination Notices) Amendment Regulations 2006 and also The Consumer Credit Act 1974 (c.39) – s.87 & s.88 Guidance, and The Consumer Credit Act 2006 (Amendments).

May I remind you that of the recent ruling at the Supreme Court, between Richard Durkin v HFC Bank (Durkin (Appellant) v DSG Retail Ltd and another (Respondents)), that a judgement was established that any lender has a duty of care to ensure that the individual is genuinely in default. You BCW are also under a duty to exercise reasonable care not to make untrue statements about XXXXXXXXX to the credit reference agencies

Please remember that you must answer all questions and answer them truthfully. If you do not have any of the items that I am requesting then you must inform me of such under The Consumer Protection from Unfair Trading Regulations (CPUTR) 2008.

Further action will include reporting your company to the Financial Ombudsman Services, The Information Commissioner’s Office, The Financial Conduct Authority, and after that legal action.

Please provide this information and documents within ten (10) days from the above date, so that I may settle any financial obligation I might lawfully owe. Your said failure to provide verification of your claim constitutes your agreement to the following terms: that you are a third party interloper; you have no legal standing; no first-hand knowledge of this matter; your claim is fraudulent; any damages I suffer you will be held culpable; you agree to pay all fee schedules; that any negative remarks made to a credit reference agency will be removed and that you will no longer pursue this matter any further.

Should you provide sufficient evidence that I owe your organisation or your client any outstanding amount and that you can provide proof that they have assigned you agency, I should be happy to pay any verified claim in full.

Yours sincerely
By:

No assured value, No liability. Errors & Omissions Excepted. All Rights Reserved.

WITHOUT RECOURSE – NON-ASSUMPSIT
Calls maybe recorded

burchie replied:

I asked for this to be added to my cra file and was told it apportioned blame.

I state that this defaulted account is inaccurate and reported illegally. I dispute the right of the data provider to repirt this information and have yet to recieve a true signed copy of a credit agreement, a novation agreement a deed of assignment or a default notice. I have also not recieved a responce to my section 10 request that i sent to the data provider. I am not satisfied that any evidence has been provided to substantiate the accuracy of this information and i would like it to be known that the accounts have been closed by the data provider.

mayluio145 replied:

Great thread.
Thank you for this information. 😉

J12345 replied:

Just to clarify.

i have sent these letters to the DCA’s for defaults that have been satisfied. What is the process for those who have defaulted you, and you still owe them money?

creditshampoo replied:

Got a reply from letter one of this thread from secure trust bank saying they’re investigating my complaint

Eagle1977 replied:

Hi all,

I currently have a default on my credit file from Vanquis. The debt has been sold to cabot. The strange thing is they are not perusing the debt. I’ve had two letters from cabot over the last 4/5 months. The first letter said please pay us etc etc. And, the second letter the same.

Now, I have calculated the debt to be made up of 76.9% penalty charges. Maybe this is why they are not chasing me. I wrote to cabot stating I will pay the whole debt off in full in return for them removing the default. They replied with ‘we accept your offer of payment, but we can’t remove your default’ apparently, I have to contact Vanquis if I feel the default has been placed there in error or I disagree with it. Obviously, I realise that is a load of rubbish, because cabot own the debt and they are reporting my personal details to the credit reference agencies.

Currently, I am claiming the charges back. Which will completely wipe out the outstanding balance anyway. Will I be in a better position to get the default removed once I have the charges back? I will be applying to the small claims court to reclaim the charges.

Thanks

Eagle

nexus76 replied:

hello

Im very new to all this and although i have read and watched the videos im a little confused as to my fist step.

I have debts with many DCA as OC has passed them on. I just want to know what i should use to get rid off or challenge them as i seen in this forum you got your defaults removed. Do i use the 3 letter routine to approach the DCA or the letters here about defaults. Hope you understand,i want these debts gone but do i apply for defaults removed letters here or the 3 letter routine in template letters. please help me as i want these debts removed and my defaults on CF gone so my bad credit is repaired. Thank you

oliver87 replied:

Thank you for this! I have two defaults, one with Gothia and one with BCW, (in the past I see they are two of the same and part of the same debt collecting company / group)

I will be following these steps and I won’t give up. Im debt free ( over 10 grand I supposedly owed just gone ). Now to remove these stinking skid marks these dirty companies have left in my life. 😆

tyreman replied:

I HAVE TWO DEFAULTS ON MY CREDIT FILE FROM ORANGE (EE)
I USED THE TEMPLATE FROM THE OP AND SENT THESE PEOPLE THIS EMAIL LAST NIGHT

[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]

THIS IS THE EMAIL I SENT TO THESE PEOPLE AT ORANGE (EE) LAST NIGHT AT 17:20

27 April 2015

Re: Orange (EE)

Dear Orange/EE

I am writing to Orange/EE in regards to two defaults that is registered on my credit file (although they are satisfied), to which Orange/EE are the data provider.

As the defaults, which were registered on 17/06/2011 for £110 and on 22/05/2012 for £47 is now being processed by Orange. I, (MY NAME) demand that you remove the default from my credit file with immediate effect, as Orange have failed to provide any evidence to substantiate the continued processing of my personal data.

If Orange are unable to remove the default from my credit file, I, (MY NAME) demand that you send me the following information;

A true and certified copy of the original Default Notice under the The Consumer Protection from Unfair Trading Regulations (CPUTR) 2008, The Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983, The Consumer Credit (Enforcement, Default and Termination Notices) Amendment Regulations 2006, and also The Consumer Credit Act 1974 (c.39) – s87 & s.88 Guidance and The Consumer Credit Act 2006 (Amendments)

I feel that these default entries were added unlawfully and without merit. Doing so has put you liable to a breach of the Consumers Credit Act 1974, in particular s.87(1) of said Act; Section 87(1) of the 1974 Act allows the creditor to send you a default notice giving you fourteen days from the date you receive it to pay the arrears. The default notice must contain all of the necessary information under the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (‘the 1983 Regulations’) which includes;

1.a statement saying the notice is a default notice served under section 87(1) of the CCA1974
2.a description of the agreement
3.the name and address of both the debtor and the creditor
4.details of the breach (i.e. late payment) and, if the breach can be remedied, the date by which it must be remedied or, if the breach is not capable of remedy, the amount required to be paid after the expiry of the specified date;

As for your failure to remove the default, as you claim to be the data controller for my information, you should have all information available to you before making any decisions. The Technical Guidance Note – Filing defaults with credit reference agencies as set out by the Information Commissioner’s Office clearly states that Section 87 of the Consumer Credit Act 1974. Where lenders are not required to issue these notices, they can send an intention to file a default through a final demand, letter, which should make clear not only the intention to file but also the date of the intended default. The date should allow the customer enough time to respond properly. Lenders who have to provide a notice of intention to file a default under a relevant code of practice should be aware that not complying with the code may be taken into account in any assessment of the fairness of their processing.

Please forward me this notice by return. If you are not in possession of this “notice of intention to file a default” you must inform me of such. Please don’t inform me that I should contact the original creditor for this information, as you claim to be the owner of this account, may I bring it to your attention that under s.189 of the Consumer Credit Act 1974, you are now the creditor as defined by s.189 of the Act, and are responsible for both rights and duties. Therefore, it is your responsibility to to have all the documents related to this account and it is not my responsibility to contact the original creditor for documents that you should have in your possession.

As I was never in receipt of any of the statutory documents (Notice of Termination of Contract; Notice of Assignment or Default Notices) then the actual default notices that are shown on my credit file are unlawful and should be immediately removed. I do not want to take this through the courts but I will enforce removal by judgement if necessary, at the end of the day you have acted unlawfully by not issuing fully compliant and correctly executed legal documents.

I must insist that the following requests be carried out;

a) The Default Notice will be removed
b) The Status of the account will change from “Defaulted” to “Settled” (not satisfied)
c) The Current Balance will appear as £0.00
d) The Default / Delinquent Balance will be set to £0.00
e) There will be no date in the “Defaulted Date” field (as it will be removed)
f) There will be no date in the “Date Last Delinquent” field on the report
g) This will apply to all 3 Credit Reference Agencies, namely Experian, Equifax & Call Credit.

If it becomes clear that you do not have the documents that prove that the intention to default notice was ever sent to me from the original creditor, nor do you have the default notice, as per the Technical Guidance Note, issued by the ICO. I request that the default issued against the account be removed from my credit file with immediate effect, as under s.189 of the Consumer Credit Act 1974, you are classed as the creditor. Your attention is drawn to s.5(2), 3(b), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

As it is clearly evident from all previous communication between us regards to these accounts listed, I never received any such notices and as a result I contest the accuracy of the defaults and until such time you can provide proof that you complied with the above Acts, you must remove all derogatory data from the files of any credit reference agency.

I am more than happy to issue ORANGE (EE) a Subject Access Request which should include a copy of the documents I request, which I am hopeful will include a copy of said termination and default notices which, if they are missing, will leave me no alternative but to seek legal enforcement via CPR31.16. Without sight of said default notices, I cannot argue their authenticity, enforceability or execution and therefore will use this as my claim if I am forced into taking legal action, all costs will also be claimed.

It would, however, be in both our interests if you simply agree to remove the defaults, being there are so many inconsistencies with the alleged default notice, the execution, the enforceability and the legal compliance that you must surely have no other alternative but to remove it, least of all as a gesture of goodwill?

Please remember that you must answer all questions and answer them truthfully. If you do not have any of the items that I am requesting then you must inform me of such under The Consumer Protection from Unfair Trading Regulations (CPUTR) 2008.

Yours sincerely
……………………………………………………………………………..


AFTER SENDING THIS EMAIL THIS IS THE RESPONSE I GOT LESS THAN 24 HOURS LATER AT 12PM

Case Reference: *******
Account Number: ********


Dear Mr ******,

Thank you for your email received in the Executive Office, regarding the above account. I confirm the following information to you.

Your Credit File must show a true reflection of your payment history and Orange legally have to provide an accurate report to the relevant credit reference agencies of this. There has been a time where your bill had not been paid on time therefore this will show as a default on your Credit File.

As a gesture on this occasion I have asked our Credit Referrals Team to remove the default from your Credit File. This should be visible to you within the next seven working days.

I trust the above is satisfactory.

Yours sincerely

Amy Harrison
Executive Office, EE


HAHAHAHAHAHAHHAH LOOOVE IT!! RESULT….THANKS OP! NOW TO GET THAT MORTGAGE

letissier14 replied:

Well done 🙂

leafyfish replied:

My husband and I lost a business in 2007 and ended up with 4 defaults each on our credit files due to not being able to make the minimum payments. I contacted the creditors and put payment plans into place which have been kept up to date ever since. 2 of the defaults on each account have now disappeared even though we are still making a small payment to the dca’s each month. The other 2 were paid off and are marked as satisfied but remain visible on our files. These are still affecting our credit ratings and I am really annoyed that we are still struggling with our credit scores after all this time. The default date of the paid up defaults is 2011 so they are due to stay on for another 2 years even though they are settled.

Can we do anything to get these removed?

letissier14 replied:

Start by reading the first page of this thread

jonboy79 replied:

Hi

This is a great resource.

I’ve been to-ing and fro-ing with Lowell about an old CC debt from 2012.

I was in process of negotiating a settlement when I found this forum and had already got them to agree to 50% of the debt which I thought was fair. However, the ‘aftertaste’ of the default remaining on my file didn’t sit well, especially as its in the DC name and not the OC.

So… I’ve been using the info on this thread to not only reduce the payment by 50% but to try and get them to remove the default as part of the settlement.

So far have sent letters 1 and 2 and they seem to be fobbing me off with the last correspondence statuing they have a ‘reconstituted agreement from the OC and letters dated 18th & 19th July THIS YEAR!! and therefore are happy the default is recorded correctly. Why the OC would be writing to me this year, I dont know, especially if the DC, as they claim, are the legal processors of my info since 2012.

My question is… should I accept the settlement of 50% THEN go after them to remove the default, or should I continue to use the leverage if them not having any of the legally required documents (as appears in this case) to accept my counter offer of 50% and complete erasure of the default info.

Bit of a departure from the examples on this thread so would appreciate advice, particularly on how this would likely be viewed by ombudsman etc with the accounts being unsetteld, should I have to report the DC for not having the docs required.

Thanks in advance

Jon

creditshampoo replied:

I would use the leverage

Lookingahead replied:

Hi all,

Once again I appreciate any advice you’re able to give and I definitely appreciate your time taken to respond.

I have recently discovered a default on my credit file whilst getting prepared to apply for a mortgage. The default is from the original creditor, Payday UK. Having spoke to them yesterday it was quite clear that they have no intention of removing the default. I have yet to settle this debt and it’s over 14 months old – in all honesty, I forgot about it. I am willing to settle the debts today but thought I would ask for your advice first.

Should I settle the debts and then send the letters mentioned on here in the hope the default gets removed?

I have asked for my credit agreement, they emailed me this morning asking for £1 admin fee. Should I wait until I receive this before paying/sending letters?

I have been doing some research on the company PDUK (MEM Consumer Finance) but now I believe they are owned by DFC Global Corp. I have been searching through linkedin for their CEO, would they be the best person to contact with my request?

Thanks in advance 🙂

Lookingahead replied:

Hi,

Should I pay off the debt before attempting to get the default removed?

Hope someone can answer the above. Thanks.

katc81 replied:

hi letissier14

I wonder if you can help me. I’m trying to get a default removed by a DCA who bought the debt of £253 from vodafone. The debt was on the account after the account was supposed to be “frozen” in order for me to go away abroad for 7 months with my job in the forces. Vodafone cut off the phone and continued charging me every month when I was deployed without my knowledge as they had agreed to freeze the contract and reactivate on my return. After returning and disputing this with vodafone they would not admit the were in the wrong and sold the debt on to a DCA. This situation occurred in late 2012/early 2013. After much discussion with the DCA and them conversing with Vodafone who vehemently denied they were in the wrong I paid one month bill which I felt they were partially entitled to as it was for the month I was deployed – even though I had already left by the time the bill had been issued. The DCA put on file that the debt had been partially settled. I was never informed there was any default on my credit file until recently applying for a mortgage. I need a specialised mortgage which I cannot get with the default on my file!! I really really need it removed asap. The DCA say they can only remove it if I can prove that vodafone are wrong. I have requested a SAR but I spoke to vodafone today who said that they wont keep call recordings that long so there is no real way to prove that what I am saying is true. I have printed off your template letter but Im not sure what bits to use as I have already requested the SAR and I have never received any letters from Vodafone or the DCA saying that a default was being put on my file!! Could you give me advice as to what to do next and what I should be threatening the DCA with!! Or what bits I can leave out from the template letter. I’ve told them I wont give up and I will get this default removed I just need to know what is the quickest and most effective route now I’ve already gone this far. Would be so grateful of a reply, I need to get the mortgage asap 🙂

Summer2011 replied:

Hi I was hoping someone could give me some advice & hope!

I read the first few pages & started a draft letter.

My now husband got some higher purchase items from currys back in 2007, young & foolish paid little to nothing towards it from what i can gather.

In the last few years we have been saving to buy our first house, i checked both our credit files back in march 2014, nothing bad to report ( i printed these & still have them as evidence) I also checked them 3 months ago before we went to buy a car ( nothing to report on his other than the fact he hadn’t got much credit) we brought the car in his name- finance no issues.

yesterday we went to apply for a mortgage, it came back that there was something on one of our credit files- his, this currys account has all of a sudden showed with a default from 2011, that never showed on any previous searches, a company Lowell have literally contacted us in the past 2 weeks wanting to settle the account, which we arranged a monthly payment as soon as contact was made. apparently the debt had ‘gone away’ but when currys were brought out by pc world they started chasing the debts again?

My arguement is that had we of recieved a letter back in 2011 ( we were at the same address then as we are now) we would sorted it back then & the default would never of occured but also find it odd that it never showed up untill recently?

could someone please send me in the right direction as what to do next?

many thanks xx

katc81 replied:

Just an update. After getting nowhere with Lowell by phone and they said after investigation the default would remain I used your template and sent 3 emails; one to The CEO, one to the financial director, one to customer services and a letter to customer services. Within 4 days I had a reply (even though I received the letter 6 days later through the post). Lowell won’t uphold the points I made in my letter and they reckon as a mobile contract is a service agreement they don’t have to supply a notice of default. However as a goodwill gesture they are removing the default within the next 48 hours!!! Did a little happy dance around the house!!! Thanks to everyone on the forum I am eternally grateful.

Harbyg replied:

It is a long story so please bear with me as I want to get the right advice. Having for many years tried to get my credit file back in shape ready to get a mortgage I am now stuck with a default registered in 2013 and need some advice on what to do now.

Back in 2005 I opened a Kay’s catalogue account and ran it successfully until 2008 when I lost my job.

I wrote to them with a budget plan and made token payments which they accepted.
In 2012 they passed the debt to lowells who contacted me to arrangement payment with them and placed a default on my credit file.

I paid for a few months at my offer rate I had been paying with Kay’s direct but they kept pressing for more so at the same time requested a signed copy of my credit agreement. I had a letter back saying they had requested it from Kay’s and as they hadn’t got it would close my account and remove the default. (Happy days I thought).

I left it a few months and sure enough the default had been removed by them. However at the same time a default was registered by Kay’s on my credit file.

I wrote to Kay’s and disputed the account and asked them to,remove the default but they wrote back saying that even though there is no signed true credit agreement they can still default the account as me receiving the goods is eveidence of a contract between us.
I wrote asking for a sar which they have sent back and the account shows that default notice was sent in October 2012 (however wasn’t put on my credit file until June 13). I may have recieved the default notice but can’t remember to be honest.

I’m really at a lost of what to do now and if anything can be done as I really do this default to go away so I can get a mortgage. I don’t have the money to pay the account as since 2008 they have added £12. A month admistration fee and the total is now more than £3800 even though I had been paying £8.60 a month token payments. I’ve also noticed that there is account cover plus on the account (PPi) which I wasn’t aware I had been paying, so,could I claim that back or should I not I case they chase me for the balance to the account.

Any information anyone can give me would be a great help.

emmsy replied:

Well done to those of you that have had your defaults removed by EE and vodafone recently. I wonder has anyone had any joy with British Gas?? They seem to be the epitome of evil 👿 when it comes to doing this.

Thanks, hopefully
Emma

londonadam replied:

I’ve trying this out.

I am in deadlock with EE

Anyone know what I should do next?

They replied with

EE do not retain copies of your original signed agreement. A mobile phone agreement is not a regulated agreement under the Consumer Credit Act as such we are not required to retain a signed copy of your agreement. When you connected to the T-Mobile plan you would have been asked to either sign a customer agreement form stating that you had read and agreed to the terms and conditions or, in the case of telesales, you would give verbal agreement to the terms and conditions over the phone and a hard copy would be supplied with the delivery of your phone. This is in compliance with the Consumer Protection (Distance Selling) Regulations 2000. In all cases the terms and conditions applicable to your agreement with EE (The Contract) are supplied in the box with the phone. These will either be in a separate guide or in the back of your phone user guide.

In relation to your question regarding the issue of default notices being issued under the Consumer Credit Act:

EE PCS are registered under the Act, and requires this registration for certain non-core services such as the giving of Interest Free Credit for phones from time to time. The network contract however is not covered by the Consumer Credit Act and accordingly we are not required to supply information under the provisions to which you are referring.

plutusnemesis replied:

😀 😀 😀 ❗

Mattb7974 replied:

hi all,

was wondering for a little help.

i settled several depts in 2012 to barclaycard/ lloyds (i believe in settled them with DCA’s) they have show satisfied defaults since then.

the defaults show as the institute and not the DCA on my experian report. so when writing letters, should i do it to the institute (barclaycard/ lloyds) or the DCA, who frankly i can’t remember.

also the depts were between £471 – £3000 but are all satisfied so should i go in will the legal letter or a “please/ sympathy” approach

thanks

Mattb7974 replied:

HI EVERYONE,

BEING NEW TO THIS SITE LIKE MOST I HAVE NO IDEA WHERE TO START. I CURRENTLY HAVE 5 DEFAULTED ACCOUNTS LISTED BELOW WITH 3 OF THEM SATISFIED. LIKE MOST PEOPLE ON THE SITE IM LOOKING TO GET THEM REMOVED WHERE I CAN BUT HAVE NO IDEA WHO TO CONTACT ETC

LLOYDS –
DEFAULT – 19/5/10
SATISFIED – 30/9/12
AMOUNT – £874

LLOYDS –
DEFAULT – 26/05/2010
SATISFIED – 30/04/2012
AMOUNT £3705

WONGA –
DEFAULT – 20/12/2012
NOT SATISFIED
AMOUNT £778

MONEY SHOP –
DEFAULT – 01/10/13
NOT SATISFIED
AMOUNT £319

BARCLAYCARD
DEFAULT – 16/11/11
SATISFIED – 01/04/2012
AMOUNT £515

I AM WONDERING WHERE TO START….
– ON MY EXPERIAN REPORT THE NAME APPEARS AS THE INSTITUTE AND NOT AS A DEPT COLLECTION AGENCY, HOWEVER I REMEMBER SETTLING THE DEPT CERTAINLY TO A DEPT COLLECTION AGENCY… WHO DO I WRITE TO?

– DO I TAKE A SOFLY APPROACH OR USE THESE BIG WORDED LETTERS TO APPROACH THE REMOVAL OF A DEFAULT?

– HAS ANYONE HAD SUCESS WITH THE INSTITUTES ABOVE WHO CAN OFFER ADVICE

THANKS EVERYONE
MATT

stereotype replied:

@Mattb7974 – any luck with the banks?

Have you tried sending any of the letters from page 1 of this thread?

[email protected] replied:

Hey all

Just been going through the post again. i was just wondering would it be a wise idea to start this ‘process’ asking these set of questions plus a few of my own:

a) The Original Credit Agreement, signed by both myself and the original creditor, (You have never sent me this)
b) The Novation Agreement between the OC, DCA and myself,
c) The Deed of Assignment – Please don’t write back to me telling me I am not entitled to see the Deed of Assignment because we both know that this is the only way to actually prove the debt was bought by you and what type of Assignment rights were given,
d) The Fair Processing Notice and requisite permission which you claim to have, which also shows my agreement,
e) The Notice of Assignment which you claim to have sent me,
f) A true and certified copy of the original Default Notice under the The Consumer Protection from Unfair Trading Regulations (CPUTR) 2008, The Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983, The Consumer Credit (Enforcement, Default and Termination Notices) Amendment Regulations 2006, and also The Consumer Credit Act 1974 (c.39) – s87 & s.88 Guidance and The Consumer Credit Act 2006 (Amendments)
g) Written and signed proof that you are entitled to process my data.

i was thinking that this would be a more neutral position to start with before mentioning the technical bits, which if went court ect would look favorable.

any thoughts welcome 🙂

Peace all 😀

Fannytraps replied:

Removing defaults from your credit file is very simple and a matter of choice.

One option is time consuming and requires a dedicated time investment, while the other option is to discharge the debt and threaten legal action against the reference agency for LIBEL.

The first option has been detailed by the first poster of this topic.

The second option is written above.

creditshampoo replied:

Sorry, where’s this second option?

Thanks

Fannytraps replied:

the second option is discharging the debt and suing for libel

nr24103 replied:

hi all been to county court today 3/3/16 to defend a claim from Lowell portfolio re. 02 mobile account. the judge struck the case out for cpr 27 breach not following judges directions to supply default notice.. notice of assignment witness statement. did,nt even turn up to support their claim could I get the default removed Lowell are the one,s reporting it ? thanks

creditshampoo replied:

i’d demand they remove it, very surprised the judge didnt order them directly to remove it themselves.

creditshampoo replied:

This sounds like an “easier” way to remove defaults.

Can I ask if there is a guide for this on the forum? I’ve tried tested and exhausted the method from the OP of the thread for my last remaining default with no luck. thank you.

nr24103 replied:

got 2 letters back today one from the court saying = upon the claimant not attending and hearing the defendant in person the claim is struck out = the other one from noddle saying they had contacted Lowell and the default is correct so cannot be removed even when the a claim is struck out

timewarps replied:

Hi, does anyone have any idea how to approach EE on this matter? It seems from an earlier post in 2015 that the letter doesn’t work.

Will be grateful for this

timewarps replied:

Someone started a petition to get mobile companies to be forced to be under the Consumer Act to protect consumers such that default notices will be served. Please sign as we need 10,000 signatures

https://petition.parliament.uk/petitions/120003

oscar3008 replied:

Hi,

Does anyone think they may be able to help me out with a few questions regarding removing defaults on credit files.

Ive read somewhere on the internet that its possible to remove defaults if they are under £500.00 by using the ‘sympathy strategy’, has anyone had any success with this?

I have 4 defaults (all cleared/paid in full) currently on my credit file.

The 1st is from next directory. It wasn’t until i registered with Experian in Oct 2015 that i even knew i had an amount still owed to Next (it was £46.00). This account was from 2011 and defaulted on 28.01.2011 but has a ‘gone away’ mark from 10.01.2011, i did move in October 2010 but im almost positive i would have let them know. As soon as i knew about the outstanding amount in October 2015 i rang them up straight away and paid. Would i be able to argue my case that as soon as i was aware of it i cleared the amount in full?

The 2nd is from a very catalog – passed onto Capquest and recorded as default by them too. Defaulted on 17.05.2011 amount £188.00. I have read there is a small chance of getting defaults removed if the debt is passed onto a debt collection agency as this may not be outlined in the original credit agreement?

The 3rd from a Vodafone contract – passed onto Lovell and recorded as a default by them too. I have read that mobile phone companys are governed by a different set of rules so i may not have much luck here? Or would the same strategy as the above work as it was passed onto a debt collection agency?

The 4th (which i dont think i stand a chance of getting removed) is from Halifax bank. Defaulted on 03.2013 amount £662.00. Basically i got into trouble with an unauthorised overdraft in the sense that i could still use my card to make purchases online and in person despite being out of my agreed overdraft limit (stupid as hell on my part!). I remember having dealings with the halifax themselves and then it being passed onto a debt collection agency (even though the default is registered with halifax and there is no other debt collection agency noted on my credit file), im pretty sure that the date the default is recorded is not correct and infact should be earlier – im convinced the 2013 date is from when i was dealing with a debt collection agency and not the original default date from the halifax.

Any help anyone has would be greatly appreciated, sorry for the long post!

paulnmusic replied:

Hi

I do not believe a default will be removed by a debt collection agency or the original creditor at all unless a court case has dis-proven the debt. They’re a funny bunch.

besides which they i am sure like to keep names etc on file.

Davie260563 replied:

Good morning/evening everyone.

I’m amending my original post as i found the answer in an earlier post and don’t want to clutter the forum of repetitive questions.

However i have another that I’m unsure of although i am aware that there is information regarding this within the forum id just like some advice on what is the best option is.

Iv adjusted letter 1 to my needs and have included a postal order within the letter even tho i have read that this is not necessary.

I would like to know who is the best person to send the letter to regarding my default with Lowell.

LOWELL FINANCIAL LTD
ENTERPRISE HOUSE
1 APEX VIEW
LEEDS
LS11 9BH

Is this the main address everybody has been using ? do i send it to a certain somebody or will this just go to customer service dept on its arrival.

I am aware that sending the letter via recorded delivery is a must.

Any feedback would be much appreciated thank you

Davie

maxz replied:

Good evening people, newb here!

I stumbled across this thread when I was googling last night about default removal. I recently found out that Orange/EE had placed a default on my credit file in September 2014, 16 months AFTER I had apparently stopped paying for an old Orange contract.

I had already contacted their Executive Department, who were extremely unhelpful.

Anyway, I figured I’d give the sample letter from the OP a shot, and I sent it to their CEO, as well as the other email addresses listed by Tyreman in this thread.

So, I get a call today at 1pm from a senior underwriter in their credit control department who said, quite simply, that he AGREED with the content of the letter and was immediately removing the default, as well as zeroing the account. He also said there were incorrectly recorded late payments, which he was also going to amend!

Then, at 2pm, I got an email from him, as promised, detailing exactly what he had done. All in writing and confirming our earlier call.

I am speechless and beyond grateful for this forum and this thread/OP. I only had the one default on my account, so thankfully, my credit file should be a little healthier now. My husband has a couple of old o2 accounts that are with Lowell, so I’m going to try my hand with them…as Lowell placed defaults on his file, not the OC.

So yeah, I just wanted to say thank you so much. If there was a way I could buy the OP and Tyreman a pint, I would.

🙂 🙂 🙂

Davie260563 replied:

Received a reply back from from Lowells after sending letter 1 there stating that they have no obligation to send out copy of agreement “as the account is not a regulated agreement under the consumer credit act 1974”

Have I hit a brick wall or if not what would be my responce be ??

Any help is much appreciated

I have attached their reply below

creditshampoo replied:

They still havent provided you with proof they can process your personal data or that they own the account

Davie260563 replied:

so is it worth sending them the 2nd letter as I feel they will send me the same reply so would taking another approach be the better option ?

Klou65273 replied:

Xx

jackcarrick replied:

Hello

I am new to this forum 🙂

Could someone tell me, can you still ask for a default to be removed from your credit file if there is an outstanding balance?

Thanks

creditshampoo replied:

You can ask but they will want it paid for before they even consider it.

If they do agree to remove it once paid get it in writing before you pay.

hollow_crown replied:

Hi all

So I sent the letter in the OP and got a letter back from Halifax and Lloyds with £100 compensation…but what do I do now?!

To give you some background information I have two defaults on my credit report, one from Lloyds and one from Halifax. These have been around since 2010/2011 when I knew little to nothing about credit reports and the effects they have.

I wrote a letter to them both saying that they failed to provide evidence for continued use of my data and today received two cheques with compensation of £100 each as well as a small amount taken off my default balance. In the letter, they have said ‘we can see the procedure wasnt followed and therefore charges were allowed to accrue.’

The balance for both defaults are £3000 and £800.

What would your next steps be? I am keen to write back and not accepting the compensation, and instead asking for the full value to be compensated as it has had a detrimental effect on my credit history(unable to open bank accounts etc).

Does anyone have any advice on how to word a reply, or whether to just accept the compensation as is?

Hassank92 replied:

Can somebody help me please? I have a default with Orange/EE and I sent them an email with the template by OP on first page, this is the reply I got:

“Hello Hassan

Thank you for your email.

Any Default placed against a credit file remains there for 6 years. As your mobile phone contract was not a credit agreement, we have no obligation to issue a Default Notice nor an intention to do so. This is because the contract is not covered by the Consumer Credit Act for the reason mentioned above.

Our Credit Analysts have investigated your account and found that the balance relates to invoices dated from November 2011 to February 2012, which were then paid in January 2013. As such, the Default is correct and the mark on your credit file will remain. There is no record of any disputes of the balance being raised at this time If you wish to seek independent legal advice regarding the matter this is entirely at your own discretion.

I trust the above clarifies our position.

Kind regards

Jonathon Cannings

Executive Office”

Star15 replied:

Hi all

I’m new to this forum after researching removing a default from a credit file.

Basically I only realised a default had been applied in August 15 by Shop Direct when I checked my credit file recently as I want to apply for a re-mortgage.

I ran into some short term financial difficulties last summer and considered my Shop Direct account with an outstanding balance of £268 the least priority debt. Although I kept Shop Direct fully informed of my situation and maintained a short term reduced payment plan, when this ended after 3 months they wanted the account bought fully up to date which I was unable to do.

The debt was sold to Lowell and after a series of standard letters from them I have now set up a monthly repayment of £5 which they are happy with. However, having now discovered the default and the effect this is having on my credit file I am on a mission to get this removed; I’ve been inspired and motivated by the success stories on this forum.


Already sent Letter 1 and had a reply as predicted saying:

“The default was added to your account by Shop Direct and they would have issued a default notice to you. Upon sale of the debt to us, Lowell became the data controller and therefore the default was transferred into our name.

We are under no obligation to provide you with a copy of the default notice.

Based on the information available to us we believe the default entry is correct. We are unable to remove details of defaults as we are required to reflect true and accurate information on how your account has been conducted.

As we are obliged to show this information for a maximum of 6 years from the fate of the default, we are sorry to say the information will not be removed from your credit file.”


I have persevered and sent a Subject Access Request and received this response:

I don’t recall receiving the Notice of Assignment, would it have been sent by Lowell or Shop Direct? Either way, if it was sent, I don’t have it now.


Has anyone else had dealings with Lowell and received similar responses to the letters?

Also, although I am going down the 3 letters route at the moment, would it be worth negotiating a payment to Lowell to clear the balance in return for removal of the default, or would that compromise my mission to remove the default on the grounds of them not having permission to handle my data?

I just want to do whatever it takes to get this default removed as it is the only thing affecting my credit file now and I can’t wait 5 years to apply for a remortgage!

Any help or advice gratefully received.

Thanks in advance!

Star15 😀

flyboy1 replied:

I am new to this site and wondered if I could get some advice. I received this letter from Payday uk and after checking the sections of the consumer credit act 1974, they don’t match the ones they have quoted on here, are they correct in this reply or just fobbing me off?

Thanks in advance

Dear

PO BOX 255 Bicester Oxfordshire OX26 4ZY Ph: 0330 024 1642 E: [email protected] www.paydayuk.co.uk

13 July 2016

Thank you for your communication received on 8 and 12 July 2016, regarding your complaint against PaydayUK.

You have requested a copy of your credit agreement. As the loan in question is a Fixed Sum Loan Agreement then the request has to be made under Section 77(1) of the Consumer Credit Act 1974 as amended by the Consumer Credit Act 2006 (The Act). Accordingly, pursuant to Section 77 (1) you are required to pay PaydayUK the sum of £1.00 when making a request under the terms of that statutory provision.

Although you have not paid us £1.00 for the provision of a copy of your agreement under Section 77(1) of the Consumer Credit Act 1974 (as amended), in the interests of acting reasonably and notwithstanding the fact that you have not paid the £1.00 fee, we have enclosed your copy.

Please note, that pursuant to Regulation 3 of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 PaydayUK is required to provide a ‘true copy’ of the executed agreement in accordance with the terms of the Regulations. In providing that true copy, we are permitted to omit any signature box, signature or date of signature from the copy of the agreement that is provided to you. In providing the enclosed copy agreement, PaydayUK has complied with the terms of the Regulations and with Section 77 of the Consumer Credit Act.

In addition you should be aware that a credit agreement can be signed “in the prescribed manner” as per section 61 Consumer Credit Act 1974. This encompasses the signing of credit agreements other than in writing. Consequently a credit agreement may be signed electronically.

I am enclosing an executed copy of your loan agreement in addition to a copy of your statement of account. I do hope that you find this information helpful. Please note that you are currently in breach of your contract. Your balance is overdue by 1048 days. We are not required to provide you with any other documentation to validate your debt.

You have asked us to supply proof of the credit search PaydayUK completed prior to receiving your loan deposit on 17 July 2013. Please note that as this is commercially sensitive data, the information is not available to you as a consumer.

If you elect to refer your complaint to the Financial Ombudsman Service (FOS) and we are asked to provide this information to their service, we will comply with their request however as this information was given to us by a Third Party, the FOS would not be able to disclose this information to you.

The requirements in which a default notice is required is clearly outlined by the Consumer Credit Act (section 81) 1974.

Need for default notice:

(1) Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice “) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,–
(a) to terminate the agreement
(b) to demand earlier payment of any sum, or
(c) to recover possession of any goods or land, or
(d) to treat any right conferred on the debtor or hirer by the agreement as terminated, restricted or deferred, or
(e) to enforce any security

As none of the above actions were taken, PaydayUK is not obliged to remove a default which has been placed on a credit file, nor do we have to provide a copy of a default notice as a default notice was not required or issued in this instance.

The following should also be noted, extracted from the Information Commissioners Office (ICO)- The Data Protection Technical Guidance, Filing defaults with credit reference agencies 2010′. (This was updated January 1st 2014, however as your loan was deposited July 2013, the 2010 guidance will apply):

“The term default” when recorded on a credit reference file should be used to refer to a situation when “the lender in a standard business relationship with the individual decides the relationship has broken down”.

“10: Indicators of a default

The following indicate that a breakdown has occurred in most types of product:

• The account has been referred to a collection agency or in house debt collection department.
• The account has been referred for legal action
• The account has been included in a bankruptcy, IVA, or similar
• The asset financed has been repossessed or instructions for repossession have been given.
• The lender takes or has taken steps to cut off the service provided or would do so if they were not prevented on social rather than commercial grounds or by other regulations, codes or practice statute). • The customer has not made satisfactory proposals in response to a demand for repayment.
• The customer has given clear indication, for example, by handing back an asset that they do not intend to meet their contractual obligations.
• The lender has evidence that an account has been opened or used for fraudulent purposes by the applicant.

PaydayUK does not believe that you made satisfactory proposals in regard to your overdue account balance as our efforts to make contact with you between 6 September 2013 and 20 March 2014 were unsuccessful. Additionally, no further contact was received from you until your email of 14 September 2015.

With regards to your historic lending with PaydayUK, our records confirm that a loan sum of £200.00 was deposited to you on 29 June 2005.

You elected to defer the loan on one occasions leaving an amount of £250.00 (£200.00 principal loan, £50.00 contractual interest) due for repayment on 30 August 2005.

Unfortunately when PaydayUK attempted to claim this amount from your registered payment card the transaction was declined and your loan fell into a position of arrears and subsequently defaulted.

The entry relating to this loan would have remained on your credit file for a period of 6 years after being closed, whether settled by you or defaulted. When applying as a new PaydayUK customer in July 2013, I can confirm that no record of your loan deposited in June 2005 was evident at the time of completing our credit check with Experian.

I am sorry that no reference to your lending with PaydayUK in 2005 was made in our Final Response letter issued on 1 July 2016. Please note that we would have been unable to include this in our review under the Limitations Act 1980 as financial institutions are not required to keep records for more than six years. Furthermore, the Financial Ombudsman Service guidance on the matter states:

‘The complaints-handling rules set time limits for consumers to refer complaints to the ombudsman. After these time limits have expired, the business can choose to object to the ombudsman looking at the complaint on the grounds that it is “time-barred”.’

This extract is taken from the Financial Ombudsman Service website (specific link: http://www.financial- ombudsman.org.uk/faq/businesses/answers/before_we_get_involved_a7.html) which goes on to state the relevant specific time limit as:

‘Six years from the event the consumer is complaining about (or – if later – three years from when the consumer knew, or could reasonably have known, they had cause to complain).’

In addition you can refer to the Financial Ombudsman Service website which further explains this matter.

Should you wish to contact PaydayUK with any further queries regarding this issue, please contact Customer Relations using the details below.

Yours sincerely,

Fiona Henderson
Customer Relations Department
T: 08002 802548
E: [email protected]

Tiggy replied:

Which bit aren’t you sure of? They’ve quoted section 81 of the CCA, that should be Section 87 but other then that it appears ok?

flyboy1 replied:

If they passed this on to debt collection, would they not have had to issue a default notice first? What does it mean by “becoming entitled”

Is there any advice you can offer me with regard to attempting to settle/get this removed from my file.

I don’t believe they acted fairly when I fell in to debt and from a £600 debt, they want £1000.

Two of my other creditors have agreed to remove defaults on receipt of payment.

I am just stuck with what to do with this one.

Any assistance would be appreciated

Livvy2503 replied:

Maybe a bit of a dumb question, but is it best to do the three letter process THEN follow up with the default removal letters? I’m a bit confused! I’ve just had a first letter from PRA.

jr_lewis replied:

Hi,

I have a default going back 2 years, satisfied months ago, and have only recently started exploring avenues by which I can have this removed, as I’ve only recently started looking in to mortgages and realised what a disastrous effect his has.

What are the chances of getting a default removed that has been satisfied for over 12 months, and defaulted around 2 years ago?

thanks
JRL

JMRodriguez112 replied:

Hey everyone I am also new to this forum and in desperate need of help. I live in the US and have a default on my CF from a few years back. Now my situation is a little different, The account was opened by my mom who used my social to cosign for the loan because her credit was shot. I never gave her my permission to use my social and I never signed any papers or spoke to anyone to approve of this loan. My social was used without my consent and now the account is on my CF. Could these templates work for me in the US? I have already disputed the default with Experian, Equifax, and Transunion but they continue to tell me the information s correct. Please I am trying to buy a house soon and this is killing me. Thanks In Advance.

Trout_maske replied:

Hi all and Happy New Year. 🙂

really desperate to get a default removed from my Credit file.

The debt was still with the OC Barclaycard and had not been sold on to a third party. I made a final partial payment to settle the outstanding debt and have agreed with Barclays they will no longer continue to chase this debt. I have an issue with the fact that this is still appearing on my credit record though. I would actually like to get a mortgage in the next 12- 18 months. The default was registered in March 2016 and I fear this will dramatically affect my chances getting a mortgage. Does anybody have experience of this?

I wrote Barclays a letter asking them to prove they followed procedure in issuing the default. And asking them to remove the registered default, threatening SAR and all the other blurb in the template letters on this thread.

They have written back with a categorical NO!! And that they wont even remove it as a gesture of goodwill. They have also included a copy of the letter they issued in Feb 2016 which contains the default notification.

What should I write back with next?

Porridge replied:

Hi guys,

I have settled Default for under £400 with Barclays from over 20 months ago that I am trying to get removed from my credit file. I no longer bank with them and have been wrestling with them for months to remove it.

They have been able to present everything to me, apart from the credit agreement or deed (it was a current account which went into unapproved overdraft) as they say they do not have to keep it for longer than 6 years (I opened the account in the 90’s).

Is this true?

I have recently sent them a section 10 as a last resort and am awaiting a reply…

Trout_maske replied:

I’d be interested to see this 2nd letter you sent? Could you pm me and perhaps we could work on some letters together.

In a very similar situation with Barclay’s. They sent me a copy of the default notice but I’ve no copy of an original credit agreement.

TooMuchHassle replied:

Hello all,

I normally just look at these sites but after seeing the helpful replies I thought why not.

In Nov 2014 I had missed two payments on a card, and I was aware by this time that hiding did no good, so I called Capital One to explain I was starting a new job and it would be maybe 1-2 months until I could get the balance back within it limit (which I did). I was then sitting on £227.57 on a £200 limit due to charges and interest. The advisor said sure, we can setup a payment plan, but no mention of the different types. I got an expenditure form and filled it in. On the form there were two options longer and shorter (max six months) in section 8. The £10 per month I agreed to pay was double the interest on the account if within it’s balance (I think 28%) I thought well, they are giving me the option I will take the longer one, not realizing it had consequences. Oh boy what a mistake. This option defaulted the account immeditaley. I never received the letter they said they sent about stating this so it went untoticed until around a few months ago when I did a credit check.

I contacted the financial Ombudsman who said they decided in the companies favour. I have since replied stating a few facts they got wrong and are now reassessing. The thing I feel is wrong that nowhere on the form I filled in explains the two options or their consequences.

I had a look on the consumer report and wondered if it applied?

I had a look on the consumer act and seen the below which I don’t feel applied to the agreement form I filled out.

55 Disclosure of information.

(1) Regulations may require specified information to be disclosed in the prescribed manner to the debtor or hirer before a regulated agreement is made.

[F155A Pre-contractual explanations etc

Before a regulated consumer credit agreement, other than an excluded agreement, is made, the creditor must–

(a) provide the debtor with an adequate explanation of the matters referred to in subsection (2) in order to place him in a position enabling him to assess whether the agreement is adapted to his needs and his financial situation,

(2) The matters referred to in subsection (1)(a) are–

(c)the features of the agreement which may operate in a manner which would have a significant adverse effect on the debtor in a way which the debtor is unlikely to foresee,

Any advice?

Thanks in advance

it1gtr replied:

Great thread with lots of useful info, thanks.

I have been working hard to sort my credit file out and would have been default free in December this year, but have found that BT registered a default for £40 last year from an account I switched to PlusNet (all settled)

Can I use this approach, or is it worth trying the sympathy card first given the amount. It irks a bit knowing this is going to have a serious impact for 6 years over £40

Thanks

sammy65 replied:

Ex Pensions Minister Ros Altmann said that every day 2,000 CCJs are being issued WITHOUT TELLING THE ALLEGED DEBTOR, so they have no chance of defending the claim. They only find out when they go to try and get a loan or mortgage. 👿 This is not on, and I wonder if anyone knows what can be done to stop this practice.

fayec07 replied:

So after hearing nothing for ages I get a letter from a Nathan at Capital one saying they would settle the account for a payment of £938.00 the original is £1800. But the default still stands as they have to put it on by law.

I kindly replied with “Thank You” for the reduced offer but im still waiting for all paper work that I’ve requested on numerous occasions. As I’ve never received a statement, chase letters or defualt notice!!!

I suggested they reply with all paperwork I’ve requested within 10 days or I’ll report them to the FOC and get them to request the paper work.

Hope I’ve done the correct thing.

Regards
Faye

wakeupwake replied:

It worked after first letter, £2000, account closed and default being removed.

fayec07 replied:

Who was your debt with please? I’m not receiving any replies from Capital One

Faye 🙂

We’ll done by the way

Ck1 replied:

Hi guys,

I found out I had a default from orange last Thursday when I signed up with Experian . After doing a lot of googling on Friday I found this thread . used the email template that somebody in the thread provided . I sent it to the CEO and his team got back to me Monday morning .the default has now been removed the account settled and I now have a perfect credit score (without paying what was owed back ) . Thank you to the people who provided the email template

adyclegg replied:

😀

fayec07 replied:

Well done

Which letter did you use? I’m trying to get a default removed with capital one but they are having none of it.

Regards
Faye

Ck1 replied:

It was the one in the 4th page of this thread . I call d orange on the Friday and they was no help . I sent the email that night and wasn’t excepting it to be dealt with so quickly . The email addresses somebody provided all bounced back but I googled the CEO and all other important people left at orange which is now EE. Keep sending letters and emails ! Hope you get everything sorted !

Pat54 replied:

Can I still use your information EVEN though my debt was a result of unauthorized payments from my bank account and it was the bank that recalled this amount back.

it1gtr replied:

Pinged e-mail to BT ceo whose e-mail I found online

Had a call back an hour later from a very kind woman who said they would investigate

Have just heard back, defult is being removed from my credit file. 😉

Very happy man! Goes to show, don’t ask – don’t get.

wan2debtfree replied:

Can I still use this letters. I had a debt with three. But they are putting me a default from last 4years on the old address where i use to live 4 years back.

JordanHealy90 replied:

Hi Everyone,

Nice to e-meet you all!

This thread is brilliant, well done! I’m currently on letter number 3 to Lowell Group who are still not willing to remove a default from 2013.

They have sent me a letter from ISME the original creditor who state that

“On 12 April, 2013 your account was legally assigned to Lowell Portfolio I Ltd as such any further communications and payments regarding the above account(s) must now be addressed Lowell.”

And also a letter from them (Lowell) stating…

“Introducing Lowell

We are Lowell Portfolio I Ltd, a specialist debt purchaser who buys accounts from companies such as Shop Direct / ISME where there is an outstanding debt. We then work with the customer to help them repay it.

Your account was sold to us on the 12 April, 2013, details of the account are set out in the right hand margin of this notice. The balance is in respect of goods you ordered and received from the catalogue. As Lowell Portfolio I Ltd now owns the debt we are entitled to receive payment of the balance.”

My credit file states that Lowell defaulted the account on 09/04/2013.

Are Lowell legally allowed to default my credit file before they own the account?

Lowell also said this –

“The default notice is a one off document that is issued by the original creditor at the point when the borrower ceases to pay the required predetermined payments. As your dispute is in relation to the adding of the default in the first instance and therefore existed prior to sale of the account to us, then it would remain the responsibility of the original creditor to resolve. Therefore, any issue that you feel that you have in this respect would need to be addressed by the original creditor and not Lowell.”

Is this correct? Should I be directing my letters to ISME?

Thanks in advance for your help.

Jordan

TomC100 replied:

I’m going to try letters to ceo – have 3 defaults from insolvent business. the large one drops off next month. The other two (comms contract & business credit card) to the tune of £800 (lots of fees added) have yet to be dealt with. Even though I have a credit card that keeps increasing every 4 months & loads of accounts I keep in good standing, my own bank (natwest) won’t increase my credit line, its virtually impossible to take out good credit at low interest with these two defaults.

I’ve even offered to pay amount asked for if they remove but lowells won’t entertain the idea – it’s crazy how these companies operate.

wakeupwake replied:

Sent letter confirming account closed and default to be removed to CRA. They removed it straight away.

Cjs17 replied:

Hi all,

So coming extremely close to apply for a mortgage and I have gotten hold of mine and my partners credit files and my partner has a defaulted credit card from NatWest from 4 years ago! It defaulted because he had instructed them to take the balance the following month and close the credit card and they didn’t do it! He didn’t check as he was away from home and they defaulted the credit card. He settled the account about 2 and a half months after it defaulted (it was only £200)

So my first step has been to play the sympathy/blame card explaining it isn’t his fault and that it’s really affecting our dreams of owning are own home. I sent this to the CEO and had a response within 24 hours to say they are investigating.

After reading this thread I feel like perhaps I should’ve gone in with one of these letter templates instead!! We want to reserve a house on 03/03/17 but obviously can’t if we can’t get the mortgage we want! As I’ve already sent an email should I wait the ten days for a response or just send another email from this thread? I just want results and quick!

Any support and advice will be greatly received!

Topher replied:

Another excellent post

londonadam replied:

just an update on one of mine. After fighting for nearly 2 years I just got one removed.

The refused over and over and over and over.

In the end I pointed out that the default was added after 6 months of being arrears and they finally agreed to remove it. so keep an eye on alleged time frames of when the arrears occurred as this can always be helpful.

So keep the this up your sleeve.

Trout_maske replied:

I may try this as a final measure. Around 6 months or 7 of missed payments registered and then the default. Are you saying the default should technically be registered sooner?

Could be great if you willing to share the template letter you used and direct to me how defaults should be registered if The are doing there job correctly.

I think my issue is the fact the debt was never sold to another party it lies with the OC. Could I perhaps share my letter on here for some advice on how to respond?

Desperate to get this removed it’s fucking up my work, possibilities to own a home and general credit score.

Sent all the letter now but Barclay are not budging

maxz replied:

The guidance is that it should be put on within 6 months of a defaulted payment…according to the ICO.

I’ve had success having defaults removed by using the advice from Letissier in this thread…

What’s the default for? is it regulated debt or stuff like mobile phone contracts?

Trout_maske replied:

It’s for a credit card which I have now made a partial settlement and closed the account down. It was never sold on to a dca I dealt direct with Barclays the original creditor.

Could you help me with a template letter I could use?
Where is the ico guidance and what should I right as a finally attempt to get the default off?

My call credit report shows from may 2015 to June 2015 us or unknown. Then July 2015 to Jan 2016 7 missed payment, then shows ok on Feb 2016…

Then the default was registered in march 2016…. this to me seems longer than 6 months. Any guidance would be helpful…. the Experian report is slight different to this…. why such in discrepancies on credit reports do you think?

Looking at the last payment I ever sent them this appears to be Jan 2015 (other than the final settlement payment which was made end of last year)

So it appears data on my credit file is reported wrong.

Really need some help to get this letter right and a template would be helpful. What do I quote etc.

catlady22 replied:

Hi all,

Firstly, what a great threat. Lots of informative posts here and reassuring to see that there are more people in the same boat as I am.

So I have 2 defaults, one for Talk Talk after their lack of provision of service caused me to cancel with them however didn’t realise they had given me an engineers charge and final bill – £144, and one for Shop Direct where my sister ran up a bill – again I appreciate my own fault – totalling £307, both of which were told to Lowell in 2013. Both were technically my fault (as ever). I was young and didn’t understand the consequence of hiding from my financial issues after going from student to full time employment.

Both debts have been cleared (almost) as soon as Lowell got in touch. I am now at the stage where my partner and I are looking to buy a house and wanted to chance my arm at getting the debts removed. I have thus far send a copy amended to my own situation of the first letter.

Lowell have hit back with this response;

“We note all your comments and have investigated the matter.

We note that you state that we are in breach of Section 87(1) of the CCA 1974 and that you received no such default notice for the account . The default notice is a one off document that is issued by the original creditor at the point when the borrower ceases to pay the required predetermined payments. As your dispute is in relation to the adding of the default in the first instance and therefore existed prior to sale of the account to us, then it would remain the responsibility of the Shop Direct Littlewoods) to resolve. Therefore, any issue that you feel that you have in this respect would need to be addressed by the original creditor and not Lowell.

We are not prepared to remove any default registered with the credit reference agencies in respect of this account as we consider that this data remains correct and accurate. This information will remain on your credit file for a period of 6 years from the date of default.

As the outstanding account balance has been paid and closed this default has been updated to satisfied which reflects closure of this account.

Should we receive any similar correspondence from you regarding this account, we will not be providing a response. If, however, you do have any specific questions regarding the content of this email, please do not hesitate to contact us.”

They have provided a similar answer to the Talk Talk letter, stating they are a different kettle of fish blah blah..

So, I have sent letter two for both accounts and shall await response. I have sent these via email to support while cc’ing in the CEO and Financial Director.

Lets see how this goes….