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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Dear Sir/MadamI have a default notice on my credit file

Resolved Question:

Dear Sir/Madam I have a default notice on my credit file which I wish to have removed. It is from the time I was made redundant and was unable to may the mortgage. The property was subsequently sold at a significantly lower price but only after 6 months default. The final outstanding payment was subsequently satisfied but the default notice has remained on my credit file limiting my employment opportunities. I have written to RBS on two occasions by recorded delivery (attached) and have received no response. I was therefore wondering if you can assist with this, what the procedure will be and the cost.

Note: there are no CCJs on my file as I had two successfully removed myself by going through the courts. The only outstanding item is the defaults from 2012.

After researching online, I have been informed that I can possibly have the default removed if I request the original default notice. I thus wrote the following to the bank in March by recorded delivery (I have the receipt) and received no reply:

--

Dear RBS

After recently obtaining a copy of my credit file from Experian I was concerned to note that your company has placed a "Default" notice against an account in my name.

Further to this I have no recollection of ever receiving such a notice, and I therefore require you to substantiate this data at your earliest convenience.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit).

2. You must supply me with a signed true and certified copy of the original default notice

3. Any deed of assignment if the debt was sold on

I would request that this data is provided to myself within the next 28 days, if you are unable to provide this data then I must insist that it is removed from my files as unsubstantiated.

I am sending this letter by recorded delivery.

Yours faithfully,

--

I then wrote the following appealing to their good nature:

--

"

I sent a letter to your office on the 29th July 2014 by recorded delivery enquiring about the ‘Default’ notice on my credit file against my name. I have attached a duplicate of the letter here.

As I have not heard from your office and to avoid escalating this further, I would deeply appreciate it if as a gesture of goodwill you could remove the default from my file.

I recently completed my PhD and am now searching for suitable employment and this is one mark is holding me back.

Sincere thanks in advance for your help.

I am sending this letter by recorded delivery."

--

I still received no reply.

Please advise what the next step should be.

I am considering making an application through the N244 form to Watford County Court in the same manner I did before to have the CCJs removed.

Is this the best course of action?

Thanks

Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : For now please let me know the date of default. Do you accept it is a true record of what happened please?
Customer:

Dear Alex,

Customer:

The defaults were from 2010 and the settlements were from Sept 2012.

Alex Watts : Ok. Are they accurate?
Customer:

I accept it is a true record of what happened.

Alex Watts : Ok. Then it's bad news I am afraid.
Alex Watts : If its a true record and you accept it happened then they do not have to remove it.
Customer:

However, it is my belief that there is a possibility to remove the default on a technicality. IE if I was not served the correct default notice and I make an appeal to see the original.

Alex Watts : but you paid it so it was settled?
Customer:

Whether, it was a true reflection or not, I believe they bank has to follow a strict procedure

Customer:

Yes, it is fully settled

Customer:

I sent this to the bank:

Customer:

After recently obtaining a copy of my credit file from Experian I was concerned to note that your company has placed a "Default" notice against an account in my name.

Further to this I have no recollection of ever receiving such a notice, and I therefore require you to substantiate this data at your earliest convenience.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit).

2. You must supply me with a signed true and certified copy of the original default notice

3. Any deed of assignment if the debt was sold on

I would request that this data is provided to myself within the next 28 days, if you are unable to provide this data then I must insist that it is removed from my files as unsubstantiated.

I am sending this letter by recorded delivery.

Alex Watts : ok, but even if they send you a copy it makes no difference.
Alex Watts : the law says they can remake a copy and send it, that is acce
Alex Watts : acceptable.
Alex Watts : In any event you paid it so even if there was an argument about defective notices, that goes because you paid it.
Alex Watts : If you paid it then you must have accepted it.
Customer:

What do you recommend?

Alex Watts : You can try but you sadly won't get anywhere with it,
Alex Watts : In all honesty, try the Ombudman but they are likely to be against you.
Alex Watts : Then sadly you have to wait 6 years from date of default for it to drop off your file
Customer:

Do you think I can appeal to their good nature? I wrote this subsequent letter to the bank:

Customer:

Re: Account number: 10456666

I sent a letter to your office on the 29th July 2014 by recorded delivery enquiring about the ‘Default’ notice on my credit file against my name. I have attached a duplicate of the letter here.

As I have not heard from your office and to avoid escalating this further, I would deeply appreciate it if as a gesture of goodwill you could remove the default from my file.

I recently completed my PhD and am now searching for suitable employment and this is one mark is holding me back.

Sincere thanks in advance for your help.

I am sending this letter by recorded delivery.


Alex Watts : in reality if you take it to court you will lose.
Alex Watts : Even if any notice was defective you have paid it
Alex Watts : Therefore any contract and obligations have ended
Customer:

I took two other agencies to court and won each time to remove CCJs. ONce in London and other in Watford.

Alex Watts : I am sorry as I know this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest
Alex Watts : This is not a ccj,
Alex Watts : You are seeking a declaration under the consumer credit act.
Alex Watts : It is not a small claim.
Alex Watts : People read all sorts of things online, they are not all correct.
Customer:

Yes, I was hoping they would simply not bother with this minor issue and simply grant what I was looking for.

Alex Watts : I am a lawyer and dealt with debt.
Alex Watts : I used to work for CAB so know all about this.
Alex Watts : In reality they don't have to remove it and you have no legal grounds for making them. As long as you are aware of that, then you know what you face
Alex Watts : I agree, it's minor for them.
Alex Watts : Write to head office
Alex Watts : Invoke the formal complaints procedure
Customer:

Ok. I will do that.

Customer:

Thanks

Alex Watts : Can I help with anything else?
Customer:

Thats all thank you.

Customer:

Are you able to provide an email address if I have more requirements

Alex Watts : please put any questions for my attention - Alex W
Alex Watts : i can pick them up. But there are 3 of us so make sure it's alwx w
Customer:

I have not used this service before, so I simply log in and send you a message?

Alex Watts : you log on, start it for alex w and away we go
Customer:

Thanks for your time.

Customer:

Best regards

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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