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:
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.
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?
The defaults were from 2010 and the settlements were from Sept 2012.
I accept it is a true record of what happened.
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.
Whether, it was a true reflection or not, I believe they bank has to follow a strict procedure
Yes, it is fully settled
I sent this to the bank:
What do you recommend?
Do you think I can appeal to their good nature? I wrote this subsequent letter to the bank:
Re: Account number: 10456666
I took two other agencies to court and won each time to remove CCJs. ONce in London and other in Watford.
Yes, I was hoping they would simply not bother with this minor issue and simply grant what I was looking for.
Ok. I will do that.
Thats all thank you.
Are you able to provide an email address if I have more requirements
I have not used this service before, so I simply log in and send you a message?
Thanks for your time.