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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Is it possible to have a default removed from my credit file

Customer Question

Is it possible to have a default removed from my credit file if the correct proceedure was not followed by the supplier. If this can be done can I be recommended a solictor to employ the services of to follow through with the matter?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Is the default correct though, do you owe the money please?

JACUSTOMER-ydcv2atd- :

Not as far as I am aware.

The default appeared on my file from a company called Lowell Portfolio who I had not received any correspondecne from. When I contacted them they said they never put the default on my credit file it was 02 that did and they had just changed the name.

On my credit file there is no missed payments nor a default from 02. I ceased cmy 02 ontract around February 2013 and this default appeared on my file on the 3/11/13.

I contacted 02 and they said the account was clear and it I wanted to see any info on my account I would have to email the custoemr services team. I have done this and heard nothing.

JACUSTOMER-ydcv2atd- :

I have since spoken with Lowell who informed me that if I pay the amount the default would be rectified. I have done thsi but they have only marked this as satisfied.

JACUSTOMER-ydcv2atd- :

It is causing myself an business serious issues having this default and want to know if they have not follwoed the letter of the law can this be removed as a technicality?

Alex Watts :

Did Lowell ever say that they would remove the default once you paid it please?

JACUSTOMER-ydcv2atd- :

They ceratinly implied it. ONce paid and I contacted them they said it can't be removed.

JACUSTOMER-ydcv2atd- :

*certainly

Alex Watts :

Sadly all you can do is apply to the Court to get it removed.

JACUSTOMER-ydcv2atd- :

My question is, can a default be removed if the correct proceddure has not been followed? Regardless if the balance is due or not there has been no opportunity to rectify it before the default was applied to the credit file.

Alex Watts :

Section 14 of the Data Protection Act states

Alex Watts :

If a court is satisfied on the application of a data subject that personal data of which the applicant is the subject are inaccurate, the court may order the data controller to rectify, block, erase or destroy those data and any other personal data in respect of which he is the data controller and which contain an expression of opinion which appears to the court to be based on the inaccurate data.

Alex Watts :

Therefore you need to apply to the Court to have it removed. Sadly there is no other way

JACUSTOMER-ydcv2atd- :

Okay

Alex Watts :

You could of course complain to the Information Commissioner, but they may say if Lowell never said it was to be removed there is nothing they can do

Alex Watts :

The ICO can be contacted:

Alex Watts :

https://ico.org.uk/about-the-ico/who-we-are/northern-ireland-office/

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-ydcv2atd- :

and can I apply on the basis that the default was applied without following the correct procedure as required by law?

Alex Watts :

Yes you can argue that. There should have been a default notice served, then a notice of assignment

Alex Watts :

Does that help?

JACUSTOMER-ydcv2atd- :

Yes it does thank you.

JACUSTOMER-ydcv2atd- :

Can you recommend a solictor or firm that could help me with this?

Alex Watts :

You wont need one probably or this.

Alex Watts :

But you can find a local one at:

Alex Watts :

http://solicitors.lawsociety.org.uk/

Alex Watts :

can I clarify anything else for you?

JACUSTOMER-ydcv2atd- :

As I am unsure of what to do, where to start I would rather pay for the services of a solicitor to handle this on my behalf. Can you tell me exacty what I should be asking a solictor to do on my behalf so they are clear of my objective and which channel I am pursuing

Alex Watts :

The problem is this, you may end up paying thousands. You can do this yourslef.

Alex Watts :

You simply make an application to Court to have it removed.

Alex Watts :

- There should have been a default notice

Alex Watts :

- There should have been a notice of assignment

Alex Watts :

If you did not get this then they can not register a default

Alex Watts :

Does that help?

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


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