Default amount - Default Notice Vs Credit File

[oscar]

Just want to ask this question here as might help others.

IF the amount of default on your Credit File does NOT match the amount on the default notice, can this be used as an arguement for its removal? Or can the creditor / DCA (however) just amend the amount that is shown.

[Never-In-Doubt]

Re: Default amount - Default Notice Vs Credit File

Just want to ask this question here as might help others.

IF the amount of default on your Credit File does NOT match the amount on the default notice, can this be used as an arguement for its removal? Or can the creditor / DCA (however) just amend the amount that is shown.

This is an extreme grey area - officially, they will go in and amend such mistakes - however, to get it removed you would have to take formal action against them and PROVE their error and prove their error breaches s.87/s88 explaining why it has disadvantaged you (by being the wrong amount).

Yes, you have a right to demand it is corrected but as for removal, you'll be struggling unless you take formal action matey....

A DN, to be lawful, must be accurate. Which amount is accurate? You cannot tell as they have provided two separate amounts for the same account. Therefore, you would not know what amount was required to remedy the alleged breach, which is the primary purpose of a DN. All parts of a DN must be "clear and easily understood."

So, assume they sent two DN's with varying amounts, you'd have a great case in court to get both wiped as unlawful. I'd read up on Consumer Agreements (Enforcement, Default and Termination Notices) Regulations 1983 - Also pay attention to s.87 & s.88 CCA.

Also, see this post which should explain it in detail (I hope): ---> http://forums.all-about-debt.co.uk/viewtopic.php?p=118#p118

* There are three links above!

[oscar]

Re: Default amount - Default Notice Vs Credit File

[quote=Never-In-Doubt]

Just want to ask this question here as might help others.

IF the amount of default on your Credit File does NOT match the amount on the default notice, can this be used as an arguement for its removal? Or can the creditor / DCA (however) just amend the amount that is shown.

A DN, to be lawful, must be accurate. Which amount is accurate? You cannot tell as they have provided two separate amounts for the same account. Therefore, you would not know what amount was required to remedy the alleged breach, which is the primary purpose of a DN. All parts of a DN must be "clear and easily understood."

[/quote:2szw70pd]

Is that even the case if you have (in date order) the default notice, the termination notice, and then a statement (indicating a live account) showing interest and charges being added - the total of which is what shows on my credit file default dated 8 weeks earlier.

[Never-In-Doubt]

Re: Default amount - Default Notice Vs Credit File

read the 3 links I sent you and all will become clear - in answer to your question yes YOU can take legal action, do you want to - and would I if I were you? No! ;F-

Sorry my man, not enough to get it wiped, they will amend it. ;Spank

[Never-In-Doubt]

Re: Default amount - Default Notice Vs Credit File

Ahh, hang on - the termination notice is the "final amount" as such, so if your credit record entry differs from the termination notice then that is a different matter........

[Never-In-Doubt]

Re: Default amount - Default Notice Vs Credit File

Take a screen print of the credit file entry and email it me with the default paperwork and i'll confirm one way or another for you - BUT bear in mind, it means arguing with the CRA's (using threat of Libel and DPA) - NOT the lender (as it does comply with s.87/s.88 CCA from what you've said).

[oscar]

Re: Default amount - Default Notice Vs Credit File

Is it worth trying to blag?

This is in relation to HFC - you have seen virtually all i have been sent - including the (probable) defective DN sent two days before xmas ..... I seem to recall (without digging out the file) this did give 14 days (assuming it was delivered on 24/12) , but with all the bank hols etc, would have made it impossible to achieve.

Has to be worth the price of a stamp surely?

CROSSED POST - IGNORE IF NO REPLY NEEDED. Will repsond to above matey.

[Never-In-Doubt]

Re: Default amount - Default Notice Vs Credit File

Email me everything mate and i'll sort you a letter to send the CRA's - which CRA shows the default or is it all 3? I can't recall, sorry mate - since last xmas i've probably seen 500 CCA's and a fair few DN's too...

I want to see the DN, TN, statement and CRA entry - also store a proper download of the credit files with proof of the original default cos when you start to fight they will change it and then deny doing so - you therefore NEED a hard copy printed from the site and/or paper statutory copy....

I'll deal with it by the weekend for you - am vvvvvvv busy right now matey

Cheers

[oscar]

Re: Default amount - Default Notice Vs Credit File

Email me everything mate and i'll sort you a letter to send the CRA's - which CRA shows the default or is it all 3?

Cheers

Both (Dodgy HFC and Natwest) are on Equifax - got that last week) seem to recall HFC being on Experian and Call credit (99% sure) but havent looked at these for a while (but less than 12 months)

I will scan and email most of the HFC stuff across matey (tomorrow now probably) - will send the DN, the termainaton, and the statement and any letters during that period - one or two I think. Also a copy of the CRA log (have a copy of Equifax printed from last week and am sure I have old Experian which also shows it)

[Never-In-Doubt]

Re: Default amount - Default Notice Vs Credit File

So long as you have one area of proof, we'll still send the letter to all 3 CRA's - just to make sure. No need for a new file, but you need to keep a copy showing the *possible* UNLAWFUL default entry.......

Chat soon, off for a dog walk and bifty! y