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Hi there,
First post and new to all this. I sent the step one letter to Studio that had placed a Default on my account in 2005 which I do not remember anything about. They came back with a letter stating that the Default was correct and simply ripped off a credit agreement slip and wrote me name and new address on it? I objected and sent a letter back again asking them to sent me a true copy of the Default notice. This is the reply:
Thank you for your letter which has been passed for my attention.
We have complied with our obligations to provide you with a copy of your credit agreement under section 78 of the CCA. (they sent me a new agreement with my name on it and new address and said this is what I would of received and signed in 2004???)
A defualt notice was issued on 23rd September 2005, Studio are not required to retain copies of the original default notices. We are required to record the fact that one was sent out and we are able to demonstrate that our systems are sufficiently robust and reliable as to ensure that when recorded on our systems a default notice is sent. We are not required to retain a signed and true certified copy of the origianal default notice. However, for your convenience, I have enclosed the text that is issued on our default notices. (cut and pasted off the internet of Section 87(1) CCA 1974).
Are they correct?
I have drafted the following reply to them but have not sent it yet:
Thank you for your letter dated 6th of October 2010 ref *************
I recently wrote to you concerning a Default on my account on my letter dated 10 September 2010. You have sent confirmation that you received that letter. As stated in my correspondence to you I recently obtained a copy of my credit file from the credit agency. I was extremely concerned to note that you had added a default notice on my Experian Credit file on 30/10/2005 yet state on the extract from Equifax that this account was paid in full in September 2005 on the Payment History section yet with a date satisfied of the 30/10/2005. I feel this default entry was not only added unlawfully but also without merit. You have not been able to supply me with an original copy of the Default notice and in doing so have immediately put you liable to a breach of Consumer 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;
* a statement saying the notice is a default notice served under section 87(1) of the 1974 Act
* a description of the agreement
* the name and address of both the debtor and the creditor
* 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 the lack of correspondence between us with regards to this default, the fact you have already stated you do not hold certified copy of the default that you state was sent to me, I reiterate that I have never received any such notice and as a result I contest the accuracy of the default 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 (CRA). You have stated in your letter to me that “We are not required to retain a signed and true certified copy of the original default notice”. I believe this to be incorrect. You also state that “A default notice was issued on the 23rd of September 2005” and “Our information systems are sufficiently robust and reliable as to ensure that when recorded on our systems a default notice is sent”. May I refer you back to my earlier statement in which I have shown you that both CRA hold different dates to which you have stated the Default was issued on and I must therefore ask you to substantiate your claim in your information system remembering that this Default was apparently recorded on your system over 5 years ago.
I have now contacted the Office of Fair Trading and explained the situation that I find myself in with your company. They explained that if I do not get a satisfactory reply to this letter then I am to forward all correspondence, which I have retained, to them and they will be happy to investigate it on my behalf. I hope to avoid this and be able to come to agreement with you.
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 CPR 31.16. Without sight of said original default notice, I cannot argue the 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 from your company.
It would, however, be in both our interests if you simply agree to remove the default 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 Notice) then the actual default notice that is shown on my credit file is 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 a fully compliant and correctly executed legal document. Therefore, assuming you are happy with my proposal please confirm, in writing on letter headed paper, the following points will be carried out;
* The Default Notice will be removed
* The Status of the account will change from “Defaulted” to “Satisfactory”
* The Balance of the account will change from “Satisfied” to “Settled”
* The Current Balance will appear as £0.00
* The Default / Delinquent Balance will be set to £0.00
* There will be no date in the “Defaulted Date” field (as it will be removed)
* There will be no date in the “Date Last Delinquent” field on the report
* This will apply to all 3 Credit Reference Agencies, namely Experian, Equifax & Call Credit
Failure to agree will result in more formal papers being sent, by return and in the meantime, I look forward to your response within the next 21 days. Should this action not be taken I will have no other option but to forward all my correspondence and findings to the Office of Fair Trading and also make a formal complaint to them regarding Studio and this issue.
Yours Sincerely,
Thank you for reading through it and thank you in advance for any help you can give me. I have, at the moment, 6 Defaults on my account all from 2005/2006 which I am writing off to those company's involved with a CCA request but, as of yet, only Studio have got back to me with anything.
First post and new to all this. I sent the step one letter to Studio that had placed a Default on my account in 2005 which I do not remember anything about. They came back with a letter stating that the Default was correct and simply ripped off a credit agreement slip and wrote me name and new address on it? I objected and sent a letter back again asking them to sent me a true copy of the Default notice. This is the reply:
Thank you for your letter which has been passed for my attention.
We have complied with our obligations to provide you with a copy of your credit agreement under section 78 of the CCA. (they sent me a new agreement with my name on it and new address and said this is what I would of received and signed in 2004???)
A defualt notice was issued on 23rd September 2005, Studio are not required to retain copies of the original default notices. We are required to record the fact that one was sent out and we are able to demonstrate that our systems are sufficiently robust and reliable as to ensure that when recorded on our systems a default notice is sent. We are not required to retain a signed and true certified copy of the origianal default notice. However, for your convenience, I have enclosed the text that is issued on our default notices. (cut and pasted off the internet of Section 87(1) CCA 1974).
Are they correct?
I have drafted the following reply to them but have not sent it yet:
Thank you for your letter dated 6th of October 2010 ref *************
I recently wrote to you concerning a Default on my account on my letter dated 10 September 2010. You have sent confirmation that you received that letter. As stated in my correspondence to you I recently obtained a copy of my credit file from the credit agency. I was extremely concerned to note that you had added a default notice on my Experian Credit file on 30/10/2005 yet state on the extract from Equifax that this account was paid in full in September 2005 on the Payment History section yet with a date satisfied of the 30/10/2005. I feel this default entry was not only added unlawfully but also without merit. You have not been able to supply me with an original copy of the Default notice and in doing so have immediately put you liable to a breach of Consumer 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;
* a statement saying the notice is a default notice served under section 87(1) of the 1974 Act
* a description of the agreement
* the name and address of both the debtor and the creditor
* 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 the lack of correspondence between us with regards to this default, the fact you have already stated you do not hold certified copy of the default that you state was sent to me, I reiterate that I have never received any such notice and as a result I contest the accuracy of the default 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 (CRA). You have stated in your letter to me that “We are not required to retain a signed and true certified copy of the original default notice”. I believe this to be incorrect. You also state that “A default notice was issued on the 23rd of September 2005” and “Our information systems are sufficiently robust and reliable as to ensure that when recorded on our systems a default notice is sent”. May I refer you back to my earlier statement in which I have shown you that both CRA hold different dates to which you have stated the Default was issued on and I must therefore ask you to substantiate your claim in your information system remembering that this Default was apparently recorded on your system over 5 years ago.
I have now contacted the Office of Fair Trading and explained the situation that I find myself in with your company. They explained that if I do not get a satisfactory reply to this letter then I am to forward all correspondence, which I have retained, to them and they will be happy to investigate it on my behalf. I hope to avoid this and be able to come to agreement with you.
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 CPR 31.16. Without sight of said original default notice, I cannot argue the 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 from your company.
It would, however, be in both our interests if you simply agree to remove the default 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 Notice) then the actual default notice that is shown on my credit file is 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 a fully compliant and correctly executed legal document. Therefore, assuming you are happy with my proposal please confirm, in writing on letter headed paper, the following points will be carried out;
* The Default Notice will be removed
* The Status of the account will change from “Defaulted” to “Satisfactory”
* The Balance of the account will change from “Satisfied” to “Settled”
* The Current Balance will appear as £0.00
* The Default / Delinquent Balance will be set to £0.00
* There will be no date in the “Defaulted Date” field (as it will be removed)
* There will be no date in the “Date Last Delinquent” field on the report
* This will apply to all 3 Credit Reference Agencies, namely Experian, Equifax & Call Credit
Failure to agree will result in more formal papers being sent, by return and in the meantime, I look forward to your response within the next 21 days. Should this action not be taken I will have no other option but to forward all my correspondence and findings to the Office of Fair Trading and also make a formal complaint to them regarding Studio and this issue.
Yours Sincerely,
Thank you for reading through it and thank you in advance for any help you can give me. I have, at the moment, 6 Defaults on my account all from 2005/2006 which I am writing off to those company's involved with a CCA request but, as of yet, only Studio have got back to me with anything.
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