Information to help you deal with your CRF's

Moderators: TalbotWoods, JaneClack

By skinny_al
#159579 Hi,

I received a termination of account letter from egg due to default in January of this year. I received no prior warning from Egg although they maintain they sent me a letter concerning the default in December (which I never received. In the period between the two letters there was no form of contact, although I am told by Egg Client Liaison that it is policy to follow up the first letter with a phone call.

I settled immediately (partial) via a debt collection agency and was wondering if there is any way I can get the default removed on the grounds that I was given insufficient time to bring the account up to date?

Thanks,

Al
User avatar
By Nicky
#159583 hmmmm... thing is Al is that you would have to have evidence to support your claim.

If you defaulted on your account, then they were within their rights to issue a default notice because of a break in the initial agreement.

So it depends on whether or not you could prove to the CRA that you didn't deserve the notice and that they gave you no warning?
By skinny_al
#159591 Thanks for getting back to me :)

I'm following up with a letter to Egg requesting a copy of the original default notice (the one I never received)

If they can provide it and it contains all the mandatory info then I think I'm stuffed... Fingers crossed anyway!
User avatar
By Yogi Bear
#159596
skinny_al wrote:I settled immediately (partial) via a debt collection agency and was wondering if there is any way I can get the default removed on the grounds that I was given insufficient time to bring the account up to date?

You can dispute the default with the Credit Reference Agency on the grounds that you didn't receive a Default Notice (which is a legal requirement under the Consumer Credit Act). They have to contact Egg on your behalf and if Egg won't remove it you can ask the Information Commissioner for a ruling. However, I suspect the fact that the debt got passed to a DCA and the settlement was only a partial one might count against you.

If they won't remove it, you could if you wished have a Notice of Correction added to your file to explain about the missing Default Notice.
By skinny_al
#159625
Yogi Bear wrote:
skinny_al wrote:I settled immediately (partial) via a debt collection agency and was wondering if there is any way I can get the default removed on the grounds that I was given insufficient time to bring the account up to date?

You can dispute the default with the Credit Reference Agency on the grounds that you didn't receive a Default Notice (which is a legal requirement under the Consumer Credit Act). They have to contact Egg on your behalf and if Egg won't remove it you can ask the Information Commissioner for a ruling. However, I suspect the fact that the debt got passed to a DCA and the settlement was only a partial one might count against you.

If they won't remove it, you could if you wished have a Notice of Correction added to your file to explain about the missing Default Notice.


Should I contact the CRA immediately (I take it you mean Experian) or wait to hear back from Egg? Also, who adds the notice of correction?

Thanks,

Al
User avatar
By Yogi Bear
#159627
skinny_al wrote:Should I contact the CRA immediately (I take it you mean Experian) or wait to hear back from Egg? Also, who adds the notice of correction?

You may as well contact Experian straightaway. They then have 28 days in which to tell you that they have:
a) removed the entry
b) amended the entry or
c) taken no action
Don't let them fob you off by telling you you need to contact the lender yourself: you've done that as well anyway, but the onus is on them to do it, not you.

You write the notice of correction yourself and submit it to them. It must be not more than 200 words and mustn't be "defamatory, frivolous, scandalous or unsuitable for publication for some other reason". Again, they have 28 days in which to tell you whether they've added it or not.
By skinny_al
#159629 Fantastic - thanks for taking the time to reply again!

I'll let you know how I get on