Information to help you deal with your CRF's

Moderators: TalbotWoods, JaneClack

By death angel
#161145 I was one of the victims of a large scale fraud.

I had paid for a frachise using the Wife's credit card and the DTI wound them up in the public interest earlier this year.

We obtained a full refund from the Credit Card Company via section 75 of the CCA.

Because we could not keep up payment on the account it was defaulted.

Should this default now be removed from our credit reference file considering that we were defrauded and no debt exists?
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By TalbotWoods
#161148 You would need to talk to the CRA's about this one, they may well remove the whole entry if you can provide to them the proof about the fraud.

You will be surprised how accommodating the CRA's are on this matter, but the reason it is still there is that as the other company was wound up, they never updated your CRF's.

Unfortunately you will have to do this to all three of the CRFs, as they are independent of each other.

Tim
By death angel
#161150 Thanks for that.

Do you think my Wife should ask the Credit Card Company to remove the default from the CRF?

I do have the DTI winding up petition to the High Court which I gave to the card company as evidence of the fraud.
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By TalbotWoods
#161188 Ah.

If you defaulted on the credit card payments then that is a different matter, as that is a separate agreement to the original franchise.

From the way your original post was worded I assumed (and it look like incorrectly now) that the default was placed by the franchise company, because you couldn't keep up payments on that.

Unfortunately, as it is the credit card, then they wont remove the default, as that is a completely separate issue, and they could argue in court that as the franchise was a separate entity to the credit card, you could have made purchases on the card and then failed to keep up payment, thus defaulting, and the judge would agree with them.

Yes I know that payment of the card would have been contingent on the income from the franchise, but that unfortunately is not the concern of the credit card people.

Tim