clearing your record
23 May 2008

Question:
How can I get a listing off my credit record? Are creditors allowed to list you for a default without issuing summons?
I have a paid up letter from the credit grantor and want to know how I can remove the default seeing as no summons was issued and I already paid the debt in full.

Answer:
Yes, the creditor can usually list your account before taking legal action. Often permission to do so is included in your account application form.
The default or adverse information will remain for between one and two years (the data retention period depending on type) unless the creditor can be persuaded that you defaulted for no reason within your control.

Examples of good motivations are retrenchment, hospitalization, unexpected pregnancy or health expenses leading to loss of income. If accepted your listing might be removed before the expiry of the one or two year period provided the account is fully paid.

You should approach a firm of consumer attorneys to motivate such a removal. Remember to ask them if the creditor is a member of the Credit Providers Association as most members of the CPA will only remove such listings where you have a detailed motivation and supporting documents, as outlined above.

Iona Minton, http://personalfinance.iafrica.com