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girlie12

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  1. thanks for this. Just rang OR who said they had nothing to do with the info on credit files but she thought it was correct that a default could be put on as at the date of bankruptcy if you hadn't defaulted before
  2. I unfortunately had to go bankrupt in jan 2010 & was discharged in Sept 2010. Because my payments to one of my debtors,Lloyds ,were very small £5pm, I had managed to keep payments uptodate but included the debt in my bankruptcy. On my credit file I have noticed that although the debt is showing as partially settled, it also shows a default date of Jan 2010. Is this correct?
  3. Have had 2 seperate letters from Barclaycard The first one is ref to Data Protection Act 1998 - SAR request "Further to your request for personal info held by Barclycard, please find enclosed a copy of your statements you have requested. If you have asked for a list of the default charges that have been applied to your account, I regret our systems do not enable us to identify individual charges in this way & so it is not possible to provide such a list. However, any such charges are included on the statements enclosed" Enclosed are statements from July 2004 - May 2007. The statement in April 2007 shows my bal having lots of CHRGOFF next to it leaving it in credit. The final statement in May shows a nil balance all over it & that is it. No default notice. The second one is - reference to the Consumer Credit Act 1974 "I write further to a letter requesting a copy of your executed agreement for the above. The information we must provide to you under the terms of Section 78 is prescribed by the Consumer Credit Act 1974 & by the Consumer Credit (Cancellation Notices & Copies of Documents) Regulations 1983. Under Sec 78, we must supply you with a copy of your executed agreement & a statement of account which is practicable to refer. Please find enclosed a copy of your latest executed agreement. This is a statement of the terms of your agreement with us & incorporates any variations to the terms made since you entered into this agreement. However, the interest rates have been omitted & the fees & charges have been suspended & are no longer applocable due to the current status of your account. As your account is now in a recovery programme, further info relating to the current state of your account can be obtained directly from the Recovery Team or Debt Management Agency. This completes our obligation to you under Sec78 of the Consumer Credit Act 1974." Enclosed is a copy of Barclaycard Tems & conditions stamped Feb 2004-Aug 2004 Students Visa but no agreement ( I must also point out that at the age of 45, even in 2004 I was definitely not a student!) How can they now chase for money when statements only go to 2007 & show a nil balance? What should I do now - I don't think they have sent me waht I should have had
  4. Thanks for your quick replies - will send SAR ,harrassment letter & CCA requests tomorrow & keep you updated. Calder rang again tonight & I informed them that I wouldn't take any more calls! No PPI sold so ok with that
  5. I fell into difficulties with my Barclaycard in 2005. After the account being passed to Mercers, I agreed a payment plan with Credit Solutions (agents for Barclays Bank) of a small £5pm pmt. They were taking pmts from my debit card. I also had a number of other small pmt plans set up so didn't notice that pmts had not been taken by them. Looked at my credit file recently & saw an amount outstanding for BC of £5000+ & a default notice of Nov 2005 - I have never received a default notice (although I have noted that Mercers said in a phone call I was in default in March 2005) or any statements/correspondence since end of 2007. Then get a card from a company called Calder Fin - I rang them & they said my account like some others had been "lost" for 2 years & had to resume pmts etc. They really tried to get me to start debit card pmts over the phone immediately but I said I didn't know them from adam so I wanted a letter. They also said I could pay off the loan in full for a reduced amount! Received letter today confirming the debt amount & they will accept £25 pm til Xmas - at bottom of letter it says Mercers trading as Calder Fin. Where do I stand with the no contact & should I send an SAR to Barclaycard/Mercers or Calder? Can I also stop their heavy phone calls in the meantime.
  6. Thanks for your speedy & indepth response. The loan agreement WAS dated the day after their date so I reckon this may make it void under S59. Will have a look at whether any charges have been added to the loan account. Are there any templates I can use for my reply for either the bank a/c or loan?
  7. The defaults are in the name of Westcot so therefore I should reply to them I presume. I have cancelled my standing order but as yet haven't had any phone calls! Should I now send them a letter as per Penfold 92? Are there any templates I could use?
  8. This was the final demand letter - no default notice
  9. Have added these thumbnail images of our Bank Account Application Form & the Loan Agreement - Hope someone can zoom in on them & advise please [/url]
  10. Have scanned all pages in to one folder but as I am not as good as I thought I was on the computer, I don't know how to put it on here for you to see! Please advise
  11. On checking my credit file, I found two Default notices placed by Westcot for an old MBNA account. I asked them for the usual original info etc & have got this reply "The above agreement was purchased by Westcot from our client on 12/12/05 & as part of our agreement with MBNA a default was registered on your credit file due to your account history with our client. A default notice of this nature will be present on your credit file for a period of 6 years. However I have contacted Equifax to get one of the entries deleted. With regard to your request for a copy of the opening agreement, I can advise that this has been requested from our client, however, they are unable to provide the agreement. I note from our records that you have been making regulay payments & are, therefore, aware of the outstanding balance & would have been supplied with a copy of the agreement when the loan was opened. I can also advise that we are unable to supply a copy of the original default notice as the account defaulted on 29/11/05 before the account was purchased by Westcot, therefore the default notice was issued by MBNA. When the debt was purchased by Westcot from MBNA anotice of assignment was issued on 12/12/05 to advise this. I trust this clarifies the position & look forward to your continued repayments (!!!!!!!)" Can anyone point me in the right direction of a suitable reply please. Thanks
  12. I sent a letter to First Direct on 26th Nov enclosing a postal order requesting:- You must supply true copy of agreement etc You must supply a true & certified copy of the orig default notice not a Final Demand as prev sent. Any deed of assisnment if the debt was sold on. Now received a reply - "Please find enclosed your postal order along with copies of account opening forms for your accounts (single loan account & joint bank account). There is no legal requirement for us to hold copies of Default Notices so I have been unable to enclose a copy per your request. The 1st Account you held (joint bank account) was not a consumer Credit Act regulated product,therefore no Default Notice is required. As we received no satisfactory response to the Final Demand your accounts were passed to Metropolitan Collection Services and an entry was made on your credit file. The final Demand is our notice to register adviser information on your credit file and satisfies our legal obligations beforepassong accounts to a Debt Collection Agency. Once your account is paid in full this is reflected on your credit file, which is updated. No Deed of assignment is required as Metropolitan Collection Services are part of HSBC group. I trust this clarifies the position.....blah,blah!!" Please advise what action I now need to take - I am feeling a little lost amongst all the paperwork:confused:
  13. Sorry I can't advise you on this but just wondered if you might get help if you move this to the "Data Protection and Default Issues" forum,as I found your post by accident. Good Luck
  14. I faxed it to them on the 12th November so didn't send the £1 - is this a problem?
  15. We sent the usual letter to First Direct requesting a copy of our agreement, a copy of the default notice & any deed of assignment & have had a copy of a "Final Demand" sent although nothing else. Just wanted some advice because the Final Demand doesn't say Default on it & want to know if it is "legal" It says the following & is dated 13/01/05 "Dear Sir FINAL DEMAND Despite our previous correspondence concerning your debt, we have to date received no satisfactory response. We now DEMAND immediate repayment in the sum of £*****. This amount is made up as follows:- Account number Balance Credit/Debit 1234567899 £****** Dr The outstanding balance of £***** will have further interest added on the same basis as presently applies until the date of repayment. YOU HAVE SEVEN DAYS TO REPAY IN FULL or let us have satisfactory proposals for repayment by instalments or otherwise. If immediate repayment in full cannot be made, the enclosed Financial Statement must be completed & returned. If you fail to comply with this demand DEBT COLLECTORS or SOLICITORS will be instructed. Details of your default including your name and address will be given to the CREDIT REFERENCE AGENCIES named below if we have still not received a satisfactory response from you within 28 days. Credit Reference Agencies supply information to lenders in order to establish an individuals credit history quickly & simply.Lenders then use this information to help decide whether or not to accept applications for credit from their customers. If details of your default are given to Credit Reference Agencies this may make it more difficult to obtain credit elsewhere in the future"
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