Bank Charges - Credit Default

[a184]

Hi,

I'm filling out the form to take BoS to court.

In the example statement of claim, there's nothing that tells me what to write regarding telling defendant (BoS) to remove the default on my credit report. Can someone please tell me what to write/advise me where I'll find what to write so that when the court orders BoS to pay up they'e also ordered to remove the default from my credit report?

What I mean is what do I write in my court claim to get the bank to remove the credit default?

I've looked everywhere and can't find an answer.

Thank you

a

[hondamad21]

Hi A184,

I just wanted to say good luck. I am in exactly the same position as you but with Egg plc not BOS.

Kind regards,

hondamad

[a184]

thanks for your replies.

as I've already written to BoS and they've refused to amend my credit report, I was really looking for something to put in my refund claim form that would force BoS to amend my credit report (eg an order from the court).

does anyone know what I can write?

Cheers,

a184

[Bigmac versus]

You could make it part of your POC saying that adverse information on your CRA's is down to these unlawfull charges and using some of what was said by stevokenevo.

as the said data relates wholly or in part to the implementation by you of charges which have been applied to my account in respect of defaults or contractual breaches and where the said charges which have been levied at a rate which is in excess of the administrative costs incurred by you as a consequence of the said defaults or breaches contrary to The Common Law.

[alexifa]

Hi a184, I used the following paragraph in my letter to them:

Additionally you have placed a default marker on my credit file with Equifax. This default occurred either as a direct result of your unlawful charges or was due to impecuniocities caused by your unlawful charges. I would like this removed. Marking it as satisfied is not acceptable.

In my particulars of claim I just stated "Removal of adverse data from my credit file" as one of my requests.

This has worked three out of three times.

Good luck

[a184]

Thank you very much for your replies. here's what I'm putting on my form. Can you tell me if this looks alright, or have I made any silly mistakes/should it get me what I'm after?

Claim (form of decree or oher order sought): "Removal of adverse data from the pursuer's credit file"


State details of claim here:
"The adverse information on the pursuer's credit file is down to the above unlawful charges. The pursuer requires the complete removal of this information from his credit file under ss.7 and 13 of the Data Protection Act 1998."

cheers

a184

[hondamad21]

Hi a184,
Sounds ok to me. I wanted to ask what form/action is it that you are filling in?
I ask this as I filled in a small claims summons and took that to my local court but they said I could not ask for my default to be removed with the small claims. I have to instead go through the Summary Cause.

hondamad

[a184]

hi hondamad21,

I'm going to try it through a 'Small Claim Summons, Action for/of Payment'

Did you say yu had problems with this?

a184

[hondamad21]

Hi a184,

Yeah I had problem, I tried to raise my action against Egg plc via the Small Claims for refund of about £400 charges and default removal. However the people at the Small Claims desk told me I have to raise a Summary Cause claim, which would leave me open to full expenses should I fail.

So I am a bit confused. . .

Hondamad

[a184]

sorry...I really don't have much experience of this, so I don't know what to do.

But I haven't heard of anyone having to do this method which leaves you open to expenses...maybe the person at the Small Claims desk was wrong/didn't know what they were doing?

so why not try it again, and see if a different person lets you do it?

if that doesn't work, you could always try another sheriff court...
which one did you try it at btw?


a184

[hondamad21]

Hi a184,

Yeah I tried call in and asking someone else, but they said the same thing.
I will try calling another sheriff court and see?

I tried in Edinburgh.

Thanks for all your help.

hondamad