Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Dear Sir or Madam Credit Card No: **** **** **** **** After recently obtaining a copy of my credit file from Experian I was concerned to note that your company has placed a "Default" notice against an account in my name.
Further to this I have no recollection of ever receiving such a notice, and I therefore require you to substantiate this data at your earliest convenience.
1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number 1587 716732.
2. You must supply me with a signed true and certified copy of the original default notice
3. Any deed of assignment if the debt was sold on I would request that this data is provided to myself within the next 28 days, if you are unable to provide this data then I must insist that it is removed from my files as unsubstantiated.
Hi Mate - Check my thread "Egg defaulting on Closed Account" - still on going - I am waiting to go to raising claim throuh small claims court when I can get the appropriate text for MoneyClaim
HSBC, FS £100
Hfax Credit Card Full Settlement £330 Lloyds FS £503 (had to do moneyclaim + allocation questionaires
Halifax Full Settlement £979
Lloyds Credit Card Moneyclaim raised.
03/05/06 Fraud case with Egg resolved after 2 1/2 months!, full refund of fraud amount+interest+charges (£1060). Apology and cheque for £300 - BBC Working Lunch helped scare them into action.
We strongly advise that you don't use moneyclaim online. For a number of reasons, it is much better to file in your local court using a form N1.
Steven
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GE Money Won unconditionally May 2007 NatWest Won unconditionally August 2007 BrighthouseWon unconditionally August 2007 GoldfishWon unconditionally April 2008 (including CI on the basis of Sempra) Clydesdale Financial Services (now BPF) Won unconditionally February 2008
Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.
Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.
Further to your recent request, I have pleasure in enclosing a copy of your signed Credit Agreement in accordance with your rights under the Consumer Credit Act 1974.
Yours Sincerely
***** ******
Data Protection Manager
Egg Banking plc
Encl.
They sent this back to me on 25th Oct 07 and didn't even mentioned the default
What would be the best course of action next because the 28 days have now passed?
Can you post what they actually sent you (personal details removed, of course)?
Steven
Using CAG Toolbar will generate much needed income - Download Here
Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial
My Wins
GE Money Won unconditionally May 2007 NatWest Won unconditionally August 2007 BrighthouseWon unconditionally August 2007 GoldfishWon unconditionally April 2008 (including CI on the basis of Sempra) Clydesdale Financial Services (now BPF) Won unconditionally February 2008
Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.
Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.
What they have sent you is a properly executed agreement. So, next step?
You say they have put defaults on your credit file - why are these not correct? There is not enough detail in your first and subsequent posts to tell.
Steven
Using CAG Toolbar will generate much needed income - Download Here
Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial
My Wins
GE Money Won unconditionally May 2007 NatWest Won unconditionally August 2007 BrighthouseWon unconditionally August 2007 GoldfishWon unconditionally April 2008 (including CI on the basis of Sempra) Clydesdale Financial Services (now BPF) Won unconditionally February 2008
Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.
Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.
After being declined for a business bank account I obtained a copy of my credit file to discover a default entry (Mar 06) entered. I never received a default notice from Egg Card at all. The account is paid in full and closed.
But was the entry legitimate? ie was it a genuine default or was it an error or due to unlawful charges? ON what basis are you requesting it to be removed?
Steven
Using CAG Toolbar will generate much needed income - Download Here
Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial
My Wins
GE Money Won unconditionally May 2007 NatWest Won unconditionally August 2007 BrighthouseWon unconditionally August 2007 GoldfishWon unconditionally April 2008 (including CI on the basis of Sempra) Clydesdale Financial Services (now BPF) Won unconditionally February 2008
Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.
Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.
It’s on the basis it isn’t legitimate. Doesn’t a default notice have to be served under (s87(1) of the Consumer Credit Act) before it is applied (I read that somewhere)?
There could be a case regarding unlawful charges but I don’t have any statements? All my payments were made by direct debit with a few manual payments.
Using CAG Toolbar will generate much needed income - Download Here
Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial
My Wins
GE Money Won unconditionally May 2007 NatWest Won unconditionally August 2007 BrighthouseWon unconditionally August 2007 GoldfishWon unconditionally April 2008 (including CI on the basis of Sempra) Clydesdale Financial Services (now BPF) Won unconditionally February 2008
Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.
Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.
Sorry Mabore, the first one was OK, I looked at it quickly and didn't recognise it for what it was :o
I have spoken to one of my colleagues about this. He wonders whether you have misinterpreted what is meant by served. The term 'served' really means it has been posted to your address - not quite the same as you receieving it, I know.
We think that you only chance of getting the default removed is if Egg can not produce a copy of the default notice. Even then, it may not be possible to get it removed.
Steven
Using CAG Toolbar will generate much needed income - Download Here
Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial
My Wins
GE Money Won unconditionally May 2007 NatWest Won unconditionally August 2007 BrighthouseWon unconditionally August 2007 GoldfishWon unconditionally April 2008 (including CI on the basis of Sempra) Clydesdale Financial Services (now BPF) Won unconditionally February 2008
Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.
Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.
So should I just follow the steps on removing a default from w w w learnmoney. com etc. And if they can't produce the default (it's been over a month) or they try to fob me off with some bank talk could I take it to court.
What they have already sent fulfills their obligation under the CCA 1974 - there is no requirment for them to send that under the CCA.
I think what you will have to do is send an SAR under s7 of the Data Protection Act 1984. Ask them for all information they hold about you but specifically ask for a copy of the default notice. If they have it, they must supply it under the DPA.
Steven
Using CAG Toolbar will generate much needed income - Download Here
Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial
My Wins
GE Money Won unconditionally May 2007 NatWest Won unconditionally August 2007 BrighthouseWon unconditionally August 2007 GoldfishWon unconditionally April 2008 (including CI on the basis of Sempra) Clydesdale Financial Services (now BPF) Won unconditionally February 2008
Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.
Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.
I don't know what you mean by this. There is a SAR template in the templates library - modify that.
Steven
Using CAG Toolbar will generate much needed income - Download Here
Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial
My Wins
GE Money Won unconditionally May 2007 NatWest Won unconditionally August 2007 BrighthouseWon unconditionally August 2007 GoldfishWon unconditionally April 2008 (including CI on the basis of Sempra) Clydesdale Financial Services (now BPF) Won unconditionally February 2008
Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.
Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.
Please supply me with all of the personal data that you hold to which I am entitled under the Data Protection Act 1998. In particular, I require an original copy of any default notices, complete list of transactions and charges relating to my history with your organisation. Alternatively, a complete set of statements will be acceptable.
Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or manual notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you.
I enclose the statutory maximum fee of 10 pounds. You have 40 days in which to comply.
For the purpose of identification, please see the attached sheet for other names and addresses I have used in the last three years, along with my account details.
I would ditch the "alternatively, a complete set of statements will be acceptable" in case they think that gets them off the hook about the default notice.
Steven
Using CAG Toolbar will generate much needed income - Download Here
Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial
My Wins
GE Money Won unconditionally May 2007 NatWest Won unconditionally August 2007 BrighthouseWon unconditionally August 2007 GoldfishWon unconditionally April 2008 (including CI on the basis of Sempra) Clydesdale Financial Services (now BPF) Won unconditionally February 2008
Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.
Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.
Default Removal - Mabore vs Egg Card
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Originally Posted by mabore
