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mikebo
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Is it correct that banks are not allowed to default accounts that are in dispute?

 

If this is correct does anyone know where i can obtain the info regarding this and any letter templates which anyone thinks would be of use would be gratefully recieved.

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I am 100% certain that you cannot be defaulted whilst the account is in dispute. What kind of account is it? Credit card?

 

Send this letter first.

The Loan Company

Company House,

Church Street,

Newtown,

Kent,

R1 7HG

 

Dear Sir/Madam

 

Re:− Account/Reference Number 4563210025897412

 

PLEASE NOTE THAT I DO NOT AGREE WITH THE AMOUNT OWING UNDER THIS AGREEMENT. PLEASE UPDATE YOUR RECORDS TO SHOW THIS ACCOUNT AS 'IN DISPUTE'.

 

I will not correspond further on this matter until you have provided the following documents.

 

 

We understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a copy of our credit agreement on request. We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

 

We understand a copy of our credit agreement should be supplied within 12 working days.

 

We understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

We look forward to hearing from you.

 

Yours faithfully

Mr A N Other

 

They have 12 days to produce this information. After 12 days the agreement is unenforceable until they produce the agreement. After one month the agreement is unenforceable without court action.

 

I can't remember which Act prevents banks from defaulting accounts in dispute but I'll have alook and see if I can find it.

HSBC

7th October 2006 - Prelim for £3078

24th October - LBA

7th November - Claim filed

11th November - Acknowledged with intent to defend

11th December - Defence filed

16th December 2006 - Offered full amount but no default removal. Rejection letter sent.

 

Halifax

7th October 2006 - Prelim for £3427

24th October - LBA

3rd November - Offered £913

3rd November - Accepted as partial payment

7th November - Claim issued

21st November - Acknowledged with intent to defend

11th December - Offered full amount but no late payment removal

4th January - SETTLED + removed adverse credit info

 

A & L

19th October - Prelim for £540

26th October - Offered £358

2nd November - Accepted as partial payment and LBA

27th November - SETTLED + removed adverse credit info

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Section 13.6 of the Banking Code:

 

13.6 We may give information to credit reference agencies

about the personal debts you owe us if:

• you have fallen behind with your payments;

the amount owed is not in dispute; and

• you have not made proposals we are satisfied with

for repaying your debt, following our formal demand.

HSBC

7th October 2006 - Prelim for £3078

24th October - LBA

7th November - Claim filed

11th November - Acknowledged with intent to defend

11th December - Defence filed

16th December 2006 - Offered full amount but no default removal. Rejection letter sent.

 

Halifax

7th October 2006 - Prelim for £3427

24th October - LBA

3rd November - Offered £913

3rd November - Accepted as partial payment

7th November - Claim issued

21st November - Acknowledged with intent to defend

11th December - Offered full amount but no late payment removal

4th January - SETTLED + removed adverse credit info

 

A & L

19th October - Prelim for £540

26th October - Offered £358

2nd November - Accepted as partial payment and LBA

27th November - SETTLED + removed adverse credit info

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thanks Alexifa, the RBoS sent me a letter stating they were going to default my royalties premiere acc and my mortgage acc. i had already sent my first letter at the beginning of the month reclaiming unfair charges on my premiere acc and had a reply stating they would investigate it, 2 days later i got the letter reguarding the default notice. i just needed to be certain before i speak to them. i am going to offer an affordable monthly amount to start paying off the overdraft as a gesture of good will on my part while the situation is resolved.

Thanks again, Mikebo

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