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Started MCOL against A & L and yesterday received defence.
1. The Defendant denies being indebted to the Claimant in the sum claimed or at all and the Claimant is put to strict proof thereof.
2. The Claim is for £663.59 for the refund of bank charges but fails to disclose a cause of action.
3. The Claimant seekd to have entries marked on her credit file to be removed. Without admission of liability the Defendant will say that if bank charges were refunded the credit file entries could not be removed as they are a true reflect of the running of this account.
I would like to point out that the part about the credit entries are rubbish. They charged me for a bounced dd and that made me overdrawn. Then they kept slapping on more charges. My account was in the black before they started charging me so what they are saying is not true.
Sorry you've not had a reply to this one yet, maddyrose1664.
I'm not sure how you can go about getting any defaults/adverse comments removed from your file. If you wait about a bit longer, maybe someone who does know will see this now you've bumped it.
You say 'entries marked on her credit file...', it may help if you said what this means; is it defaults or something else?
The entries I'm referring to are the monthly entries stating the use of the account. So now they are stating that I am 6 months late making payments. As the overdraft is solely made up of charges the enrties are incorrect in my view.
Just my opinion (& as I said, I don't know much about this) but if you haven't got an actual 'default' on your account then it should not be a problem any way. Defaults are nasty things to have on there.
What I think you'll have is something like a score out of 3, entered for every month of the running of your account. For arguments sake lets say 1 = account action normal & no o/d; 2 = used o/d this month; 3 = used unauthorised o/d this month. I've made these up cos I don't have a copy of a credit report to hand, but I think you can see what I'm getting at. They do this on a month by month basis and they stay on there for a year or two. As this month's goes on then the first one listed will disappear - one in one out if you like!
So when you get your money back you should hopefully find it easier to manage your funds and this running score should improve.
A default, on the other hand stays on there for quite some time and usually means if you apply for credit no-one would touch you with a barge poll!
I think you may be worrying needlessly over this one.
I've just noticed though that A&L claim you 'fail to disclose a cause of action', [2. on your list of queries]. Did you do the wording on the MCOL the way it's advised on here?
My advice at the moment would be to 'wait n see', they may just be blowing hot air in the hope they'll scare you into withdrawing.
You've nothing to lose by waiting a few more days to see if a cheque turns up.
If worst came to worst and you had to go into court you have the chance then to make your legal stand quoting all relevant statutes, which you can bone up on and/or ask for assistance with on here. So I wouldn't worry at the moment on that score, maddyrose.
p.s. In the meantime, have you thought of sending to one of the credit ref agencies to have a check on your credit file?
Guess what. A cheque arrived in the post yesterday. So pleased. Only trouble is, they have paid me all of the money when what I wanted was for them to pay off the overdraft they forced me into. How dumb are these people?
Alliance & Leicester Next
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