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Default registered AFTER non compliance with CCA. Advice needed
Hi all,
I am onto my second claim with Abbey; the claim amount is about £2000, which is comparable to my current (unauthorised) overdraft.
I began my dispute back in April 2006 and had my first refund in Feb 2007, this was for £2400. I began my second claim, from April2006 to present day in Jan 2007, so there has been a continuous dispute for 11 months.
I was given notice of intent to default, in 28 days, on 08/02/2007 by Abbey. I responded with 2 letters stating that the account was in dispute ETC, in the hope that it may stop the default. I also sent a request for a copy of my signed credit agreement; this was posted on the 19/2 and signed for on the 21/2.
Today I received a letter from debt management & Recovery Services Ltd (DMRS) dated 10/3, informing me that my account is now in default. This letter was sent 13 working days after my CCA request was signed for.
I have already contacted the FO and Banking standards board in relation to Abbeys conduct, and I will again contact them about this default.
The question is, however, can I now commence a legal action to have this default removed? I am unsure if Abbey have committed an offence at the moment, but to fail to respond within 12 working days of the CCA request makes the debt unenforceable, and as such surely the default is unlawful/illegal? I am aware that just because it has been stated on the letter that the default has been registered, it may not have been, but it was confirmed on the telephone that the default was registered on the 12/3
I will do some checking myself, but if anyone can suggest a suitably robust challenge of this action by Abbey I would be much obliged.
Re: Default registered AFTER non compliance with CCA. Advice needed
c'mon guys, someone must know what action I can take against Abbey, I can't let them get way with it.
They have defaulted my account 13 working days after a cca request, they cant do that, I just don't know enough law at the moment to know how to challenge it!
Any help really would be appreciated, even just a bit of moral support (hint hint).
Applied Abbey statements -40 day up 24/04/06(arrived 30/06/06)
Prem 04/01/2007 - reply rcvd 22nd Jan advising not paying
LBA 22/01/07
14/02/07 N1 filed @ local court
21/02/07 issued claim
23/02/07 deemed served
25/02/07 Abbey acknowledgement defend in full.
19/03/07 defence + 50% GOGW
13/04/07 AQ final day for submission
30/04/07 DEFENCE STRUCK OUT "ABUSE OF PROCESS"
01/05/07 Judgement order
Re: Default registered AFTER non compliance with CCA. Advice needed
Louis
i'm in the same position with the default as you, i've rung experian and they said that people are allowed to put a notice of correction of upto 200 words on their credit file by e-mailling customer services at experian stating why the default should not be applied and they will then attach it to your credit file. This won't remove the default but should nullify it's effects somewhat until you can get Abbey to remove it.
The abbey showed me as much attention as yourself about the removal ie:- none even though i told them about section 13.6 of the Banking Code, I think i might try mr arrundale next before i amend my claim.
Re: Default registered AFTER non compliance with CCA. Advice needed
has anyone tried claiming damages in relation to the default, I am wondering what an acceptable amount would be?
I am applying for a mortgage at the moment, if the mortgage co increased their interest rate due to this default, would Abbey be responsible.
I'm thinking a small increase in % rate meaning an extra £25/month in repayments. £25/month over 25 years is £7500, all because of a default made up entirely of unlawful charges.
Re: Default registered AFTER non compliance with CCA. Advice needed
Louis
I think the best thing to do would be to find out if the mortgage company has done a search on you. The easiest way and free way of doing this is to sign up to creditexpert.co.uk {experian} for their 30 day trial, you can then get your credit report as many times as you like. Once you have this it will show if the bank has applied the default yet or not and also if they did when they appplied it, you can then check the searches section to see when and if the mortgage company did their search. If the mortgage company did their search before the default then it shouldn't matter, if they did the search after the default i would presume you would have to get in touch with the mortgage company and ask them if it has affected their decision in any way ie an increase in rates. If it did then perhaps you would be able to get them to reassess your application once the default is removed, once the default has been removed and they then dropped the interest rate you might be able to go after the Abbey for what you have actually paid in increased payments.
if you do sign up for credit expert make a note of the date so you can cancel just before the end of the trial period to avoid being charged.
Re: Default registered AFTER non compliance with CCA. Advice needed
I dont know if I am just having one of those days, but cant find anything regarding adding the removal of a default to the N1.
Should I just add
'removal of default due to bank charges' to the 'brief details of claim',
and then add a a line to the POC, say point 7, stating that the default was placed on the account due entirely to bank charges and as such must be removed'?
Re: Default registered AFTER non compliance with CCA. Advice needed
Im having almost exactly the sam trouble with Abbey, they seem to be taking over my life.!!!!
They have written to me today telling me that they that if I dont pay off the overdraft and send cards back etc. they will default me. Ive just got clear of a previous one from RBS some 6 years ago, and getting any credit or mortgage was a nightmare!!!
Re: Default registered AFTER non compliance with CCA. Advice needed
pjgodman
Dont get put off get even. As long as you've already started by sending in the prelim letter the account is in dispute and although that won't make much difference to Abbey {they'll still apply the default} you can put a notice of correction on your credit file while you go after the abbey to remove it and they will have to remove it because they've broken the Banking Code and i think the data protection act.
Default registered AFTER non compliance with CCA. Advice needed
; the claim amount is about £2000, which is comparable to my current (unauthorised) overdraft
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Re: Default registered AFTER non compliance with CCA. Advice needed
