Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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  1. #1
    Basic Account Holder robbieg Novitiate

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    Question Removal of default notices on credit record?

    http://www.fool.co.uk/news/foolseyev...fev060504c.htm

    hi, having read the article above on how to reclaim your bank and card charges
    I was surprised to see that this person thinks its possible to have default notices removed from his credit rating as well! is this possible? is it worth including in my letter to the bank?
    quote "The reason why you ask for default notices to be removed is if you defaulted on a charge. It's not fair that your credit record looks bad because of an unfair charge." does this guy have a case?

    thanks for reading, rob

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  2. #2
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    Default Re: Removal of default notices on credit record?

    Hi and Welcome
    People are getting default notices removed but it depends on the circumstances of how you got the default.Please use the search facility of the site and it is important you read the FAQ's and around peoples threads it will give you a much clearer idea and will answer any questions you have.


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    Default Re: Removal of default notices on credit record?

    Just to add to the above, although this is not an exhaustive reply to the question - if you were defaulted for an amount that was very close to, or less than, the amount of charges that had been imposed by that date, you would have a good case.

    In my case, defaulted for around 700 - charges total at that time 2024

    So I feel I have a case

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    Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.


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  4. #4
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    Default Re: Removal of default notices on credit record?

    In my case, I refused point blank to even discuss settlement unless it included removal of the default. Important to make the distinction between 'removed' and 'settled'.

    Robertxc v. Abbey - 3300 Settled in full
    Robertxc v. Clydesdale - 750 Settled in full
    Nationwide v. Robertxc - 2000 overdraft wiped out, Default removed by order of the sheriff
    Robertxc v. Style Card - Default removed by order of the sheriff
    Robertxc v. Abbey (1) - Data Protection Act action. 750 compensation
    Robertxc v. Abbey (2) - Data Protection Act action. 2000 compensation, default removed

    [B] The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.
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  5. #5
    Basic Account Holder whistleblowing fairy Novitiate

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    Default Re: Removal of default notices on credit record?

    I know we'll remove the default if the only balance was charges.

    If you didn't pay before the default notice was issued and the balance was your transactions and charges, we wont remove it.

    This is because we're bound by our credit licence to report a true and accurate picture of the way you've managed your account. If your balance included your transactions, you're obliged to pay for them. even if you're disputing part of the balance, you still have a part that you're not disputing that you have to pay for and didn't.

    I don't know whats happening with those who've gone to court. I can only say what I've been told and that's if any part of the bal was genuine and no payments made the default is correct.

    Also there is a hugh difference between settling a default and removing it. If you can't get the default removed because of a genuine balance and definately go for the next best option of gettingit showed as settled.


  6. #6
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    Default Re: Removal of default notices on credit record?

    I think the point of law that we are following is base upon the total level of charges that had already been imposed at the time the default was issued. In such a case, it would be very unlikely that you could show an account that had never been overdrawn without charges, so I don't quite follow your point above, w_fairy.

    If an account, for example, had incurred charges totalling very close to the amount it defaulted on, and we accept that the charges are unlawful, then surely it leads to the point of view that had those charges not been imposed, the account would not have defaulted?

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    Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.


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  7. #7
    Basic Account Holder whistleblowing fairy Novitiate

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    Default Re: Removal of default notices on credit record?

    ok, i'll give you an example which might help.

    Say your balance was 200 and you paid this in full but it was a few days late so a late payment charge and interesticon would be added (say 25). This would give you a balance of 25 (because you cleared the previous balance in full).

    If you then didn't pay and the account eventuallt defaulted six months later for 150. We'd be able to remove the default because the balance was just charges as the 200 payment had cleared your transactions.

    If your balance was 200 and you only paid 10 but paid it late, getting charges. you then refused to pay because of the charge you received, causing more charges and the account eventually defaults for 365. We'd be unable to remove the default because even if all the fees were refundedm you'd still have your original 200 that you've not paid for.

    As I said before, i don't deal with those going through court claims. The amounts I deal with, the refunds still don't clear the balance. So I can't tell you what would happen to the default if the refunds cleared the balance.


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    Default Re: Removal of default notices on credit record?

    I have had my default on my Credit file removed from HSBCicon (credit card), as they could not supply me with a 'true and signed copy of the original default notice'.

    Best regards


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  9. #9
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    Default Re: Removal of default notices on credit record?

    Quote Originally Posted by D5Tweddle
    I have had my default on my Credit file removed from HSBCicon (credit card), as they could not supply me with a 'true and signed copy of the original default notice'.

    Best regards
    Interesting. How much arm twisting did you have to do?

    Robertxc v. Abbey - 3300 Settled in full
    Robertxc v. Clydesdale - 750 Settled in full
    Nationwide v. Robertxc - 2000 overdraft wiped out, Default removed by order of the sheriff
    Robertxc v. Style Card - Default removed by order of the sheriff
    Robertxc v. Abbey (1) - Data Protection Act action. 750 compensation
    Robertxc v. Abbey (2) - Data Protection Act action. 2000 compensation, default removed

    [B] The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.
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  10. #10
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    Default Re: Removal of default notices on credit record?

    No arm twisting, honest.

    I used a templateicon that I got off this forum, and hey presto, I recieved a letter from HSBCicon, stating that 'due to the age of the account, we are unable to provide copy (of) documentation as required. A request has been made today to remove this record from your credit file'.

    I checked last week and the default has been removed from Experian & Equifax. The debt was for 1300 (roughly) and not made up of charges.

    God honest truth it took 15 days!

    If you want a copy of the letter I sent, I will be happy to oblige.

    Best regards

    David


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    Basic Account Holder ninekey Novitiate

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    Smile Re: Removal of default notices on credit record?

    Wow, well done. This puts you in the category of the elite few! Would you mind zipping me the letter that you used? I'm soon to try to persuade the Mighty Eggicon to remove a default entry on my file. Not such an easy road ahead, I fear!


  12. #12
    Basic Account Holder sammy115 Novitiate

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    Default Re: Removal of default notices on credit record?

    I am with the Abbeyicon. When my OH got made redundanticon and then I got made redundant too (and consequently going to employment tribunal) Abbey threatened to withdraw our overdrafticon. On the promise that both our salaries got paid into the bank they would not withdraw the overdraft. However, before our salaries were paid in they wrote to us to tell us that they were taking the overdraft off us. This meant I had no choice but to put my money somewhere else otherwise we could not have eaten! I then made proposals to pay by email - was ignored. I then sent a recorded delivery letter with my proposals - which they ignored. I then telephoned them to be told that they were awaiting the outcome of my court case for reclaiming charges and they would put the account on hold for two weeks. NOW they are threatening to default me in the next week. I have managed to get a stay of execution for a month but this means me trying to find 3,000 by the end of the month - no mean feat. I feel like I am being threatened due to my claim for bank charges.


  13. #13
    Basic Account Holder Ferru Novitiate

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    Default Re: Removal of default notices on credit record?

    Could you post a copy of your letter please?

    Regards

    Jeff

    Quote Originally Posted by D5Tweddle
    No arm twisting, honest.

    I used a templateicon that I got off this forum, and hey presto, I recieved a letter from HSBCicon, stating that 'due to the age of the account, we are unable to provide copy (of) documentation as required. A request has been made today to remove this record from your credit file'.

    I checked last week and the default has been removed from Experian & Equifax. The debt was for 1300 (roughly) and not made up of charges.

    God honest truth it took 15 days!

    If you want a copy of the letter I sent, I will be happy to oblige.

    Best regards

    David



  14. #14
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    Default Re: Removal of default notices on credit record?

    Hello, below is a copy of the letter that I sent.

    Best regards

    20th June 2006

    Dear Sir/Madam
    Account number 5434 XXXXXXXXXX


    After recently obtaining a copy of my credit file from Equifax 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 crediticon Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account. I enclose a 1 cheque in payment of the statutory fee, Cheque number 100171.
    2. You must supply me with a signed true and certified copy of the original default notice
    I would request that this data is provided to me within the next 14 days, if you are unable to provide this data then I must insist that it is removed from my files as unsubstantiated.

    Yours faithfully



    David

    Hope this helps.


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  15. #15
    Basic Account Holder moony Novitiate

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    Default Re: Removal of default notices on credit record?

    here is a link to a website with templateicon letters for removing defaults
    Remove Default Notices on a Credit File - We show you how

    DPA Halifax Acc 1- 27th June 06
    Acknowledement - 14th July 06
    Request of payment from me - 21st August 06

    Rang them stating paid charge for statements - 21st August o6
    Told me they would be sent out next day - 21st August 06
    DPA Halifax Acc 2 -29th August 06
    DPA Barclays - 29th August 06
    DPA Halifax Visa - 29th August06
    DPA Halifax Acc 2 - received 30th August 06
    DPA Barclays - received 30th August 06
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  16. #16
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    Default Re: Removal of default notices on credit record?

    Sorry if this sounds silly but is receiving a default notice the same as being warned that if you don't pay up you may be defaulted against?


  17. #17
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    Default Re: Removal of default notices on credit record?

    No - the latter usually let you know the consequence of not paying, but an actual Default Notice is the legal requirement to say "it's now been done"

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    Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.


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  18. #18
    Basic Account Holder Redrob Novitiate

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    Default Re: Removal of default notices on credit record?

    Quote Originally Posted by :Boy: View Post
    I have had my default on my Credit file removed from HSBCicon (credit card), as they could not supply me with a 'true and signed copy of the original default notice'.

    Best regards
    This is very encouraging. Just yesterday I sent out copies of the same templateicon letter to HSBC for a credit card and current account. Balances cleared off years ago so with luck I'll get the same response in the same speedy manner. Then I can get a decent mortgageicon, it's the only negative stuff on my credit file.

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  19. #19
    Basic Account Holder gemini2402 Novitiate

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    Default Re: Removal of default notices on credit record?

    This is my first time posting, and I'm so glad to have found this thread!! I shall be following the advice, and getting my defaults removed, hopefully

    thanks
    Pam


  20. #20
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    Default Re: Removal of default notices on credit record?

    Quote Originally Posted by Redrob View Post
    This is very encouraging. Just yesterday I sent out copies of the same templateicon letter to HSBCicon for a credit card and current account. Balances cleared off years ago so with luck I'll get the same response in the same speedy manner. Then I can get a decent mortgageicon, it's the only negative stuff on my credit file.
    Make sure you correspond with the Group Data Protection Office at Canada Square rather than custome services



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