aha, spotted another thing already, they are members of a trade association http://www.robinsonway.com/CSACodeofPracticeA4.pdf

An update. I wrote back to the court informing them that the payments were still being made every month and everything went quiet. Then a couple of months later, a collections company starting hassling me for the money again. I told them the same, they went away. A couple of months later they came back, I told them the same they went away. This week, another couple of months later they have written again, and I phoned them to remind them of their mistake AGAIN. This time they said that "their client" said I was lying and that the onus was on me to prove I wa paying it. I think this is pretty disgusting as it's clearly a clerical or administrative error on their part and I would say the onus should be on them or "their client" to keep proper records! I pointed out that they were not allowed to harass me for a debt which was being paid in accordance with a judgement and threaten court action which they could not take (then idiotically said I would report them to the law society when in fact as debt collectors I should have said OFT or something I suppose!). I also said that they were welcome to take me to court as it would get thrown out. Do others agree that the onus should be on them? I am not sure that I have the relevant paperwork any more and I don't know how to prove it otherwise. Now I would appreciate your advice on further action. Call me petty, but these people do not have the right to harass me and lie about taking me to court for money I am paying. I want to cause as much administrative bother to these people as they are causing to me and I want a list of all the things I can do, anything to add to the below? 1) Data Protection Act S.A.R - (Subject Access Request) request 2) CCA requests - agreement, deed of assignment etc 3) Report to relevant authority - they are debt collectors, is this the OFT? Any other advice as regards further handling of this issue on my part, including court defence if they actually take it that far (I suspect not - I think they know this is being paid and are trying it on).

I haven't got too far with mine as yet but try here for starters: http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/111211-defaults-background-removal-methods.html

a note of caution about not paying - they don't care for the rules and might default your credit file anyway and they're a devil to remove

keen to hear it!

thanks, just need o summon up the brain energy to get it together now! *weary of battling banks*

same here

Having done some reading round this section of the site I am going to start trying to get a default removed, and my first step what I hope will be a polite but robust letter of complaint (I really just want to wash my hands of this business, I hope they do too!). In this first approach I intend to make an offer to repay £65 in bank charges which I am still being chased for and take no further action in exchange for removal of the default, I am under the impression that if I attach this seperately and clearly mark it "without prejudice" that should not be allowed to be used against me in court should we get to that point, is this correct?

thanks for this useful information - I'm just looking for theoretical ideas to bolster a complaint rather than court action for now so don't worry too much!

as far as I can tell the agency will not change it unless the bank tells them to, so I would go to them. that said, one late payment is a very minor issue and assuming it's all back up to date soon it won't cause you any problems.

good work car! thank you.

*bump*

I'm writing a complaint about a default which should not be on my file. It's the only thing on my file but it's pretty recent so it's got 6 years to run if it stays. Does anyone know how I might go about "pricing" it. i.e. how much extra a mortgage / other credit might cost me?

fab, can you give us an idea what was in your letters / complaint?

thanks -silly me forgot about that bit

Hi there people, what's the best address for a letter that I want to land on the desk of someone in customer services in the first instance rather than elsewhere in the bank?

it is a useful reference, might I suggest a success stories sub forum for the defaults section?

I've been sitting on this for a while, then lo and behold today a threatening letter for £65 arrives. My other half works in collections and thinks it unlikely they will go to court for it, but I don't mind really, it is charges and if I have to pay it I will just get it back off them. The default is the big issue for me and I have a few options to handle this, I think. I would be grateful for views on which to pursue: 1) Pay the £65 so I can go after them for the charges and include the default on the court claim, has this been working for alliance and leicester? I won't need to go through the whole data protection stuff at least as I have print outs showing the charges at long last. 2) CCA route 3) other legal routes - defamation etc. I don't really see much guidance for this on the site 4) official complaints procedure (again!) followed by the regulator - on the grounds that the amount was clearly disputed in writing, and over the phone several times. not sure I sent it recorded, but I will have fax transmission record. I am considering going for 1, 2 and 4 simultaneously (save on postage ), I don't really think I'm up to 3 unless I really have to. Do others advise against pursuing more than one route at a time?

*bump bump bump* Really really grateful, if nothing else, if anyone can advise if I can use the usual CCA, default notice etc method for bank aco****s / overdrafts (as opposed to just credit cards / loans). Thanks

Ok, I spoke to A&L collections and their collections agency. I am utterly baffled and frustrated, I could cry. Here is a rough summary of the situation (don't have the precise dates and figures in front of me). Please help. After I reclaimed charges from them they closed my account. They tried to collect a debt of £370 or something when as far as I could tell from their last statement it should have been about £305, which I have now paid. I told them on numerous occasions I would pay the full amount when they told me what it is for. They defaulted me in January according to my credit file. I only noticed this on equifax yesterday, I originally noticed the default on experian where it was removed quite swiftly after some letters went backwards and forwards, although late payment information remained. I have been refused or promised information on the outstanding amount numerous times (including today). Obviously them claiming there is £65 odd quid outstanding is an issue, but my primary concern is that they said today the default is legitimate and they refuse to remove the default. This is going to sit there for 6 years when my file should have been clean within six months They said they didn't know why it had been removed from experian and not equifax. I am so confused as to what to do next as there are so many ways to approach this and I have had so many problems. Grateful for your thoughts as to next steps. 1) Take the usual CAG default removal route (i.e. request various CCA docs and check they are in line) - does this work for current accounts with overdrafts? I'm kind of hopeful if it does - the account was taken out in 2001 and I don't recall signing an overdraft agreement - it was set up over the phone. 2) Apart from about £110 (£100 authorised overdraft and a £10 or so overspend) the amount I was defaulted on is composed of penalty charges. However I understand this approach only seems to work when used in conjunction with a claim for charges. I could pay the full amount they say is outstanding which, from my conversation, I finally understand is from penalty charges then I can go back with a claim for the charges and to remove the default. 3) Data protection - I pointed out in numerous letters that this debt was disputed (since I made the initial claim) and that they should not record adverse info on my credit file as per the banking code for disputed amounts. I guess I would follow this approach up via the information commissioner? Right, and to rub salt into the wound, the other sticks I have to whack them with over this painful affair, off the top of my head: - I sent a second Data Protection Act S.A.R - (Subject Access Request) in that they never responded to - I sent this because I wanted to find out where the extra money they said they owed me came from. - I could complain to FOS about account closure (and other issues - staff lying to me about a cheque going missing, I won't bore you or make myself weep with anger by going into detail).

I recently claimed charges back from A&L and subsequently had a to and fro with them over a default on my credit file (details here: http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/77608-default-more-charges-closed.html) I thought that the default, if not the late payments had been resolved. I was tracking my file via experian and it was marked as settled and just marked as late payments after a couple of letters. However, I recently got refused for a capital one card and subsequently checked my equifax and it is still marked as a default and unpaid there. Should I be chasing alliance and leicester or equifax? I am fuming. What shall I do next?

I think it does differ from council to council. We moved from one area to another, the first was evidently more relaxed as we made a few late payments. Camden council however got a liability order because although we were paying monthly the DD was going out on the wrong day of the month or something....!

Thanks, yeah I know it's not guaranteed. I don't even really need one with the CCJs I am used to living within my means now.... but I want to try to buy a flat when the CCJs fall off the file next year so thought it would be a good idea to try to start getting a credit history, and just buy a couple of bits each month and clear it in full. And thanks Rory

really barclaycard? wow I didn't think they would touch the likes of me! I was on to capital one but just wanna see if there's anything else about. Thanks.

Hi, I have 2 CCJs from 5 years ago showing on my credit file as settled. I also have an alliance and leicester account with three payments showing as late in the last year (from when I was recovering my charges.... never could get them to remove that bit ). I've been living here for over a year and I'm on the electoral roll. I don't have any other credit accounts, just a basic bank account. Anyone got any particular providers to suggest / recommend that I might be able to get a credit card from?