that is funny! how do you respond to that?!

i also dont have (& dont think i ever received) the original default notice!

thanks thats brilliant! I will eagerly await receipt of your post.

It was quite clear in the call that the woman had no idea of any relevant legislation and she had just been told to make a call to me as clearly they were panicked by my notice! I do not have my orginal contract from this mobile phone company though ( & i suspect they wont either! as it was a singlepoint contract who have now been taken over by vodaphone!) Does that affect things at all?

HA HA HA YOU WONT BELIEVE THE CALL I HAVE JUST HAD...

just had Vodaphone on the telephone... saying that they have recived my letter with the stat notice 10/12 data protection act. They said they are not removing the default as it was correctly registered (although they have recorded it as satisfied). I said that my permission for them to record that infom ceased when the contract was terminated and it could not be recorded indefinitely or for 6 years.. (is that right?!) and she went on to say that it was law that they had to record the info about me...

i asked what law?? and she said quote "the credit law" (!), i asked what legislative section and she said she didnt know but it was law! I said it was not! She said they were recording it anyway and i said well put that to me in writing and she said she will..

What do i do now?!

Hi Sarrah,

you can do the 30 day free trial with Experian, and just cancel your account before the 30 days is up and your account doesn't get charged! I did it recently, found out about it on MoneySavingExpert.com ad-free, free to use, Consumer Revenge!

unfo i did this last year so cant get another free trial and i am resigned to having to pay my £2!

help, do you have the address or tel no for ombudsmum for complaining against account closure. MBNA have sent me a letter today offering £100 goodwill and if i dont accept they will cancel accounts

 

regards

sharman24

yes go onto their website Financial Ombudsman Service and you can find out more info and the telephone number to call which is 08450801800

You definitely should raise it with them but be aware that they will not follow it up (although they will write a letter initially to HSBC to say thye have been notified which can be helpful) until 8 weeks after initial complaint OR until you have had final response from HSBC which refers you to ombudsman if dissatisfied. It is worth raising it with Ombudsman straight away though even if only to get that first letter and get a reference number on their system.

Sarah, I don't think you can claim for the Data Protection Act request, as it is a 'service'... Not sure though. I'm sure the court will keep you right.

thanks for this, well lets see if i can get away with it or not.. i should have also added all the special delivery costs and postage on too as thats probably cost me over a fiver!

I will keep an eye on your post givemeitback!

Hi Sarrahk,

I copied Scotias claim almost to the letter, against BoS. In Scotland they give you a return date then a prel hearing date about 7 days apart. My return date was 18/8/06, BOS waited till 11 days before return date then s##t themselves and paid up. lol

Mairi

Ha ok! thanks! Well fingers crossed thouugh i have to say we are not backing down on this one, am ready for a court battle if needs be,they have had enough time!

I am down as my boyfriends "authorised lay representative", I am actually a trainee solicitor but for crime in England & Wales, but i am just down as a lay rep so all the paperwork will come to me (& i checked with the court & even if he has a lay rep they will still arrange the service) so lets see what happens..

HA i hope it does cost HSBC £375 for each letter from ombudsman as i know they have already sent one to them for me about the closures and i am starting separate complaint about charges now so that will be another one for HSBC.. plus they have the banking code standards board on their back from me so i intend to annoy them as much as they have annoyed me..

i now have secure new account with alliance & leicester so intend to purse HSBC every which way i can!!

i had a call from Jane Mckew at banking code standards board today and she advised me that her senior has emailed HSBC and raised my complaint over my account closures with them and told them to look into it asap as possible code compliance issues....

She says it should help get a quick response from them and i must pursue the complaint..

We will see...

wow! thats an impressive statement of claim! i have just done mine as Scotia has to keep it simple.. i think i will just leave it like that for now. With the interest i looked up in the small claims guide and it just says you can only claim 8% annually from date of service (judicial rate) so i have just written that in the claim. I have just attached basic spreadsheet listing the charges and dates they were applied.. fingers crossed that will be ok. I have also specified amount of expenses £49 for court fee and data protection request..

what do you think will happen once forms served?? do you think they will pay up or go all way to court.. scary stuff!

is the legislation to be quoted in my small claims form for scotland same as in england.. i.e. unfair contract terms act etc?? (as in scotia's template??)

would appreciate quick reply on this one as planning to send forms off today...

yeahi did consider this but he lives in edinburgh (although visits a lot and is moving down in next couple months!) and his account is registered to his address in scotland.

I have pretty much cracked the scottish forms and managed to complete, just a few wee points with interest etc as above but actually i had a look at the useful small claims guide and i think i know how to do rest of it now..

wow! I am welcoming all this hijacking of my thread... its full of fantastic info.. keep it coming! I am just wondering if you have looked at the post above anyone about the vodaphone/singlepoint issue .. any tips on this? I have just sent my DPA notice to vodaphone in the manner suggested but i know my contract was also originalkly owned by singlepoint (who now no longer exist and vodaphone have taken over) although the default marker on my credit file has clearly been put by vodaphone..

i sent it to a banbury address as i was told they are the people who deal with credit files for vodaphone

also where has the interest calculator gone on the site.. could do with some guidance on the interest malarky...i might just have to give up otherwise. Also do you know where you put specify the expenses for the action on the court forms...

so many questions..... help much appreciated, thanks! x

also is it right in scotland limitation period is 5 years for money claims?

ok... i am still pursuing this but I have been side tracked lately (see my other thread!)

.. i have just completed forms for HBOS.. just wondering where i put the interest figure on the form 1 and 1b?? Do i attach separate tables to the forms with details of the total charges and charges with interest .. ??

there does not seem to be place to put total sum of claim (inluding interest) on the form apart from box 4 where you specify the amount and simply say you want the 8% on that.. should i actually just put the amount including interest or not bother at all..

hope this makes sense..

this is same as me.. was yours singlepoint???

hey thanks for all of this, i was so excited by it all i immediately sent my notice and letter off to Vodaphone today. I intend to send copies of this to Equifax etc.

 

Should i still send a letter to equifax about "opting out" and does that simply mean its only future info they cannot automatically store about me, what about the info (defaults and late payment info) they already have stored??

can you help me on this last query mr x ?

Oh! Also, don't bother telling them about your existing account. You can get away with that as they're closing it anyway!!

Thanks mark.. i think i may have been successful with alliance and leicester though today.. they have sent me through a pin number for my card (it may be visa electron card which i think is similar to solo?) anyway which looks hopeful although this seems to have come through before the account number & sort code which seems crazy! so we will see...

Incidentally i have written to natwest today to find out reason for rejection (if it is credit score or my past dealingsa with them?!) on solo account.. i am intrigued... i think every bank in england will hate me soon!

ok thanks folks for all experian info. I will be sending off for my up to date copy report soon but i am just battling over a default removal that i know is on there at the moment (see my separate thread).

anyway, so i spoke to ombudsman today... they have said what they will do is open up my complaint against HSBC into 2 separate (although linked!) reference numbers:

1) complaints about bank charges

I was told this they can look into now as i have been in battle since april over it and going round in circles with bank (yet another £125 charge is proposed on my account they are closing soon on top of the £150 they levied in June and July!) and i had a letter referring me to ombudsman.

2) Complaint about closure

They say that although i see this as part and parcel of my complaint about bank charges, it has to be looked into separately. They cannot start looking into the closure itself until the 8 weeks has expired since i received HSBC's notification of closure (that being 28th July).. so bit of wait. They have told me however that they have written to HSBC telling them to look into the closure to try and speed it up.

Incidentally i asked the Ombudsman exactly what they can do about account closure in term of remedies, i.e. can they force it to be re opened and it seems they cant although the chap i spoke to was not too sure. What they did say however is that Ombudsman are looking into quite a few similar cases at mo (closures because of complaints about bank charges) but not yet been final ruling on any of them so seems quite few people are trying to overrule this method of proceeding... I know they can compensate for "serious inconvenience" caused so i am hoping for a result like that!!!

interesting.. i dont think banks are going to get away with it for much longer..

I also telephoned Jane McKew at Banking code standards board to see if theres been any progress there and left message so just waiting.

Sarrah i am in exactely the same boat as you though i had two contracts with Vodafone and did exactely the same and asked them to remove the defaults as the accounts where settled over a year ago in full but all they did was put that it was satisfied on my record and these two defaults is causing me soo much headache it is untrue. I reckon i wouldnt have a problem with these two removed. I asked them to remove them and they told me to get lost. This information looks supurb. If i dont get a good credit rating asap for me and my girlfriend which allows us to try and get our loans on lower APRs than what we are paying at the minute and cut our bills down drastically we might end up splitting up after 9 years together. Dont these companies realise how much heartache they cause. Yes we put ourselves in these positions but it is even more once these accounts are settled to cause us more headache for the next 6 years of our lifes and put extra strain on these problems.

I know how you feel its really stressful but you want to try and "take the bull by the horns" and tackle it. It is not worth letting it all affect your life.

I got into serious debt 2 years ago and am fighting my way through it now with help of CCCS and am getting back on track and now i just want to "clear up as i go" so i can get a mortgage in the future & a current account!

I intend to try every which way to rectify the defaults, especially on a settled account as i think its grossly unfair when you have paid up even if there was a bit of a delay (in my case i was especially furious as i had never actually just stopped paying them.. i had been paying installments to their credit agency before i settled up in full a couple months later! They are just doing same to me as they are with you and refusing to remove the default and only marking as "satisfied" by virtue of the fact that it went to their collection agency!) so all we can do is fight fight fight and yes petition the prime minister i am all for that!

hey thanks for all of this, i was so excited by it all i immediately sent my notice and letter off to Vodaphone today. I intend to send copies of this to Equifax etc.

Should i still send a letter to equifax about "opting out" and does that simply mean its only future info they cannot automatically store about me, what about the info (defaults and late payment info) they already have stored??

hey thanks for all of this, i was so excited by it all i immediately sent my notice and letter off to Vodaphone today. I intend to send copies of this to Equifax etc.

Should i still send a letter to equifax about "opting out" and does that simply mean its only future info they cannot automatically store about me, what about the info (defaults and late payment info) they already have stored??

Do i just send the notice and letter to Vodaphone or to Experian etc as well??