What happens if the case flops, not that i am being negative or nothing the lets face it the banks are protected from up high. Given the economic uncertanty at the moment i cant see this having a postitive outcome for joe public. Just just to clarify, if it does fail does every case get thrown out automatically. Or if we do win, does every defence get struck out automatically? When is a decision expected?

Posted this in the OFT Updates section, but applies to the "stays" and defaults http://www.consumeractiongroup.co.uk/forum/oft-test-case-updates/134416-me-barclays-stay-unfairly.html

Update...... I lady from Barclays called last night to say she had recieved the copy of the appeal i sent to the Court and agreed that might case should have never been stayed...said they would contact me in due course. What happens if the court stays the claim again, also considering Barclays requested the stay in the first place, could i claim they delayed the case unjustly and ask for their defence to be struck out for abuse of the process?

Had my claim with Barclays ( for removal of default) stayed with all the other refund of charges claims. My claim is in no way related to these claims yet has been stayed anyway. I have just sent a 2nd appeal in, can anyone give me any advice if this fails.

Many thanks, i will use their Uk one. I have been looking for a Uk address for two days. Were did you find it out of interest. Many Thanks

I need to file a claim against scottish power but their registered adress is Glasgow. How do i file becuase on money claim it says the address has to be in England or Wales. Do i have to file in Scotland, can anyone direct me to the right forms etc...

I am claiming for £200 costs for research and time taken to bring the case to court, thats how i got out of paying the £150.

Very sorry to everyone for o getting back, have been moving house and not had much access to my PC and Files etc. Here is my Barclays POC for defualt removal, its pretty old now and you will probably be able to fine something more up to date. Thing to note with these is there different for each case so you will need to adapt your POC The Claimant had a contract with the defendant. The contract was terminated by the defendant on the 30/09/2004. On or around 14/10/2004 defendant filed a default against the claimant at the Claimant's home address. At no time did the Claimant grant permission, either expressly or implied, for the defendant to arbitrarily extend the permission to store, process or disclose any personal data beyond the cessation date of the contract. The defendant has also acknowledged that a default notice was never served on the claimant which breached the ConsumerCredit Act 1974 Sec 87,88 therefore the default entry has been wrongly entered. The claimant has tried to reach an amicable solution with the defendant without involving the court with no success. Therefore, the Claimant is also claiming costs of £200 due to research, costs, time taken and effort in bringing the case to court. As well as the deletion of the Default entry on his credit records I ll dig the details out for Welcome Finance also. For removal of defaults on loans it could/should be quite staright forward. If your loan/default is a few years old chances are they will no longer have the paperwork. I have just had to appeal, as my case has been Stayed with all the bank charges stuff even though i am not claiming for them. I will keep you all posted

In would say its mich more, supposeing your credit file is clean apart from the default. You wont be able to get a high street credit card for say 15% so you ll end up getting on for 35% 20% defference that could add for to a few hundred per year depending on how much money you borrow. The mortgage add an extra 1 or 2% i would say £30 - £50 per month extra depending on how much your mortgage is

Ok i have checked they could not give me an answer for why. All they said was the judge had a look at my letter i sent in and said he did not think it breached my rights and it was upheld

ohh well done top notch:))

Car2403 has your case been stayed becuase of the OFT case, mine has and i am just claiming for the removal of a default on a current account. I am using the same arguement as you. Did you say they have provided you a copy of the default notice for your current accout. Barclays have stated to me they dont send out defualt notice s for current accounts only loan accounts

I have a claim with Barclays for the removal of a Default. I am not claiming charges, but my claim has been stayed. The letter states the current OFT case which has no relation to mine. My hearing was due to be 8 October aswell. Wrote a letter in explaining all this, even quoting art 6.1 Human Rights Act. I called today becuase i had not got a reply, and the [EDIT] judge has upheld it. Just stating the stay had not affected or breeched the act or my rights. Can anyone suggest some help. I just feel like they have just automatically stayed every Civil Case involving Banks

I have a claim with Barclays for the removal of a Default. I am not claiming charges, but my claim has been stayed. The letter states the current OFT case which has no relation to mine. My hearing was due to be 8 October aswell. Wrote a letter in explaining all this, even quoting art 6.1 Human Rights Act. I called today becuase i had not got a reply, and the [edit] judge has upheld it. Just stating the stay had not affected or breeched the act or my rights. Can anyone suggest some help. I just feel like they have just automatically stayed every Civil Case involving Banks

Just had a letter to tell me my claim has been stayed till next year even though it was due for a hearing in 2 weeks. Can they do this so close to the finish.

A late payment marker also knocks your credit score out by around 5-10 points, so i would follow it up and make sure they remove that marker. Alot of late payment markers on your various accounts can have just as a negative affect on your credit as a default marker

yes is the argument i am and will be using. I have my date for October anyway so will let you know how it goes

yeah boo yaa, Natwest settles my claim 2 months ago in full via cheque. They sent me an offer letter last week detailing this case with the OFT and have offered me a good will gesture to settle for 80% of my total claim. Stating it would be in my account in14 days if i accepted. I signed and returned the form saying a begrudgingly accept:)))

best of british luck, if its for a current type account chances are they say they dont issue default notices, only termination ones. am awaiting my hearing now

yeah post them, i ll post mine also you can compare them

Hi i am currently awaiting my hearing in Oct for Barclays, this is soley for default removal plus costs. For me current account/bank defaults is still a very gray area i am finding it really hard to get a definative answer as to weather we should be receiveing a "default notice". I have spoken to many differnt people inc a solicitor and i am getting mixed answers. But the CCA is clear that we should receive a notice before a, they can terminate the account b, register a default

No the Welcome one had not been paid, it was removed on the grounds that they could not supply any paperwork for the loan.

Yes the Wlecome default was removed as they could not produce the original agreement, well they failed to produce anything. If your loan was going back a few years i would imagine you stand a very goof chance of getting it removed. I will post the name and addresss of the lady your best writing to, she was very pleasent and there was no hasstle once my complaint was passed to her. It took around 9 weeks start to finish. I would not advise going to court before contacting the company first, but do not waste your time with letters back and forth quoteing law etc... If they say no just issue your N1 or Moneyclaim online. I will post the Barclays POC later, i am in the middle of re vamping them with hinsight i would of definetly used an N1 instaead of moneyclaim as you can get more info on there. If i get the time ill post all my letters etc.. from Barclays and Welcome so you can see the kind of response you ll get

Instead of going back and forth like i have done in the past 8 months. I have successfully had 3 removed 1 from Welcome finance 2 from debt agencies JUst received my court date for Barclays Seems to me the quickest method is to take them to court. Oviously providing you think your in the right. Put your POC s togeather and pay your 30 quid and wait. Chances are it it will be thrown out or they wont turn up. Surley it costs too much to send a barrister or solicitor to court over a silly default. Plus if we inundate the banks etc with these cases they couldnt possibly cope with us all. Same tactic as the bank charges but with defaults. I am of the opinion that even when "removed" there is still a record on your credit file becuase i have a excellent credit record now apart from one 3 yr old default which is settled and i am still having trouble getting credit

I agree totally but the adivce i have sought so far is leaning more towards the side of not having to send one. Although it clearly states in the CCA that one is required and you would have thought it was a reasonable/lawful assumption that you would be notifies. I have just received my court date for Barclays in which i am trying to have my current account default removed. Becuase i received no notice, the interesting thing is Barclays have admittedf in writing that they didnt send one becuase they say they only do it for loans etc... I have in the past received default notices from Natwest for my current account so why do Barclays not send them Hopefully they wont show and ill win by "Default" hehehe sweet