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Azazal23

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Everything posted by Azazal23

  1. Can anyone tell me what should a termination notice say? Should it mention Defualts if the Bank intend to register them if you failt o pay?
  2. Incidently there were 5 defaults and 2 CCJ's on my file when Barclays let me open my current account
  3. What part of my account is covered by the CCA then, becuase on the Termination Notice they sent me it says "issued in accordance with Sec 76(1) & 98(1) of the Consumer Credit Act 1974" Also could you get it removed on the grounds of irresponsible lending, if you could prove that they knew you were a significant risk but they lent you money becuase you were a student? Think i had CCj's and 3 defaults on my file at the time they opened the account Really im looking for ways in which to get rid of this default, as my record is clean after that. I debt is settled, is actually showing as settled the day the default was registered
  4. Hi I have a 3 agency report at the moment and can tell you, ive recently had a CCJ removed and my score went up roughly 180points with each agency. Had a default removed and its roughly 150 for them. So they do make a very large dent in your score, virually impossisble to get any decent credit with a CCJ some major lenders may take a chance withg a settled default, and a good credit record
  5. bollco**s Well what do they have to send, they sent me a copy of the Termination Notice which i didnt get and that was dated the same day as the default was registered. The default is showing as being settled the same day as the default was registered.
  6. Can anyone help, all i need to know is do Current Accounts with overdrafts fall under the Consumer Credit Act. In other words are they required to send me a derfault notice before defaulting me. Had a letter from Barclays to say they do not, and that is why they never sent me one
  7. Had a student current accoutn with Barclays and it Defaulted, they have supplied the Termination Notice (unsigned) but state they do not supply Default notices on Accounts other than Loans Etc... Can some one clear this up once and forall, do they have to send one? The Termination Notice is dated the same day as the default was registered, the account is settled and is also showing as being settled as the same day the default was registered If i cant clarify this i dont know how to proceed
  8. Does the CCA cover bank accounts, or Current accounts with overdrafts. Is that classed as "fixed credit" and therefore is covered by the act. If not how to we go about getting defaults removed from Bank Accounts
  9. Welcome Finance removed my default after non compliance with CCA, well they said they couldnt find the paperwork. What asstonishes me is the fact that how slack these companies are and yet they are and have been getting away with it for years
  10. just follow the instructions and stick to the timetables. I did and got mind removed within 5 weeks.
  11. Had a barclays current "student" account which defaulted in 2004. It was settled very quickly. I have on noumerous occasions asked them for a copy of the default notice without getting a result. However they did send a copy of the termination notice. Dated 16/9/04 the same day as the default was registered. The other day i sent a more firm letter asking for a response which relates to the default "I note from our records that a previous request for this (the default notice) was made under ref 100***** and a response was issued by *******. I have today contacted our Consumer Finance Team who confirmed that as the debt related to a current aco**** a Termination Notice was issued to you, a copy of which you have already received" "You have requested information with the CRA be removed and i confirm that as stated with the termination notice it was the banks intention to register details of any outstanding balance of accounts with the CRA's. I am therfore unable to action your request. Now the interesting points form the Termination Notice are It is dated 16/9/04 - same day as the default was registered on my CRA's files It says they are terminating our agreement from 30/9/04 and demand full re payment of my balance from that date. Quote " If you do not settle the balance on your account the Bank may transfer responsability for recovery of the debt to one of its recovery units for further action., it is the banks intention to register details of the account with the CRA's Question 1. Do they legally have to send me a default notice for my current account, i did have an overdraft by the way Question 2. Were can i go from here, i had a look at other templates but they are for loans etc... Need some help that specifically relates to Bank accounts they its seems to differ from loans. I also had an oberdraft with the account Another point is that they have entered the 16/9/04 as the date the account was also settled.
  12. Are the debts yours? what are they for if you dont mind me asking. Utility bills ? or some credit agreement. In other words were they in your name and your partnre was paying them. As tinkerbelle says there is not much chance of getting the CCJ removed, but if you read the "how to" threads for default removal you may stand a chance of getting the defaults removed. Especially if they were sent to the wrong address or they were not your debts
  13. nice one and stright to the point, you do know they will probably pay no attention to you what so ever and just take the money anyway:) god help them if they do!
  14. first thing i would do is stop paying anyinstalments and notify your creditor of this. Then get the car check by the police to make sure everthing os Kosha, if its not get onto the trading standards and a solicitor
  15. OK, completed my N244 and and new and updated N1 with the Sec 32 stuff in it. Will post tommorow, thanks for all your help. I will keep you updated
  16. i would check your calculations again to make sure all your figures are correct. I had amde an error on my claim, its ok you can still change it if need be.
  17. ok thanks, ill have alook at other threads now and try and find an appropriate defence to put on the POC
  18. So from the top I file the N244 to amend the POC i do not chance the actual wording, as in include anything to do with the Limitations Act. But change the amout to the total amount now outstanding which is £540. What do i do about the court fees becuase they have paid the inital £120, do i just put this as £0.00 as i still have that in the POC, which will or should allow me to recover anymore costs should they arise. Do i return the form stating i still wish to continue after i have filed to amend my POC. I do have 28 days to respond so i would think this would be best incase there is a problem with my application Many thanks for all your help, sorry for so many questions but just want to be sure and get it right before i continue.
  19. Ok excellent, thanks, but do i need to amend the POC to show the oringal correct amount i am claiming. If so do i subtract the amounts already paid from the total
  20. Can anyone help please, i need to know the following Do i still go ahead and file to amend the POC. If so i do i include the the amounts already paid by Nationwide in the total amount. Also can i or do i add the Limitation Act Sec 32 defence on the POC Do i do all this befire replying to the N9B form which Nationwide have stated they ahve paid all monies owed and the remainder is statute barred Or do i drop the whole thing and re file for the amounts owed over 6 years
  21. No they have not, the reason for the amendment was i initally entered the wrong amount. Nationwide have paid the charges back within the 6 year limit but not the ones that fall just outside, another £540. I did not make reference to it im my POC becuase i thought it was up to them to make light of it, now they have can i just not agrgue the Sec 32 of the Limitations Act
  22. Filed my claim with MCOL on the 22 Feb 07, and had acknowledgement they intended to defend. My claim goes back to Jan 2000 so is/was just over the 6 year limit. Like every one else 2 weeks ago had one or two deposits into my account, but then i noticed i had made a mistake on my claim specifically the amount i had entered a few charges more than once. Anyway this week i had stated to put togeather the N244 notice application to change the POC (specifically the amount). In my initial POC i made no mention of the Limitations Act or the 6 year limit. Well i have received today "Notice Of Defence That Amount Has Been Paid" from the court. Basically Nationwide have paid all charges and interest up to the 6 years, but have stated the rest another £540 is statute barred. I want to continue but am unsure s to how, do i still have to amend POC to change to total amount i am claiming and also enter a defence with regards to Sec 32 Limitations Act. Or do i just reply using the form they sent stating the amount outstanding and my response to their defence which is "The defendant has refunded all charges debited to the claimants account since 19/2/01 that had not previously been refunded. Insofar as the claim relates to charges debited to the claimants account account before 19/2/01 it is barred by virtue of the provisions of the Limitations Act 1980 No further sums are due from the Defendant to the Claimant" Can anyone help and or suggest a response, i am off work tommorow so would liek to get something togeather and get it out asap.
  23. Yes it is very ad-hoc so to speak you would think before duffing someone s credit up for the next 6 years they would be a little more precise. The cost of sending a leter recorded delivery is £1 at least they wouold have proof it was sent, just add the extra cost onto the customer like they do everything else
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