Not sure the Court will let you claim costs until you've won in Court, Paintball - even then as a small claim, they will only allow you to claim costs if they think the other side have behaviour irresponsibly.

It's not despair Laiste, but I have to say I do feel some pangs of desperation - the fact I'm getting some help in the right direction now is making me feel better, so thanks for that already. Here's the POC; They are already in breach of the Data Protection Act S.A.R - (Subject Access Request) sent 11/08. I sent a Surleybonds letter, with s.10/s.12 Data Protection Act notice on 24/09 (I've also sent this letter to the 2 Credit Reference Agencies that they have the Default registered with) and a request for more information on this claim 25/09 "Post Refrl Cr -771.00" seems to be the payments I've sent since HFC passed to Restons - this is the only statement they have sent though.

Doesn't matter how, but they can! Easily! http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/110146-car2403-hfc-bank-default.html

Thanks Mods! Thread now in the right place... Woo hoo! Can an expert offer some advice, as I seem to be barking up the wrong tree in my thinking? I'm seriously considering accepting Judgment and asking for time to pay rather than defending this...

Thanks for the honest feedback, Laiste - I'd copied/pasted much of the Defence from some other threads, so not much time wasted I've PM'd that mod to have the thread moved/title updated.

Part 8 claim will cost you £150 to issue. A Part 7 claim depends on the value of the claim - any claim for "damage" as a result of their actions, (which shouldn't really include costs for the claim until you've won) can be started as a "money claim" from £25. The damages could be anything from increased interest charges on other accounts as a result of incorrectly recorded data - but you will need to put a value on it, and be able to prove it in Court. The ICO isn't wrong, as you can use Part 8 for enforcement of a DPA notice.

Hi Conar, thanks for paying a long awaited visit... I've received a Court Claim form from Northampton and have until 22/10 to enter my Defence having already Acknowledged Service. I've sent a PM to those 3 users too.

You should find this useful; http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/111211-defaults-background-removal-methods.html Also take a look at the Default Sub-forum, where you'll find examples. From what I've seen, they don't want a precedent set in Court so tend not to show up!

I've prepared 2 defences - one short, for the initial defence I intend to send when I file a defence and a longer one with more detail; Any comments/help/assistance appreciated? Planning on seeing CAB about it this week if not... I also need to reword this a little, as the claim is for £4,992 plus costs minus something I don't understand and totals £5,032. When I've checked my credit file, the original Default balance was £4,817 - last updated 4 September 2007 @ £3,859! Where has the £1,133 came from and where are my payments I've made since Default, Mr HFC?

I've had the same issue with Barclaycard. (Also don't think there's enough info for a new thread!) I paid 3 x monthly payments via the CCCS. (Due to another creditor not accepting my version of my income and expense report, but that's another story) As soon as they received confirmation a third party was paying, Barclaycard reduced the credit limit to my balance and prevented me using the card. I made payments after this (and the CCCS payments met the minimum payment required for those 3 months) in accordance with T&C's, still applying interest - when the account reached £0.00, they closed it and refused to open it again as "the collections team closed the account 2 years ago" but failed to tell/communicate that to me. I've looked at their T&C's and can find nothing to suggest they can't do this, so I'll be interested to hear the answer to this one too.

Hi b8byd, Any update on this one? I'm in a similar position with Defaults from HFC and am challenging these separately to the charges issue, due to the Test Case announcement - might be worth taking a look as you could still pursue your Default issue outside your charges claim? http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/110146-car2403-hfc-bank-default.html And the background, here; (You probably won't want the Ombudsman looking at your Default issue!) http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/111211-defaults-background-removal-methods-post1086715.html#post1086715

You might also find this useful: http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/111211-defaults-background-removal-methods-post1086715.html#post1086715

I've been looking through the paperwork I have so far and Reston's response to the fact they haven't supplied statements is; Excuse me? You don't have statements showing my payments, or the charges you've applied to the account? Tut, tut... Aren't statements meant to be provided under s.77A CCA 1974/s.6 CCA 1996? I think so!: And, interestingly... They also shouldn't be taking legal action on this account, as I wrote to them on 1st September to tell them I'd sent a S.A.R - (Subject Access Request) to HFC and will be disputing the balance accordingly; The OFT Collection Guidelines (http://www.oft.gov.uk/shared_oft/bus...dit/oft664.pdf) s2.8 AND

Great thread! I'm yet to read it all, though. I'm facing Court action from HFC Bank after CCA'ing them on 2 accounts and they failed to provide 1 of the agreements (about £1000 balance) which is now unenforceable and the Court action seems to be their retaliation to that with the other agreement. I don't think it contains the prescribed terms, but I'd appreciate some advice either in reply to this post or on my thread, found here; http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/110146-car2403-hfc-bank-default.html#post1107155 I've just acknowledged the Court Claim and don't really want to rely on Citizen's Advice - there's clearly more expert opinion on this forum, but sadly not in the Default sub-forum?

IMHO if you have the money and can pay to avoid the default, you should - if it is made up of charges you'll get it back (plus interest) anyway? They are using the default as a collection tool to get you to pay - and it's a very good one, as it's difficult to have a default removed after it's been applied. The only way is to take a claim to Court, as the regulators don't deal with defaults correctly - which will cost you £150.00 (fee under review tomorrow, I believe) to do that. Save yourself the hassle of fighting a removal and avoid the default early on; http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/111211-defaults-background-removal-methods.html

That's about 55p a week on my £300 claim then - definately a small consolation! And I only get that if the TC goes our way and I win in Court. What a shambles!

Still no reply from O2, which is hardly a surprise really. Looking at their latest terms and conditions, (I'm assuming they'll argue that I'm bound by the most up to date version, rather than the ones they had when I opened/had the account with them) they don't even have a clause to disclose information to the credit reference agencies? Links are available here; O2 Privacy policy - Terms & Conditions - O2 and here; Your airtime contract - Terms & Conditions - O2 Given this, would the Surleybonds s.10/s.12 Data Protection Act letters work?: Defaults - a proposed method for removal and the full template letter If this would work, I'd need to be prepared to go all the way to Court, due to a spineless regulator, for the reasons discussed here; http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/111211-defaults-background-removal-methods.html#post1086715 I'm going to send a DPA SAR off to see what information they do hold about me, along with that s.10/s.12 letter/notice.

Any update on this one yet, orfoster? I'm just re-reading through this thread again, as I'm in a similar position with O2 - account defaulted with CRA's. I've tried to negotiate early settlement conditional on default removal, not marking it as satisfied, on several occasions and they've totally ignored all my correspondance. Looking at their latest terms and conditions, they don't even have a clause to disclose information to the credit reference agencies? Links are available here; O2 Privacy policy - Terms & Conditions - O2 and here; Your airtime contract - Terms & Conditions - O2 Given this, would the Surleybonds s.10/s.12 Data Protection Act letters work?: http://www.consumeractiongroup.co.uk/forum/legalities/24013-defaults-proposed-method-removal.html If this would work, we'd need to be prepared to go all the way to Court, due to a spineless regulator, for the reasons discussed here; http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/111211-defaults-background-removal-methods.html#post1086715

Not fancying my chances, given the results of this with other claims - but I'll give it a go anyway. I won't hold my breath!

Defence received: I'm a bit behind with the Halifax process, as I've been concentrating on my other claims, so is there a standard response to this? On the face of it, this is no defence at all and they shouldn't stay the claim on this basis - knowing about other claims, though, sadly that won't be the case. Tally ho!

I haven't gone to Court - yet! I was hoping it wasn't necessary. They have to deal with us as per s.10 of the CCA, which is about running account credit and includes overdrafts, IMHO. I'm in the middle of the 21 day period for them to remove the default, which they haven't done yet, so I'll have to see what happens...

I'm feeling it for you, too, Puckers! It's also no consolation that Court fees are being reduced as from 1st October - they must be making TOO much money, eh!?

Litigation team just called me to advise me that they are going to offset my overdraft of £1200-odd with the £880 that they've been ordered to pay me - strange that, as they have no legal right to offset my debt and they would also be in breach of the Court's Order if they did that. I also mentioned that that particular debt was unenforceable and I had decided not to pay them, all as a result of this thread; http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/110184-car2403-barclays-bank-default.html When I told the girl this, she took 10 mins to "speak to a colleague about it" (yes, I had the monkey on the phone!) and came back to say that the debt would still be offset. I then moved the conversation on the the issue of the bailiff warrant, (which was issued by the Court yesterday, BTW!) which did seem to throw her slightly, even though I've been a nice litigant and wrote to them to tell them what I plan to do. She then came back to ask if a cheque would be ok! I've told them they need to pay the bailiffs the money, plus the bailiffs fee of £55 so they need £945 as Ordered by the Court. Hopefully these bailiffs will get their fingers out and collect quickly, as I'm feeling the pinch a little with my other claim against NastyVest being stayed until the TC outcome... Still, nice of Barclays to finally acknowledge my case against them - despite not doing so since I started this process back in March! Read them to filth!

Here's something I've just noticed after seeing the amount of injustice being applied in local County Court Claims! Martin Lewis, MoneySavingExpert.com, has pointed out to the OFT that; This is nothing new, but... Looking at the words in bold only here's my question; Would a claim based on s.15 of the Sale of Goods and Supply of Services Act only (the section that states a reasonable price should be paid for the "service" of the Bank in considering your account and charging a fee for it) have to be heard by the Court? They can't stay the claim if it appears that the question being asked is different to the material facts in the OFT test case? I have claims regarding liquidated damages under contract law, and a reasonable price for a service under SOGA - but, would a claim based solely on the reasonable price for a service be heard?

Not my intention, Paintball, but the flow of this thread doesn't make that clear - or am I seeing threads merge now, as I've read so many?