If you are defaulted (have a default registered on your credit file - they may "default" your account, but not record it!) you need to challenge this in your claim for charges. If you can show - as you can - that the majority of the balance is made up of charges that are proven illegal, you can ask the Court to make an order under S.14 of the Data Protection Act 1998 to have the default removed, if BOS won't agree. (You may need advise from others on this, as you're probably governed by Scottish Law, though) If they settle with you, make sure it's conditional on complete removal of the default not just marking it as satisfied/settled. (A satisfied default will still adversely effect your credit rating)

Any default on your file - settled or not - will effect credit applications. Settled defaults are still adverse credit...

The agreement you have with them (or terms in another document that is referred to in the agreement) will allow them to do this though - what you're asking them to do is at their discretion, so if they won't, they won't and you can't make them. The only thing you can do is exactly what you have - tell them about your situation, the reasons it's come around (include the fact you think their charges are part of the problem!) and what you are able to offer comfortably. They don't want to terminate the account, but they don't have to accept reduced payments. If this doesn't work and - depending on your other circumstances - you can't get anywhere with them, you might want to consider involving the CCCS/Citizens Advice Bureau who can help you manage your debt or involve you in a Debt Management Program. (DMP) These shouldn't be entered in to lightly, but at least if the CCCS/CAB are involved they may be more inclined to accept. (I know Barclays can decide not to accept any version of Income/Expense without these being confirmed by such a third party) Your disputes are a separate issue to the account collection, though - they aren't dependant one on another neither. You owe the money, they are entitled to default/terminate and sell the debt on - the fact you're querying it will prevent collection, but bear in mind you may not be entitled to those charges/fees back as you might not win, (unlikely, but anything is possible!) so don't rely on it.

I'm not sure I understand - what are you trying to achieve here? Surely they are doing you a favour in defaulting/terminating the account, as it probably will go to DCA who is more likely to accept a reduced payment offer - thereby making your situation more bearable. Denying the debt exists isn't really an option as you've being paying the account for some time. While conar686's advice might work, I would advise against it unless you have a legitimate concern over the account such as no CCA agreement, etc. Using this to prevent the account being defaulted may backfire on you later, IMHO. Disputing an account because you have concerns over it's enforceability is one thing, but disputing it as a means to prevent collection is another!

Looks like it, but they will be assessing individual claims on their own merits so you may still be stayed anyway...

Suggest you write to them first - if they want a formal application notice, (along with a fee for considering it!) they should write back to you to tell you...

This might help? http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/111211-defaults-background-removal-methods-post1086715.html#post1086715

You need to look at your Local Court though, as any claim is likely to be transferred there anyway - I can't see a Court dealing with a Claim outside of it's Jurisdiction area? (I could be wrong!)

Rang the Court and they were really unhelpful - couldn't tell me why the Order had been made or who requested it as they couldn't "find the file"... Bizarre! Anyway, the Claim is stayed pending settlement - and they will probably apply for the TC stay anyway. I'm sending a plea about both as they haven't contacted me in 2 weeks regarding any settlement and I want to ensure the TC stay isn't applied as I don't want to wait. (I'll keep the details of the application private for now, but I'll happily share with you subscribers once I know the Court's decision on it - I've drafted my own stay objection that I don't want to jeopardise by "making public" without seeing the effect first. The details are specific to my case, but are easily adaptable to others if need be.)

Hi Stuart, Usually, they need to give notice of an application - depending on the Judges' "mood", the Court may ask you for your consent to the stay. If you say no, the hearing should go ahead unless your Court/Judge decides differently. (The Court can stay the claim on it's own initiative - it doesn't need a formal application) Be prepared to argue your case against the stay on the template letter grounds and any specific to you, as per my posts above. Let us know how you get on (in your own thread) when you can. Good luck!

Hi Laiste, I was being sarcastic there, stating how the ICO is currently "working" in my experience - I agree they do more than that, but don't appear to "know" this themselves. It's threads like this that get everyone thinking about the issues at hand and not just blindly accepting the regulators version of events - they can be wrong too...

I'm just thinking, it might be worth including this; Then include the list from the link above showing which Courts are proceeding with Claims - hopefully, this with give the Judge considering your correspondance the balls to stand up against the "more Senior" Judges telling him how to manage his case list, as he will see he isn't the only one doing it! Let us know how you get on either way! Good luck!

Any more info on this? How was the request worded? What arguments were used? Which Court? Interesting...

We shouldn't forget that the Information Commissioners Office is only there to "administer" complaints under the Data Protection Act and to give an "opinion" on the application of the principles. The problem we have here is that their limited remit means they can't "consider" fuller arguments using other law, such as the Consumer Credit Act and the Human Rights Act. Incidentally, I'm discussing this issue further, here; (if you're interested) http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/111211-defaults-background-removal-methods-post1086715.html#post1086715 Ultimately, if you need to argue against continued processing without proper consent (and as long as the Information Commissioners Office continues to hold it's current stance on s.10) you will need to take a claim to Court and pursuade the Judge your argument is right "on the balance of probabilities".

You should send the response to the stay being applied; http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay-updated.html Realisticly, unless you have some specific reason for the stay to be lifted, such as financial difficulties/distress because of it, it probably won't be lifted. Which Court is this? Take a look here; http://www.consumeractiongroup.co.uk/forum/cases-stayed-pending-oft/109936-find-out-here-if.html

Reply from Reston's with a CCA agreement; It seems to be missing the "Statements of customer’s protection and remedies" bit? Have a look at page 16 of the OFT's publication on Cancellable agreements; (Right to cancellation) http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft018.pdf and It isn't... They could apply to the Court for an enforcement order; (page 35 in the OFT link, above) And a copy of the Default Notice - the default notice isn't a "signed true and certified copy of the original default notice", as it has my current address and I didn't live here when it was issued. The notice is dated 9 August 2005, but allows me until 26 July 2005 to remedy the breach - this clearly isn't right... They have also asked me to increase my payments and given until 13/09 to complete an Income and Expense form, or they will "immediately issue legal proceedings" for full recovery. I think my response will be; Querying the validity of the agreement because of the missing terms. They've taken longer than the prescribed statutory period to send me this information, therefore have been in default. The entire basis of the account balance is - at least partially - to be made up of default charges, which I'm about to query with HFC and that an account in dispute shouldn't be pursued anyway until the dispute is resolved. I'll offer to increase my payments to full payments on the account as I'm interested in reducing the balance despite these issues, if they will agree to remove the Default from my credit file. If they don't remove it, I have no incentive to pay more money. Any other thoughts?

rh999, I've made some suggested amendments, (actually, I've been cheeky and massively rewrote it, but I was hoping you wouldn't notice! ) if you don't mind:

Not sure I understand your question - what do you have in mind, or why are you asking it? You need to give permission (consent) to anyone to search, which is done via a contract or application, usually. There are other ways for it to happen without your permission - crime prevention/investigation for example.

I can't see why you'd have to pay the fee of £150.00? Depends what you are claiming for, I suppose. If it's straight forward, take a look at the ICO leaflet on enforcing DPA breaches under the "Part 8 procedure", on page 15 here; http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/taking_a_case_to_court.pdf The more complicated cases are dealt with under Part 7, which is slightly different You might get away with it if you can show "damage" and come up with a monetary amount and commence your claim for that amount, though. (s.13 DPA 1998 - claim damage from increased credit interest rates due to adverse credit incorrectly/unlawfully recorded, for example) That's a dodgy route to take, as your claim may be thrown out - the Court should be able to tell you the best way to do it though.

bobegerton, I think the answer to your query is in the question you've asked! The Courts want to get rid of these claims by applying "mass stays" without even considering the details of each claim on it's merits - this is an absolute disgrace, however, we can do very little about it. You are also assuming that anyone (whether correctly appointed by CPR or not) has any discretion that they can use - the vast majority of arguments against a stay being applied are being totally ignored. When I challenged mine, in open court, along with 7 other claimants present, I was told that the Judge had discretion to apply the order, but was "working on directions from a more Senior Judge" - thereby meaning that he had discretion to apply, but couldn't apply it as someone more Senior than him had told him not to. BTW - there are lots of questions being asked in this thread that aren't being answered. This isn't delibrate, but these questions are better off being posted in your own thread (where we can see details of your whole claim) to make sure you're getting the correct response.

Thanks Painty - thought I was the only one reading this post for a minute there! I too have had 2 removed using these techniques, (Grattan and OnLine Finance) so they seem to work. Just a case of others trying the same and tweaking the content before we can say it's a solid method. Re: your POC for the Default bits - I know you're still waiting on Court action, but are they similar to mine above?

Nothing further from the CCA, 12+ days in now - I've paid this month's payment, next one is due 25th September which is the 12 days + 30 day period so I'm still waiting to see what happens with this one...

Nothing from the CCA, 12+ days in now - I've paid this month's payment, next one is due 25th September which is the 12 days + 30 day period so I'm still waiting to see what happens with this one...

Cobbetts are still "awaiting instructions" from the Bank as to how to progress. The lady said "if it gets beyond the stay period applied, my advice would be just continue with your claim as normal". Bizarre!

I'm not sure I understand this? Are you saying that you haven't issued yet and won't if your local Court is staying claims? Remember that you are losing interest on charges running over the 6 year Statute Barred period if you haven't issued in Court yet!