Just rang OLF re the letter I sent them... (link in the post above - my OLF charge reclaim thread) Thought I wasn't going to get anywhere initially, as they stuck to their version of events over the charges still claiming they hadn't been paid - I then spoke to someone more senior and we've agreed in principle that the claim will be withdrawn if the default they've registered is removed. I'm happy with this, if they stick to their word, (I already have the Consent Order draft in my email!) as I wasn't interested in pursuing the charge reclaim but the default was causing me a headache. Of course it's a "goodwill gesture" to remove it, after me challenging it under the Data Protection Act/CCA in this thread. Interestingly, they seemed more concerned with the ICO/FLA/FOS complaints than they did with the Court claim though? I'm not bothered either way... SUCCESS!

Just rang as per your advice Steven... Thought I wasn't going to get anywhere initially, as they stuck to their version of events over these charges still claiming they hadn't been paid - I then spoke to someone more senior and we've agreed in principle that the claim will be withdrawn if the default they've registered is removed. I'm happy with this, if they stick to their word, (I already have the Consent Order draft in my email!) as I wasn't interested in pursuing the charge reclaim but the default was causing me a headache. Of course it's a "goodwill gesture" to remove it, after me challenging it under the Data Protection Act/CCA in my other thread; http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/99772-car2403-line-finance-ltd.html SUCCESS!

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...

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...

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...

No reply to my letter. I'm thinking of sending payment to settle these debts, with a cover note stating what my terms are and saying "if you cash these cheques in settlement, I will assume that you are agreeing to my default removal terms and look forward to hearing from you in confirmation of such removal within 14 days of the accounts being settled". Any thoughts on this, or how to move on?

Still nothing from either party regarding this mis-applied stay

No reply to prelim approach, LBA on the way today

Hi Jez, This is all down to how you feel personally about the issue - if you have an offer that you want to accept, no one is going to tell you not to in order to "fight the crusade" here. It's your claim - yes, we can advise/assist, but ultimately it's your call as to how to continue. I'll quote Martin from MSE - don't get sucked in to the challenge! Think about how this effects you, financially, mentally and emotionally and weigh up if you want to continue. If you don't, that's fine, no one will think any less of you - in fact, well done for even getting this far as you must have faced some challenges along the way already. If you do, that's fine as well - but don't do it for the wrong reasons. Make sure you know what's instore and be prepared for more challenges along the way. For me, an offer of £1k on a £4k claim just isn't worth it. If I was in your position, I would probably accept what you have now - remember, there is always a chance that "we" may lose on the test case outcome! On the other hand, the TC is all about "laws" that have been around for over 200 years - all of a sudden these "laws" aren't "good laws"? I don't think so! How can they overturn 200 years of precedent without putting the whole of society in general in strife? It's highly unlikely, in my opinion - but not impossible. Hope this helps... P.S. Have you started your own thread, as this post best fits there? (Sorry to HiJack, ICY!)

Just take the letter with you, for what it will be worth - if you post/fax it now the Judge won't see it as most County Courts work on a 5 day turnaround for paperwork. (Which is probably the reason they just want to stay all these claims!) The Courts have been accepting these "informal" applications on the basis that you've had notice of the Banks' intention to file an application - which is usually heard on your scheduled hearing date, if not stayed beforehand. Be prepared with the standard response to stay application and any specific circumstances you have to argue against the stay, (financial distress, hearing date already booked in, Defendant's litigation style, etc) but it probably will still be stayed, sadly. Looks like this is one Court that is bucking the trend! If you don't have a hearing date, just sit tight and see what response the Court gets - hopefully none and you should win by default if all goes to plan. Again, be prepared to respond to a stay request, as they probably will turn up for the hearing date.

Nothing from either of the DCA's yet, but I have received a "request for more information" from HFC regarding the SAR - it's a stalling tactic, as they want account numbers and previous addresses that they've already been given and a photocopy of my Driving License. I've sent off what they want, but their 40-day timeframes started when they received my request and payment so we'll have to see what happens.

If the stay hasn't been applied as the result of, or during a hearing you WILL have a limited number of days to challenge the stay - this shouldn't attract a fee, as you aren't making an application regarding an order, but you are challenging the decision itself; If you wait until after this time, you will have to pay the fee as you're effectively requesting the Court to make another order to review the stay order.

In the OFT's document called "Cancellable agreements", (http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft018.pdf) under "Form and content of cancellable agreements"/"Signatures", it states;

Hi TheEnglishMan That is a question that isn't answered easily, I'm afraid! If it's just payment history they are reporting, they will claim they have a contractual right to disclose the facts - which includes the fact that your account was in arrears, regardless of the legal basis for it being in arrears. This is notoriously information that is difficult to challenge/remove, as their Consumer Credit License will "require" them to share/disclose factual information in this way. As for the Default, try reading this; http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/111211-defaults-background-removal-methods.html I'm in the same place with Barclays; (overdraft due to illegally applied fees/charges, default registered as a result) http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/110184-car2403-barclays-bank-default.html#post1072580

Hi everyone, I'm working on a thread that may be of interest to you? Or, hopefully you'll some more input for me!; http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/111211-defaults-background-removal-methods.html Maybelline, I think this can only be used in very limited situations - creditors that have pursued you outside of their legal obligations, such as harassment or causing you distress, etc. I haven't seen this used, though, so only IMHO.

Just an update, received the standard letter from the FSO regarding the OFT TC and the fact they aren't dealing with my case until the outcome is known. Ho hum...

You are probably legally right in that they shouldn't be defaulting customers who are in your position - but that doesn't mean they can't and you'll have to fight them to clear your name. You're in the same position I am in with Barclays - defaulted for illegal charges that have been added, claimed the charges back but should have included the default issue in your claim and get this sorted all in one shot. I have taken the step of challenging Barclays over the account under the Consumer Credit Act - looks like you haven't done that yet? http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/110184-car2403-barclays-bank-default.html The template letters you'll need for this are found here; http://www.consumeractiongroup.co.uk/forum/legalities/11659-how-get-your-default.html[url=http://www.consumeractiongroup.co.uk/forum/legalities/11659-how-get-your-default.html][/url] If this goes all the way, without them budging, you will have to take them to Court to get this sorted - I've explained all this in the link, here; http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/111211-defaults-background-removal-methods.html Sorry it's lots of reading, but you'll find your answers in these links. Post back if you need more help. Good luck!

A CPR 23 Order is any application for an order from the Court - in these circumstances, (ie. your order, as they vary wildly from one to another!) either party can apply to the Court to have the stay lifted, for whatever reason. I think the only way you can get the stay lifted is if you can prove you are suffering "financial hardship" as a result of the stay - which is confirmed in the OFT's agreement with the Banks. The fee for making the application is £35 - if you don't require a hearing. The Court can order a hearing to hear the application, which will cost £65 in total. (£35 for an application without a hearing, £65 for an application with a hearing)

Response from Lewis; And here's the agreement they've included; Point 9, where the signature has been blocked out reads; Now, at first glance all seems to be covered - but, I can't see any date next to the signature and the "Signed for and on behalf of GE Capital Bank Limited" signature box also doesn't have a date. There is a date/time next to the "Application for an additional card" box, but this isn't signed and clearly relates to that box and not the entire agreement, IMHO. Could this mean that the agreement wasn't properly executed?; They also haven't sent a copy of the Default Notice. I think I'll wait for the statement of account to come through before writing to them to tell them my opinion on this?

This is bizarre - I've received this from the Court today; I think this may be a mistake, but hopefully OLF will think about this carefully and take me up on my offer!

Congratulations on getting this far Jan! You now need to box them in on the agreement you've came to, to make sure they stick to their side of it. Don't forget to fill the survey in (link at the top of each forum page) once they've settled...

S.69 interest can only be enforced by a Court, but you can use it in your negotiations if you want to - you are entitled to it, but it depends how much you want to settle for their offer or continue and risk losing.

I'm sending this off today;

I'm trying to resolve this as part of my other thread with OLF regarding default charges; (which don't seem to "exist", apparently!) http://www.consumeractiongroup.co.uk/forum/other-institutions/98728-car2403-line-finance-ltd.html#post1092814

Thank you! I'll send this off today and see if I can rattle their cage a bit...