cheers guys - your help is very much appreciated just one thing.... what's a T and C?

Hi guys...... I've been trying to get my defaults removed but have got stuck! Can anyone help.....??? Here's where I'm up to: LETTER 1 After recently obtaining a copy of my credit file from Experian, Equifax, and Callcredit, I was concerned to note that your company has placed a "Default" notice against an account in my name. Further to this I have no recollection of ever receiving such a notice, and I therefore require you to substantiate this data at your earliest convenience. 1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account. I enclose a £1 cheque in payment of the statutory fee, PO Serial Number 1587 716732. 2. You must supply me with a signed true and certified copy of the original default notice 3. Any deed of assignment if the debt was sold on I would request that this data is provided to myself within the next 28 days, if you are unable to provide this data then I must insist that it is removed from my files as unsubstantiated. ------------------------------------------------------- REPLY 1 Your request for documents contains some misconceptions about your entitlement to information in a specified form and our obligations to supply that information. As you are aware this account was fully repaid on the 27th August 2003, and therefore there is no active agreement between Natwest Creditcards and you with regards the above account. The Customer Credit Act is for active agreements and therefore we are under no obligation to provide you with the requested documents as your obligations to us under the agreement has ended. There is no legal requirement for us to provide you with a ‘signed true and certified copy of the original default notice.’ Notification of ‘default information’ on your card account to Credit Reference Agencies was carried out in accordance with long established procedures. We are satisfied that the default on your account was properly notified to the Credit Reference Agencies. A default notice is not the same as a Default Entry. -------------------------------------------------- LETTER 2 Thank you very much for your letter dated 17 July 2007. You however tell me information that I already know. I have seen my Credit Reference and the notice of 'Default' and then 'Satisfied' next to it. It is the 'Default' notice that I am very concerned about because I have no recollection of ever receiving such a notice. The three questions in the original letter dated 7 July 2007, specifically relate to this point and request you to substantiate this information. Could you therefore answer in full the questions contained in the letter of which I enclose a copy, I also enclose a cheque for £10. It is your duty to comply with my requests under the law, and you are obliged to provide this information under the Data Protection Act. ---------------------------------------------------- REPLY 2 Thankyou for your letter. As advised previously we have responded correctly under the Consumer Credit Act. I can however provide you with details as to why your account was registered with the Credit Reference Agencies as Default. Prior to the registration of your account, you were advised that it is the practice of the Bank to register defaulters. Our systems show that the s87 CCA default notice was issued on 20 August 2002, reference864 with the subsequent demand for full payment on 6 September 2002 reference COL451. The CCA makes express provision (section 176) that a notice if sent by post to your proper address is properly served. If, as you claim, the notices failed to be delivered to you, this does not invalidate our actions in dealing with your breaking the agreement by not making the required payments. These actions included notification to the Credit Reference Agencies. As you are aware, a default notice is not the same as a Default Entry. Your account was passed to an external Debt Collection Agency, Triton Credit Services in May 2003, as you failed to make the required minimum payment, therefore failing to meet your contractual obligations. In accordance with an agreement set up between the British Bankers Assosiation and the Data Protection Registrar, your details will remain registered for a period of 6 years from the original date of registration. This agreement carries full approval of the Office of Fair Trading. I trust the above clarifies matters for you. I have returned your cheque for £10 as it is unclear from your letter what this cheque is intended for. ------------------------------------------------- LETTER 3 Thank you very much for your letter concerning the default notice served on my account. It is now clear that your company’s record of this default notice bears little resemblance to the information that the credit reference agencies hold on my file. Because of these obvious inconsistencies I must insist that the default notice is immediately removed from my file as unsubstantiated. --------------------------------------------------------------- REPLY 3 As previously advised, a Default notice letter is not the same as a Default Entry, and therefore the details of the default notice letter would not resemble the registered Default Entry held with the Credit Reference Agencies (CRAs). Prior to the registration of your account with the CRAs, you were issued with a default notice letter, followed by a termination letter advising you of the overdue position of your credit card account and failure to restore and maintain regular payments to the account would result in a Default Entry being registered with the CRAs. I am satisfied that the information of your account was properly notified to the CRAs and the Default Entry has been registered correctly. If you disagree, you have the right to apply to the court to have inaccurate personal data rectified, blocked, erased, or destroyed. I trust the above clarifies this matter for you. -------------------------------------------- This has taken me since last summer to get this far…. WHAT DO I DO NEXT? HAVE I A CASE FOR THE COUNTY COURT? IS IT TIME TO GIVE UP? All advise greatly appreciated. Steve

Hi guys...... I've been trying to get my defaults removed but have got stuck! Can anyone help.....??? Here's where I'm up to: LETTER 1 After recently obtaining a copy of my credit file from Experian, Equifax, and Callcredit, I was concerned to note that your company has placed a "Default" notice against an account in my name. Further to this I have no recollection of ever receiving such a notice, and I therefore require you to substantiate this data at your earliest convenience. 1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account. I enclose a £1 cheque in payment of the statutory fee, PO Serial Number 1587 716732. 2. You must supply me with a signed true and certified copy of the original default notice 3. Any deed of assignment if the debt was sold on I would request that this data is provided to myself within the next 28 days, if you are unable to provide this data then I must insist that it is removed from my files as unsubstantiated. ------------------------------------------------------- REPLY 1 Your request for documents contains some misconceptions about your entitlement to information in a specified form and our obligations to supply that information. As you are aware this account was fully repaid on the 27th August 2003, and therefore there is no active agreement between Natwest Creditcards and you with regards the above account. The Customer Credit Act is for active agreements and therefore we are under no obligation to provide you with the requested documents as your obligations to us under the agreement has ended. There is no legal requirement for us to provide you with a ‘signed true and certified copy of the original default notice.’ Notification of ‘default information’ on your card account to Credit Reference Agencies was carried out in accordance with long established procedures. We are satisfied that the default on your account was properly notified to the Credit Reference Agencies. A default notice is not the same as a Default Entry. -------------------------------------------------- LETTER 2 Thank you very much for your letter dated 17 July 2007. You however tell me information that I already know. I have seen my Credit Reference and the notice of 'Default' and then 'Satisfied' next to it. It is the 'Default' notice that I am very concerned about because I have no recollection of ever receiving such a notice. The three questions in the original letter dated 7 July 2007, specifically relate to this point and request you to substantiate this information. Could you therefore answer in full the questions contained in the letter of which I enclose a copy, I also enclose a cheque for £10. It is your duty to comply with my requests under the law, and you are obliged to provide this information under the Data Protection Act. ---------------------------------------------------- REPLY 2 Thankyou for your letter. As advised previously we have responded correctly under the Consumer Credit Act. I can however provide you with details as to why your account was registered with the Credit Reference Agencies as Default. Prior to the registration of your account, you were advised that it is the practice of the Bank to register defaulters. Our systems show that the s87 CCA default notice was issued on 20 August 2002, reference864 with the subsequent demand for full payment on 6 September 2002 reference COL451. The CCA makes express provision (section 176) that a notice if sent by post to your proper address is properly served. If, as you claim, the notices failed to be delivered to you, this does not invalidate our actions in dealing with your breaking the agreement by not making the required payments. These actions included notification to the Credit Reference Agencies. As you are aware, a default notice is not the same as a Default Entry. Your account was passed to an external Debt Collection Agency, Triton Credit Services in May 2003, as you failed to make the required minimum payment, therefore failing to meet your contractual obligations. In accordance with an agreement set up between the British Bankers Assosiation and the Data Protection Registrar, your details will remain registered for a period of 6 years from the original date of registration. This agreement carries full approval of the Office of Fair Trading. I trust the above clarifies matters for you. I have returned your cheque for £10 as it is unclear from your letter what this cheque is intended for. ------------------------------------------------- LETTER 3 Thank you very much for your letter concerning the default notice served on my account. It is now clear that your company’s record of this default notice bears little resemblance to the information that the credit reference agencies hold on my file. Because of these obvious inconsistencies I must insist that the default notice is immediately removed from my file as unsubstantiated. --------------------------------------------------------------- REPLY 3 As previously advised, a Default notice letter is not the same as a Default Entry, and therefore the details of the default notice letter would not resemble the registered Default Entry held with the Credit Reference Agencies (CRAs). Prior to the registration of your account with the CRAs, you were issued with a default notice letter, followed by a termination letter advising you of the overdue position of your credit card account and failure to restore and maintain regular payments to the account would result in a Default Entry being registered with the CRAs. I am satisfied that the information of your account was properly notified to the CRAs and the Default Entry has been registered correctly. If you disagree, you have the right to apply to the court to have inaccurate personal data rectified, blocked, erased, or destroyed. I trust the above clarifies this matter for you. -------------------------------------------- This has taken me since last summer to get this far…. WHAT DO I DO NEXT? HAVE I A CASE FOR THE COUNTY COURT? IS IT TIME TO GIVE UP? All advise greatly appreciated. Steve