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emmsielu

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  1. Is this new information since the websites helping people to attempt to remove default notices have been started? As most are saying the initial request is to ask for the correct, original paperwork, as standards were tightened after 2005, and you may be able to argue that they need to show original documentation to prove the default. Is this not right? I'm confused by all the different information out there. Also, what about my request for the original credit agreement - do they not have to comply with this? One more question, I've noticed my Egg default says that the default balance was £0 - can they default you on £0?
  2. I have one default from Egg due to expire this December (they haven't written back yet), on from GE Money due to expire in July 09, the RBOS loan is november 2009 and the RBOS bank account is December 2009. I called RBOS a couple of weeks ago to query the outstanding amount on my credit file as being in default but not satisfied and closed, and they said they would mark it as satisifed. They even seemed to know about AIC. This recent letter stating that they can't send me the information I requested as the account is settled by way of full and final repayment seems to indicate they have marked it settled (I ahven't checked my credit files again yet) Although I don't understand why they said they did not sell the debt on, if AIC were dealing with it??? So, do they really not have to supply me with my original credit agreement, or default notice? GE MOney wrote back and just said the account was satisified so they couldn't send me the information requested. No mention of the default. AIC have sent me a letter which confirms the payment an no more money will be sought. (Albeit almost a year and a half after I paid and had to chase them to send it)
  3. Hi there, Wondering if anyone can help me... I got into some bad debt at University, had very low paying temp jobs after uni, and ended up contacting a debt agency - Harrington Brooks - to act on my behalf with all of the credit reference agencies. They were great in sorting everything out for me, and everything was paid off last year. I got my credit files from all three agencies recently and have 4 defaults still outstanding which last until this December, one next July, next November and December. I'd like to try and remove these as soon as posible really, so wrote to all concerened last week (GE Money, RBOS(x2) and Egg). GE money wrote back first and said that because "this default has been satisfied and as there is no balance due or required in the future, we are no longer obliged to provide you with the information requested in accordance with the consumer credit act 1974." Is this true? Since my default will remain until next July, this means they are still holding and procesing information about me. Does this not mean I can see this information? The letter temaplate I used was from learnmoney.co.uk which used this: 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. 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. The letter I received back from RBOS, concerns a student bank account I had, (an overdraft) and a loan I took out with them. What seems unfair really, is that they have deaulted both separately on different dates, even though they were both being dealt with by my debt management company. The letter stated that they consider the notice was "served in accordance with the requirements of [s176(2)] of the CCA." and therefore was registered correctly. I've read quite a bit about banks saying this, but can find nothing to say if this is true or not? They say the letter was system generated and they cannot supply a copy of the original default notice. Incidentally, the default was sent to an address I wasn't living at, at the time, and considering the debt management company were dealing with my creditors, and had my correct address, shouldn't they have known my correct address? They then also say that as the account has "been settled by way of full and final repayment, there is no longer any requirement for the Bank to comply with this request" (for a copy of my credit agreement). They also advise that there was no deed of assignment, as they did not assign my debt. Both of these statement are untrue, as Allied International Credit contacted me almost two years ago and agreed to settle for half the amount that was left. Which means the debt was assigned, and is not repayed in full, just that they won't ask for the rest of the money. Also, my credit report showed that the default had not been satisfied, and was still owing the remainder. Again, if they are still using my data, should I not be allowed to see it? Does anyone know where I stand on this? Any help would be greatly appreciated. I know that I should be able to write back and query both of these letters, but I don't know the law well enough to know if what they are saying is completely true? Thanks
  4. Sorry this post is so long after the last one, but I've just got exactly the same letter from RBOS. Just wondering what advice anyone has, or pete - if you managed to resolve this? They also say that the automatic, system logged default was sent to an address I wasn't living at, at the time they sent it (so I really didn't ever get the letter), although can they dispute this as I obviously didn't give them my new address? The reason I hadn't supplied them with a new address was that I was dealing with all creditors through Harrington Brooks, who I thought would supply the creditors with all relevant information. They also have stated that there is no 'deed of assignment' as they didn't assign my debt to another party, although I settled this debt with Allied International Credit, which RBOS are aware of, as I called them last week to enquire why one of my defaults from them wasn't marked as settled on my credit file even though I'd paid. They said they would amend it to show it as paid. The letter does say that "the account has been settled by way of full and final payment", which also isn't true as my letter related to both an account I held with them (overdraft was defaulted) and a loan, and the loan was settled with Allied International for only half the amount. The remaining balance still shows on my credit file. I also wrote the same letter to GE Money who replied with "this default has been satisfied and as there is no balance due or required in the future, we are no longer obliged to provide you with the information requested in accordance with the consumer credit act 1974." Does anyone know where we stand on this? ANy help would be greatly appreciated. thanks
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