CC Agencies are a part of Egg/Citi. Its an internal collection department so they aren't passing details on. Probably just a different desk in the same office.

I SARd egg last year asking for everything but specifically mentioning key documents, including PPI application and PPI credit agreement. I received nothing that I can see proves I actually asked for PPI. I recently wrote to egg asking for a refund of CRP premiums and interest, stating the following reasons why I believe it to be mis-sold: 1. I don't recall asking for it; and 2. My employment status would not have facilitated a payout- I was a student and although I was employed part time, I was not guaranteed any hours, thus I could potentially work 12 hours one week, 4 the next, and none the folowing. Egg have replied stating the following: Our online sales process: Does not require you to take rpi as a condition of obtaining the credit card. Does not provide an advisory service. Required you to positively confirm that you wished to purchase this policy during the online application. Provided full terms and conditions of the policy and requested you read them before submitting. Therefore they are not upholding my complaint and consider it closed. Yadda yadda. Do egg usually fob people off, or have they actually looked into things? By some miracle, I have my original documentation from when I applied. When I was sent the card agreement to sign, I also received a set of T&Cs for the PPI, but nothing to sign. The interesting points from this are: Eligibility You can take out this policy if at the start date you are: ... actively at Work and have been working continuously for the 6 months immediately prior to the start date ... Definitions Work means a continuous period of permanent gainful employment (either full time or part time) You must also pay the correct National Insurance contributions. What is not covered- Unemployment You are not covered if you become unemployed: because your work is seasonal, casual, temporary or occasional I can now amend my complaint to additionally say that my employment was seasonal as I only worked during university term time, and I only started my job 4 months before I applied for the card. To recap, I don't recall asking for CRP and Egg have provided no proof; I was employed for only 4 months before the CRP began; My employment was seasonal; My employment could probably be described as casual (zero hour, no guaranteed hours). Should I go back to egg with additional evidence, as they have stated in their letter? Or am I best to go to the FOS?

oh dear! letter back from santander saying they aren't refunding the other fees as they are over six years old. this is despite the fact that the refunded overlimit fees are from 2002-3 which is... 7-8 years ago! one more letter to send pointing out this fact and that the fos will investigate complaints "six years from the event the consumer is complaining about (or – if later – three years from when they knew, or could reasonably have known, they had cause to complain)", and that i am confident they will investigate, charging santander £500 for the privilege, which is more than what i'm asking to be refunded.

wow! never heard of it happening before. i don't suppose you can quote case law?

if the right to report isn't transferred with ownership of the account, then why have the ico or courts never ruled on this? i'm afraid to say there is nothing speedy with the cras. despite sending proof that two defaults are for the same account, they still insist on contacting the oc and dca, and only if there isn't a response within 28 days or the oc or dca confirms it is a duplicate will they remove one of them. the ico are far too slow. 10 months after lodging my complaint, it still hasn't been assigned to a caseworker.

buzby, if this is the case, then how do some dcas enter a second concurrent default? lowell did this with me for two accounts while the oc defaults were already on file. dcas have the power to remove, they just choose to be very very difficult. i believe when the account is sold to a dca under property law, the right to make crf entries is also inherited.

i'm afraid they can withdraw the od at any time they feel. your only real recourse is the fact that they sign up to the banking code, and your t&cs probably states something like: We can require you to repay your overdraft at any time. As long as you have not exceeded your overdraft limit, we will, wherever possible, give you 30 days' prior notice (see cahoot current account condition 7.2). they've breached their own terms. the banking code paragraph 13.2 states: If we offer you an overdraft, or an increase in your existing overdraft limit, we will tell you if your overdraft is repayable on demand (in other words, if you have to immediately pay back any amounts you owe when we ask you to). the banking code paragraph 6.4 in relation to changes to terms and conditions states that: If the change is to your disadvantage, we will tell you about it personally at least 30 days before we make the change. At any time up to 60 days from the date of the notice you may, without notice, switch your account or close it without having to pay any extra charges or any interest for doing this. in other words, if your account t&cs have been changed to your detriment, ie withdrawing the time to repay the od on demand, they should've given you 30 days notice. i would contact abbey stating these paragraphs, and make it clear that you opened the account on the strength of the t&cs and the fact that they subscribe to the banking code. if they don't rectify the problem then complain to the fos.

i'm afraid they can withdraw the od at any time they feel. your only real recourse is the fact that they sign up to the banking code, and your t&cs probably states something like: We can require you to repay your overdraft at any time. As long as you have not exceeded your overdraft limit, we will, wherever possible, give you 30 days' prior notice (see cahoot current account condition 7.2). they've breached their own terms. the banking code paragraph 13.2 states: If we offer you an overdraft, or an increase in your existing overdraft limit, we will tell you if your overdraft is repayable on demand (in other words, if you have to immediately pay back any amounts you owe when we ask you to). the banking code paragraph 6.4 in relation to changes to terms and conditions states that: If the change is to your disadvantage, we will tell you about it personally at least 30 days before we make the change. At any time up to 60 days from the date of the notice you may, without notice, switch your account or close it without having to pay any extra charges or any interest for doing this. in other words, if your account t&cs have been changed to your detriment, ie withdrawing the time to repay the od on demand, they should've given you 30 days notice. i would contact abbey stating these paragraphs, and make it clear that you opened the account on the strength of the t&cs and the fact that they subscribe to the banking code. if they don't rectify the problem then complain to the fos.

Rodders, keep at Lowell. I did and they closed the account AND removed the default from my CRFs.

wazir, the account will just have been passed to this CC lot for them to do the chasing. it hasn't necessarily been defaulted or sold on.

good luck! i'm afraid that if the creditor isn't satisfied with your payment level under the ap then they are entitled to default. believe it or not, you may suffer less with the defaults depending on how long it will take you to pay off the accounts.

i'd love to see what the judge would make of my egg account. my signed credit agreement says approved and individual limit, but a covering letter says my credit limit! how can they possibly argue against that?

they have a duty to ensure you are who you say you are BUT if they have been sending correspondence to you prior to this, and your address etc haven't changed, then i fail to see how they can't deal with you without a signature. capital one seem to have a habit of doing this. i've sent three cca and two sar requests without signatures and they won't budge. i've complained to the ico but 8 months on, they still haven't even assigned it to a case worker!!

no you don't! have you changed address recently?

are you saying it isn't your account?

this is the thing. its totally wrong. its something i intend to press parliament about.

hiro, they can't add interest! and yes if you pay them off they will show as settled defaults, in other words its still a default. but they will drop off 6 years after the default date, ie 2013. if you're going to pay them off then may i suggest you offer payment only in return for the defaults being completely removed.

no danger i'll be asking for it to be marked setled, its no default or nothing!

Got an old Capital One account that is now owned by RW. The balance is under £200 and was defaulted for a little over £400 back in November 2006. Have played letter ping pong for a while regarding the account- unenforceable agreement, invalid default etc. In May I invited the Managing Director to take me to court for the monies they claim to be owed. Funnily enough, I've no heard a chirp from them since then. Now the default is a big issue for me. I have a couple of others that drop off by mid 2011, although that won't stop me doing what I can to prove they were unlawful! This RW one will only drop off in November 2012. I desperately want to get it wiped by the time the other two are off. RW way are refusing to remove the default, claiming its was originally put on by Cap One, therefore it must be accurate. Cap One haven't even responded to my SAR other than to say my signature doesn't match. I complained to the ICO in February about Cap One and not complying with my SAR, and my complaint is still waiting to be allocated to an appropriate ICO bod. So I put it to the good caggers as to my next step. Do I..? a) continue letter ping pong? b) offer to pay the outstanding balance on the condition the default is removed? c) initiate legal proceedings?

get back to lowell and hit them with the invalid default notice. tell them that if they don't remove the default you'll complain to the ico and are prepared to take them to court.

hiro, the defaults will still drop off in 2013 even if you pay them off in January next year. trust me, i have settled several accounts a few years after they defaulted and they drop off 6 years after the default date. hopefully you and the god lady will have a mortgage come 2013!

i'd hold off til december, when you've paid your dues under the td, and then go for the refund so that you don't lose the refund to your creditors. and don't use any company. you can do it yourself. good luck!

why are you claiming for damages? you'd have a hard time proving that the bank's non-compliance has caused you hurt.

and ignore your credit score from the cra. load of nonsense.

unfortunately the account will show on your file until 2012, as it is the 6 year industry standard. its obscene to think that as someone who was responsible to continue making payments you could suffer longer than someone who made no arrangement, ie you would effectively be better off having defaulted in 2002. i think you'll have to contact halifax and ask them to be removed as it is hampering your ability to obtain credit. if they refuse then slog it out down the ico route or if you need it resolved quicker, go to court. i'd maybe think of another route depending on your circumstances. were there any unlawful charges on the account, mis-sold ppi? if so, write to halifax for a full refund. tell them you are prepared to withdraw your refund request if and only if they remove the negative data from your crf. it might work.