I'm giving it a go.

I'm not actually looking for them to write to me with the statements, offers, refusals, etc. I want them to write back to the original person so they can see what's happening with the claim. They then pass the letters on to me to carry on with it.

Ian

One of my OH's colleagues wants me to do their claim, the only problem is when i write a letter, I have to make sure I get it to them, get them to sign it and get it in the post by whatever date I have written on the letter.

What I need to know is, if banks can PP a letter to me, can I write a letter to them, with the claimants details and address, then just have me PP it on their behalf and then the bank can respond to the claimants address and not mine.

Would save me a lot of hassle and make me more willing to help friends out.

Ian

Got the statements through and now writing my preliminary letter. Already claimed over £2,000 from HSBC and now it's time to attack Barclays.

Here's my preliminary letter. I'm charging Barclays interest from the start at 27.5% annually, which is their unauthorised borrowing rate and I class these charges as unauthorised borrowing from me.

I have also added a clause to add compensation to me for my inconvenience in fighting these claims at £5.00 per letter I have to write which covers, but not limited to, paper, ink, postage, envelope, research, time and travel costs.

Dear Sirs

 

Over the past six years, you have charged me for Paid Referrals, Unpaid Outs and Unauthorised Overdraft Fees. It has come to my attention that this is unlawful at common law, and under statute and recent consumer regulations.

 

In the terms of the contract which you agreed to at the time I opened my account, it is implied that you will conduct yourselves in a manner which complies with UK law.

 

I require full repayment of these charges, which I calculate at £2010.00 plus interest of £1,179.34. The total is £3,189.34. I am charging interest at YOUR unauthorised borrowing rate of 27.5% EAR, as these charges were “borrowed” from my account without my authorisation. I have included a breakdown of charges.

 

I also ask you to remove any default notices on my credit record that are related to these charges. A correction or amendment to the entries is not acceptable.

 

If you do not comply fully within 14 days, I shall begin a claim against you for the full amount, plus interest and costs, plus a claim under ss.7 and 13 of the Data Protection Act 1998 without further notice.

 

Furthermore, I shall submit to the OFT a complaint under the Consumer Credit Act 1974 upon the basis that you have failed to comply with their direction of 5 April 2006 and are therefore not ‘fit and proper’ to hold a consumer credit license under the 1974 Act.

 

From this letter onwards, I will also be adding £5.00 for every letter I have to send, this is to cover my inconvenience and paper, ink, postage, envelope, research, time and travel costs.

 

Yours faithfully

Any thoughts?

I know what you mean, I looked at the templates and to be honest, I didn't understand them, so I thought if I wrote one that I understand the meaning of then the companies will know that I know what I'm wanting and so maybe do what it says.

Cheers for the reply Rosie.

Wescot ones are for 2x HFC loans that I got, 1 for a PC and I can't remember what the other was!

The HSBC went to Metropolitan DCA, which I never defaulted on, the default from HSBC is when I didn't pay the original debt back.

I think that defaults on a credit file are a good thing, but I think that 6 yrs is too long. 3 or 4 yrs would be best I think.

As you can see, apart from the stupid O2 account, everything else happened when I was going through a load of money and home difficulties back in 2002 and they've all been sorted out and paid up in full.

T-Mobile have admitted that I don't owe them anything and it should have been stated as settled long ago. I'm going to try and get them to remove it as a form of "compensation".

Just putting a letter together to send to Experian to challenge the 6 defaults on my account. How does this sound...

Dear Sirs

 

It has come to my attention that the information you hold on record for me is outdated.

 

I gave permission to the companies on my Credit File to pass data to be held and processed by third parties, namely you. This permission, however, ended when my contract with that company ended.

 

I therefore ask you to state under which law, statue or act you are performing the following actions with my data that is not Public Domain.

• Processing of in a manual or automated manner.
  
• Passing of information onto fourth parties in a manual or automated manner.

Yours faithfully

 

 

My Name

Address

Any news Louize?

Here's the response from the first letter...

Capital One : No Response

HSBC : 02-11-06 : Said debt was passed on so take it up with them.

O2 : 30-10-06 : Sent my final bill, can't send anything else as it was by email

T-Mobile : 31-10-06 : Don't need to send a default as the CCA doesn't apply to them

Wescot 001/2 : 27-10-06 : Said that the accounts are settled - Will only supply to on-going accounts.

It has now been 30 days since the first letter was sent out, therefore, I'll be writing to them saying they are in breach of the CCA and in fact commiting a criminal offense by not supplying the requested information within the 30 days I gave them.

Capital One: Well, their silence says it all!

HSBC: They are the ones who applied the default to my credit file, so they are the ones who have the authority to remove it.

O2: I'll pay the bill if they remove the default notice, and I want it in writing.

T-Mobile: Not really sure where to go with this one.

Wescot: Is that so? We'll see if you still say that when the court summons comes through your letterbox.

I have 6 defaults on my Credit File, they are:

[b]
Company         Amount    Default Date    Balance[/b]
Capital One       416       09-05-02      Settled
HSBC             2999       26-11-02      Settled
O2                104       08-09-04       104.00
T-Mobile          132       10-05-02       102.00
Wescot 001        545       29-10-02      Settled
Wescot 002       1246       26-09-02      Settled

I wrote to all the companies on Weds 25 Oct '06 and basically stated that I was concerned about the defaults on my credit file as I don't recall receiving the notices.

WOOHOO!!!

I got a letter from DGS this morning saying they will pay all £2,096.28 I am claiming for, but...

They say my account is arrears, so the money will be paid into that to cover the debt.

Are DGS & HSBC stupid or something?!? I haven't had an account with HSBC for over 4 yrs. All my overdraft was paid up and I owe them nothing.

Looks like my return letter to them tomorrow is gonna have a few ammendment on it - payment by cheque only, no I will not agree to your request for my silence and does Julie Kyle really work at DGS - is she even real???

Anyways, looks like CAG will be getting my donation sooner rather than later

Just phoned them and apparently she does still work there and is out on lunch - don't know how true that is until she returns my call...

Debbie Daughby took my call.

Just had my call returned from a Mark Hansen [?] and he said that Julie had left the company - I was going to ask why I received a letter from her then. But he said that they had sent out a settlement letter to me.

Cheers Plonker

I've just spent the last 2 days trying to call her to make sure she received the fax I sent of my breakdown of charges.

I shall now call them on the other line and ask why they are sending out letters from her if she no longer works there!

Ian

I was more meaning that if they say they are banning smoking during work hours because of MY health, then if they are allowed to do that, then they could also stop me from eating fatty or sugary foods during working hours.

I know it's a bit far off, but once 1 thing go through, then everything else follows suit.

OKay, so with smoking being a health risk and employers banning it, should they also ban...

Chocolate & sugary snacks as they can cause diabetes

or

Fatty foods because of clogged arteries leading to possible heart failure

I like the Yankie idea.

If you black out the signature strip on your card, then the cashier asks for photo idea. I don't know if this is "law" or just a polite thing that shops do off their own back to help protect the consumer.

Ian

Probably a dumb answer, but...

Could you not just state that you didn't request that service?

Nice link Gizmo!

I sent a S.A.R - (Subject Access Request) to HSBC requesting all the statements from date of opening account - roughly Jul 88 - to Jan 03 and they just sent me all statements from the past 6 yrs - again!

This was my letter...

It has come to my attention, from an HSBC employee, that you do keep all copies of charges applied to my account since I originally opened it. I would be most grateful if you could send me a comprehensive list of all the charges that you have made to my account from the date of opening to January 2003 inclusive. Each charge should be listed showing the date and amount of each charge, and a description of what it was for. I make this request using my rights under the Data Protection Act and expect your response within 40 days.

 

If your company still insists that records are destroyed after 6 years. Please can you send the proof of authorisation containing my account number for the records to be discarded.

 

I understand that my account is now closed with HSBC, but this information should still be available.

With risk of getting flamed, I'd agree with the "Get Real" phrase.

Money makes the world go around, and if people are too lazy to search the Internet for information and are willing to pay for the info, then let them.

I used to sell links to websites so people could listen in to emergency radio scanners, the information is easily obtainable - on the first page of Google results, but people would be paying me £1.99 for 5 different links.

They knew what they were getting and they were happy with it.

Surely there's a clause in that bloody Human Rights thingamebob that says we as a people are allowed to smoke and if you don't like it then you can lump it.

I, personally, would only do this after I have received a cheque from the bank for the full settlement.

But... And it's a big but. You haven't proved that the charges are unlawful and that the banks were not entitled to them. When the bank makes a settlement, the state quite clearly that they are not accepting guilt in anyway, merely saving money by not going to court.

2 links are:

Quidity - About Quidity & trade;

cashplus prepaid MasterCard: Introducing the cashplus prepaid Mastercard

Look at the fees they charge you. There's an article on BBC Radio 4's Money Box web site

BBC NEWS | Programmes | Moneybox | Pre-pay: An expensive way to spend?

Ian

Has anyone paid a company to remove their default notices?

I got an information pack through today, which I requested, from a company that says it can for £125 - now on special at £75 with a money back guarantee

A full refund is offered to those customers who have used our service and are still being refused credit

I have 6 defaults

HSBC        Satisfied - Defaulted on 26-11-02
O2          Satisfied - Defaulted on 08-09-04
Wescot      Satisfied - Defaulted on 29-10-02
Wescot      Satisfied - Defaulted on 26-09-02
T-Mobile    Satisfied - Defaulted on 10-05-02
Capital One Satisfied - Defaulted on 09-05-02

Will they be able to remove all of these? I know that 5 of the 6 will be gone in just over 2 yrs, but I'm getting married in 18 months and need to apply for a mortgage then - which, as I stand, isn't going to happen. But if £75 is gonna make it all better, then it's £75 well spent.

I wrote to them all with the template letter and...

O2 & T-mobile say that they are not bound by the CCA - End Of.

Wescot say that they don't deal with finished accounts

HSBC & CapOne haven't replied yet.

Thanks

Ian

When I insured my car, I basically halved the value of it to try and save me some dosh.

If it did get stolen, or I trashed it, would Admiral pay out the going rate of the car, or however much I valued it at?

My first car was a Renault 5 I got for £200 and when I crashed that, they valued it at £575 and paid out that minus the excess. Do they all work like that.

Bear in mind, we not all Car sales people

I'll tell him to dispute the account.

Cheers for that

He is in the process of claiming for charges now.