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Everything posted by ncf355

  1. First class, I'm sorry but you are wrong I have a 'first class' credit and a Lloyds club Lloyds account, yet FGW regularly turns down my card on a WSM to Bristol trip (obviously I no longer try...) This is down to their shoddy system, purely and simply As an example I can use the same card on Easyjet 30000 feet in the air without a problem The cynic in me would say they deliberately want people to fail so they can pull the stunt they have on the OP!
  2. I have to disagree with silverfox here If they cannot provide a copy of the original credit agreement, the debt is unenforceable at law As such, via the judgement made in Grace v black horse, they may not report the Default to the CRA whilst the debt remains unenforceable Furthermore, it sounds to me as if there is some ambiguity regards the date the Default commenced Ordinarily this would be 6 month after the last full payment was made
  3. I have recently had the same issue with these lovely people with both mine and my wife's CRA files I wrote to them stating the dates the original creditor put the account in default and demanded that they removed all entries relating to the account, after a few 'we're investigating' type letters, they removed it. Note of caution :just in case, put a heading of "I DO NOT ACKNOWLEDGE ANY DEBT TO YOU OR ANY RELATED THIRD PARTY" Also when asking for the removal, refer to it as an account, not a debt Hope that helps
  4. Hi For us to try and help, we'll need some more The credit file only really tells us when the creditor believes you reached default When did you stop paying each account (year and month)? You can normally expect the creditor to default the account by no later than 6 months after the date you either stopped paying altogether, or failed to maintain the minimum contractual payment Then the Default would be removed 6 years after this date
  5. Hi Yes, someone else can take you to court if they have legal assignment from Santander (e.g they bought the debt from Santander) However, there are a number of issues : Have you been served with a default notice from either Santander or the debt purchaser? Have you obtained or did you already have a copy of the loan agreement?
  6. I'd be inclined to keep the plan of attack simple If they are saying they cant supply the loan agreement they are utterly screwed and you have a damn good case for damages In fact, I'd be writing to them quoting the case (Grace v Black Horse) and demanding that they A) Remove the default immediately B) Pay you damages in line to those awarded to Durkin v DSG Retail Ltd (PC World) where he received 8K + interest for mere 'injury to credit' without proof of actual loss (the separate claims for actual loss were disallowed)
  7. Sorry Colin but that's not entirely correct Recent case law in the COA means if they don't have an enforceable agreement they need to remove the Default or face action for damages Lack of any signed agreement (particularly if the agreement was signed Pre April 2007)would give rise to such a claim See Grace v Black Horse
  8. Sorry, apologies to DUTMEB, I missed the line where he said he had made a recent CCA request to Lowell as well as Capital One In that case, absolutely - sit tight!
  9. Hmm Thing is, if they were stupid enough to go for court, costs wise (even if they lost) they could argue if DUTMEB had informed them of the issue with the CCA in the first place, they wouldn't have issued a claim. It's been shown many times that Judges like to see people keeping communications open rather than just ignoring such things Obviously there is a limit, and if they just keep repeating themselves you write a letter stating you have made your position clear and will not communicate further, save responding to any legal action they unwisely take.
  10. I would write informing them that you made a CCA request to Capital One and that the response clearly showed that the agreement failed to meet the prescribed terms of the CCA 1974 and that you therefore consider their claims of court action etc to be invalid and threatening without the legally compliant paperwork. Dear Sir/Madam, I DO NOT ACKNOWLEDGE ANY DEBT TO YOU OR A RELATED THIRD PARTY Capital One Account XXXX XXXX XXXX XXXX Lowell Reference: XXXXXXXXXXXXXX I refer to the above and your recent communications in relation to the same. I would advise that a statutory request for information has previously been made to Capital One in 2009, where there response clearly showed the agreement failed to meet the prescribed terms of the CCA 1974 and was accordingly legally unenforceable - they were advised of the same. I therefore state that I consider your threats of legal action totally without merit and ask you to note that should you unwisely decide to take such an approach it will be vigorously defended. I therefore invite you to cease all communications relating to this alleged debt with immediate effect as no payment will be forthcoming. Yours faithfully, Mr/Mrs X
  11. You need to look into Section 75 of the consumer credit act I totally agree that what has happened to the car is unreasonable failure, can't understand why they aren't covering it all via warranty?
  12. FK Whilst in this case it's of little use use due to the agreement being a post April 2007 Internet application, and therefore subject to a judge's opinion on whether or not it's enforceable (though I'd be interested to see scans of the agreement copies), I don't think this is as clear as you make it out to be. There are rumblings that the Supreme Court definition of Enforceable could indeed be used to get creditors to remove defaults where the agreement is found unenforceable,this is not limited to situations like Durkin, but is also thought to cover those where the agreement is unenforceable under CCA 1974 S127(3),etc.
  13. Brig is correct,however you don't say when the Default occurred? Another thing is if somebody placed a default on my credit file for the sake of £20 they could go and whistle for their £20! There is absolutely no benefit to ”settled" being added to a Default, its still regarded as negative
  14. No Makes no sense whatsoever As far as the information Commissioner is concerned, the Default 6 year period will start ticking from the date on that default notice, so if they ever try to reinstate it you have them bang to rights I must stress that the information Commissioner regards the point of default to be where the breakdown in relationship took place (normally 3 months from the point the last full payment was made, but no more than 6 months) However in your case it suits you to use the date of the default notice They can enter a default on credit files without sending a default notice as the 2 things are not directly connected, but a default notice obviously shows unequivocal proof of a breakdown in relationships
  15. Actually, on that note - if yours gets re enetered at a later date, could be worth us joining forces to prove it's not just a 'one off'?
  16. Windy, firstly, congratulations! However - a note of caution They removed mine back last year and I have had to ask for it to be removed a further two times since then (September and this month) I'm not sure if it's incompetence or an act of agression on there part but the last letter I sent them (a few days ago) asked for compensation Of course, if Durkin v DSG goes 'our' way, things could get interesting...
  17. So, send something like this: Dear Sir/Madam, REQUEST UNDER THE DATA PROTECTION ACT 1998, SECTION 7 I require you to supply the following information under the above act for any and all accounts, loans or credit cards I may hold (or have previously held) with your bank: - Original agreements for all, together with any terms and conditions that applied at inception and any aletered terms (together with the dates upon which these alterations took force) - Details of all transactions (debits/credits) from inception to the present date - Copies of any and all letters, faxes or emails sent between us - Copies of any and all letters, faxes or emails sent between myself and any third party acting on your instruction - Copies of any and all screen notes made in relation to my person and related accounts of any type In addition, any information not detailed above that directly relates to my person and related accounts held with your bank. I enclose a cheque for £10 being the maximum amount payable for such a request, together with a copy of ID should you need to confirm my identity. I take this opportunity to remind you this request must be delievered within 40 days from the date of receipt and I have sent the request via special delivery. Yours faithfully, X USE A COMPUTER FONT TO SIGN, DO NOT SIGN WITH YOUR SIGNATURE! (AND BLANK OUT ANY SIGNATURE ON ANY ID YOU SEND)
  18. Hi, no, that's monthly markers Ordinarily, if the Default was correctly added it would be placed on your file and then updated each month until you reach 6 years from the default and then removed (For instance March 2006 to March 2012) So now this appears (sort of) correct, you now need to establish what details they are relying on to be able to mark you in default, as obviously an agreement has to exist for them to consider you "in default" (well, certainly in the case of a bank lending you money at least!)
  19. You are correct, this is extremely unusual and odd! To clarify, are you saying barclays have entered 13 separate default markers for the one account or just 13 months of the one default marker? Did you sign anything at the time? This is new ground as I've never seen a case like this - someone else from the regulars may have? But on first look, and if everything you say is true, you may well have a case - as you say, if you didn't agree to it, what are you supposed to have defaulted on? The case in the supreme Court yesterday of Durkin v DSG retail and HTC bank may end up being of assistance to you, but we are all waiting with baited breath for the judgment on that (Could be a few months!) In the meantime, send a subject access request to Barclays so you can get as much information as possible on what happened when the money was lent to you
  20. Hi, had a thought on this Is a right of assignment for overdrafts automatic? What I'm saying is, if they are to assign the debt to Lowells, would Lowells not have to show in court that the original overdraft agreement contained a term allowing Lloyds to assign the debt to a 3rd party? I wouldn't imagine this has an awful lot of ground as it's likely they only have to show an agreement of similar type from the same time the account/overdraft was opened (as CCA 74' Part V doesn't apply to overdrafts), but worth consideration?
  21. Not my favourite people Had a bag that was just over weight limit, told i had to pay £100 to check it in What they neglected to say was this was the charge for ONE WAY! so when I came to check in for the return and got told I had to pay ANOTHER £100 I think it was only the close proximity of armed spanish police that stopped me going bats**t crazy!
  22. The complaint needs to be to the ICO Regardless of any payments made, the default on file may only last 6 years from the date of "breakdown of relationship" - one of the ICO's examples for this is within 3 - 6 months of last full payment made to the account. In addition you probably need to state something along the lines of "Whilst I maintain my position that this account is statute barred, with no payments having been made in excess of 6 years, I would also draw your attention to the fact you have previously failed to provide a copy of the original alleged agreement between myself and the original creditor. I would remind you that without such a document, containing the prescribed terms of the CCA 1974 and signed by myself, you are wholly unable to enforce this alleged agreement, and as such no payment of any kind will be forthcoming" (............or similar!)
  23. unfortunately not, a default can be placed on your credit file without issuing a default notice normally you would expect a default to be placed within 6 months of the last full payment made towards the debt the default will last 6 years
  24. well, I'm afraid the only negative there I can agree with is the bumping up of the premium, but once told to get it back down or lose my custom, they soon complied! I have full whack cover with even the breakdown parts insurance I've had the following fixed at roadside -- alternator 4 x ignition coil as for use of local contractors, I always insist on a AA patrol,which they oblige so long as you're prepared to wait a little longer
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