Hi There Go into the Legalities Forum and then Default Removal Forum. There is a post in there (can't quite remember the thread) which showed a letter after the bank had settled reminidng them to remove the default. This may be of some use to you, and that forum is really helpful also with regards to default removal. Hope that helps. Claire

I have now received my credit report and there are three defaults registered against me. Two of these I am already dealing with by reclaiming Bank charges and asking for them to be removed, however one is registered to Kings Hill (No1) Credit Card. Default dated 31/08/2001 Deafult amount £385 current £435!! I received a letter from a Company called Financial Investigations and Recoveries Ltd who act for Cabot Financial saying balance is £528.96 but could settle at £264.48. I have never heard of any of these Companies and the original Credit Card was with a Company called Monument. I sent the relevant letter asking them to send the signed Credit Agreement with the £1 along with Deed of Assignment, and the 12 day period has expired today. Is there anything I can do now to have the default removed. I understand they cannot now enforce this unless they produce the documents, and after 30 days non compliance they have committed a criminal offence. I am a bit confused about what to do next. Also information still showing on my report from TMobile which was settled in 2002, this was not in default but registered as "Facility Not Used". Can I also have this information removed, as I believe this is disadvantageous to my credit score. Am finding this side of things a bit more difficult to grasp despite reading threads etc. Many thanks Claire

Am sure you will be fine with the letter you have sent. You will get your money back, they just like to stall in whatever way they can. Good luck, and keep us posted. Claire

Hi, I am in a similar situation. My account was closed and defaulted by them in around 2004, and I moved address last year. I seny my SAR on 08/08 and am still waiting for statements, so I wouldn't expect anything too quickly. Luckily I had my account number so that should have helped, but Halifax seem to be taking their time with the closed accounts (probably just a stalling tactic) Good luck with it though, remember to be patient, and let us all know how you get on. Claire

Hello and good luck, though you won't need it if you stick to your timetable, and use the correct templates. Claire

Mike Have you used the step by step actions, ie Subject Access Request, Initial Approach for payment? If not, I would use the letter in the Templates Library to request payment again. Most people seem to get an acknowledgement saying they note the contents of the letter, sorry you are disappointed etc etc, will look into matter and get back to you in four weeks. If you have sent the initial letter stick to your timetable, as they have not provided a "positive response". Give them the 14 days, then send the Letter Before Action. If you do not hear anything after a further 14 days, submit your Court application. I sent my initial request today, so will post in my thread what response I get (if any)! Good luck with it, Claire

Many thanks, will have a look into it! Claire

I bought a TV from Tesco in March 2005, just before I moved into my new house in July. It remained in the box until July when I moved in. Last week the colour on the Tv has gone, and I now have the pleasure of watching a green and pink screen! I rang Bush and Tesco who both said that it is out of the 1 year warranty. My mum who used to work in a retail store said that there is an Act which actually covers products for 6 years, and says they must be able to carryout the purpose which they were made for. Does anyone know which Act this may be, so that I can quote it? Any help would be appreciated. Claire

I know we were at similar stages previously, however we received a letter back from Leyanne also, stating the statements would be with us within 40 days, as this is the time they had to comply. No request for id or anything, which is suprising considering we moved house not so long ago, and until recently they still had my partners old addres!!! One rule for one and one for another!! Statements still not here however - our DPA deadline expires 25/09. Hope you have a bit more luck with them now! Claire

Have obtained some further info now. Apparently the statements are being dealt with separately as the period from 2003-2006 is the account i have now. The period before that 2000-2003 is an old account which has closed. Should I deal with these under separate claims or deal with it all as one? I can send my initial request letter today for the account I currently hold if I am to do them under separate claims. Anyone? Thanks Claire

Hi I am a Conveyancer and would advise you to get your uncle to obtain advice from a Solicitor asap. When they purchased the property they would have stated how they were to hold the property, there are three way of doing this - Joint Tenants 50% share to 50% share, where if one person dies the share automatically vests in the other owner, Tenants in Common - 50% -50%, however upon the death of one party the share can be divided by way of a will, or Tenants in Common in unequal shares, where one person owns a higher percentage of the property. Also if one person had a higher interest in the property or put more funds in to purchase then a Declaration of Trust should have been drawn up, to cover the person who had invested more, to secure those additional funds. The problem with a joint mortgage is that both parties are liable for payments, however if one person fails to pay then the second person is still liable. It may be worth contacting the Solicitors who acted at the time of the purchase to obtain a copy of the documents so your uncle knows his legal stance. Do go and obtain legal advice however. Hope he manages to sort it out. Claire

Many Thanks, have done that. Claire

Hi You should proceed in the same way as the bank charges process, the only major difference is the interest, but there is an excel spreadsheet to assist when you get to that stage. Send the SAR let stating your Visa Account number to Halifax Card Services, address is in the Stickys, and give them the 40 days to send statements. Don't forget the £10 fee, as this way they can't stall. If you don't have a record of the account number, provide them with as much info as you can. Good luck with it! I too am taking Halifax on for my current account and an old visa! Claire

Can anyone help please? I am still missing a bundle of statements from 2000 to 2002 and am getting fobbed off by Halifax. They said they were sent on 23rd August, and they are still not here now! Should I send the initial letter for payment for the statements which I have from 2003-2006 and do a second claim later for 2000 to 2002, or should I technically wait for them all to arrive? They do have until 18th Sept when the 40 days will expire on the SAR. What do you think? Thanks Claire

We must be working in sync as I too sent my SAR let on 9th April and today rang them about my request! I did received some statements on 15th but whole batch were missing. I rang this morning to see where missing stats were to be told they received my request for the missing batch on 21st and they were posted on 23rd, so they should be waiting for me when I get home tonight! We shall wait and see! Unlike you I did not have the pleasure of 7 mins of the hold music and got through really quickly! Good luck with your claim, maybe we'll end up doing moneyclaim at same time too! Hope statements arrive pronto! Claire

Have done this now, is this ok?

Thank you. Hopefully they will now leave me alone. Have changed me signature now, hope this one is right! Claire

Hi all I am receiving letters (at my old address) from a company called Fire Investigations and Recoveries (europe) ltd, on behalf of Cabor Financial with regards to a Credit Card, which says Monument! I have never heard of this Company and although I did have a Credit Card with a Company called Providian about 5 yrs ago, not sure if this is related. Any way top and bottom they say I owe them £528.96 but as gesture of goodwill etc etc will accept settlement of £264.48. If not paid within 7 days they will send "Doorstep Agents" to come and recover. Well a) I don't live at that address anymore, and b) I don't even know what this account is. I have therefore sent the request for the copy CCA Loan Agreement (which I presume is the correct thing to do). Am I right in thinking that if they cannot produce they cannot claim the debt?? I also a belive a default is recorded against me for this too, and am requesting a copy of my Credit Report so I can assess the situation. Am claiming against banks at moment and fully understand that process, however am struggling slightly with the event stages with this! Any help would be greatly appreciated.

Hi Doodle You may be in for a long ride, but you should get there in the end if you follow the correct procedures!!! Firstly read the FAQ's and have a look in the Library for the relevant template letters. Start with the SAR (Subject Access Request Letter) and send a cheque for £10.00. Send it by recorded delivery. They have 40 days to provide your statement and you can claim last 6 years. Whilst waiting for the statements look around the site and read other people's threads to gather as much info as you can. Good luck Claire

Hi welcome. I am quite new to the site also, however would recommend reading the FAQ and reading other people's threads. Gather as much info as you can from the site as this will assist you greatly. Under the Data Subject Request letter they have 40 days to comply, however as you have not submitted your request in this way they can take as long as they wish and there are no time restraints involved. May be best to start from the beginning again with the SAR letter (see templates library). You could try putting in your letter that you have already paid a fee in branch. The SAR fee is £10. Good luck with your claim, but ensure you know exactly what you are doing otherwise costly mistakes can be made. Claire:oops:

Ben Firstly, welcome! As you have all the statements and have calculated the charges etc, you need to send the initial letter asking for reimbursement of fees (see template library) with a statement of charges. They then have 14 days to respond. If no response or no offer of FULL settlement then send the LBA let stating you will give them a further 14 days before issuing proceedings! I too am claiming against YB and am only 10 miles down the road from you in sunny Haworth, so keep updating your thread so I can see how you get on. I am still waiting for my statements at mo, and it would seem YB are not great at dealing with things. Don't expect them to be in any hurry to help or respond to you! claire

They have the 40 days to comply, from date the SAR let was received. I received my first bundle within 5 days, however 2 years worth missing which I am still waiting for. May be best to start your own thread, as think we are gatecrashing Damians! Damian my statements also say "charges as notified", this is what I am placing on my statement of charges.

Hi I am a Conveyancer (Property Lawyer) and would recommend trying to find out the following:- * Is the mortgage secured on the property a specific "buy to let mortgage"? If not you may have occupiers rights if no Occupier's Consent form was signed at the time your sister moved in. * Has the Landlord remortgaged or taken out a mortgage during your sister(s) occupation of the property? If so she should have been informed of the same. * Explain the situation to the lender, and I would recommend serving Notice on the Landlord that due to you receiving Notice you will be terminating the tenancy in (x) amount of days. Also state that you expect refund of the deposit to be available on that date. * NOTE - you may have seen people on here struggle with getting deposits back etc as the Landlords say things need repairing/cleaning. I would recommend making a list of any faults at the property, and also taking pictures of the state you leave the house in. Hope you have some luck with this. If I can help in any other way PM me. Claire Hi

Hi and welcome! If they have acknowledged your request and the cheque has been cashed then they do have the 40 days to comply. I would only chase up once the 40 days is about to expire (say a week before), as you'll see from a few other threads that they can leave it until the last minute. It's always better to have everything in writing in any event, as phonecalls may not be recorded and you might not be able to rely on these if you did go to Court. Good luck with your claim Claire

They do have 40 days to respond, however I did receive an acknowledgement letter within about 3 days, and the statements arrived within 5 days (although some are missing). If you sent your £10 fee by cheque then you could check if that has been cashed, which would obvoisuly confirm they have received it. If in any doubt you could go to your Local Branch with a second letter, or send it by Recorded Delivery. Hope you hear from them soon. Claire