hi I want to get it removed rather than satisfied i'm sure that if charges part of the ammount then the total would be incorrect and uninforcable?

can anyone help?

no like I said they've applied the default

Hi Thanks for the info I did a Subject Access Request after the FOS decided they'd done nothing wrong (however they didn't know about the charges). I have previously reclaimed charges from them and all the only ones now add up to £60. Sorry for pannicking but the default was only for £540 so i'm quite livid. So should I try and claim the charges back now? is it possible they will just say they'll deduct it form what I owe them?

Looooong story short had an account with an overdraft facility but managed to get a default on it now I have about £200 left to pay but i've found out that £60 is made up of charges does this mean that the default is void as it's inaccurate? if so what would be the best scenario? 1, Send them a letter with a cheque for £140 stating if cashed the default must be removed? 2, Wait until I have £10 left to pay then send them a letter stating they owe me £10 and to remove default? 3, Other? Also are banks and their colleciton companies still allowed to hound you for money even though the default is clearly in dispute they were even told stop by the FOS. thanks

Hi All I currenlty have a battle going on with FD and i'm hoping someone can offer me some advise. Background Have a bank aco**** with FD which includes a £500 overdraft. Recently changed banks and received a letter form FD complaining about my dormant account. Next letter I received stated that they were no closing my account and that I would need to start paying off overdraft. I started making monthly installments into my account to pay it off. Next thing I know is I get a letter form debt recovery company so I call them and tell them i'm already paying FD off via monthly payments, ok they said and that was that. Next thing I know I did a random check of credit file and notice they've put a default on for £467. Obviously I was mythed so wrote to them regarding default notice B2FD1 Further to this I have no recollection of ever receiving such a notice, and I therefore require you to substantiate this data at your earliest convenience. 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 postal order in payment of the statutory fee, PO Serial Number 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 I would request that this data is provided to myself within the next 28 days, if you are unable to provide this data then I must insist that it is removed from my files as unsubstantiated. FD2B1 Please find enclosed your postal order along with a copy of your account opening application form and a copy of the Final Demand. The account you held with First Direct was a bank account which is not a CCA regulated product therefore no Default Notice is required. As we received no response to the final demand your account was passed to 'name of company' and an entry mad on your credit file. The final demand is our notice to register adverse information on your credit file and satisfies our legal obligation before passing your account to a Debt Collection Agency. Once your account is paid in full this will be reflected on your credit file. No deed of assignment is required as 'name of company' are part of the HSBC group. Blah blah blah.............. B2FD2 - Short version I can confirm I did not receive the final demand letter. I feel the default does not give a tru refleciton of account handling. Image below 'image' show's I've had 2x status 1's in 2 years and a then a D last month. (then shows bank statment showing monthly payments to pay off OD) When I spoke to one of your advisors recently and said I hadn't received the notcie she told me to take it up with the Post Office. How will this help apart from getting a free stamp? ---------------------------------------------------------------- I am waiting for a reply on the above letter. but have a few quesitons my first letter said 2. You must supply me with a signed true and certified copy of the original default notice Although a copy was provided in their reply it was a black and white copy and had in no way been signed as a copy of the original (can I pick them up on this?) I am livid that I have a default for a measly £467 and would like some adivse on how to get this removed. Should I go down the charges route? S10? Should I pay it all off then try and get default removed? I'm quite happy to come to repayment scheme in return for removal but need legal advise/clout etc. Also i've just noticed that on the final demand letter it doesn't show the following Detilas of the part or parts of the agreement which, according to the trader, the customer has breached. or If you do not take the aciton required by this notice before the date shown then the further action set out below may be taken against you. The above is taken from the CCA and I know FD say the account is not covered by it but surely they must tell me why and what will happen???? Many thanks --------------------------------------- Update.... After much twoing and froing the bank have now issued their final letter and i'm still no closer to having the default removed. I am now going down the FOS route, anyone had any experience? or can offer any advice on default removal. Thanks

Hi All I currenlty have a battle going on with FD and i'm hoping someone can offer me some advise. Background Have a bank aco**** with FD which includes a £500 overdraft. Recently changed banks and received a letter form FD complaining about my dormant account. Next letter I received stated that they were no closing my account and that I would need to start paying off overdraft. I started making monthly installments into my account to pay it off. Next thing I know is I get a letter form debt recovery company so I call them and tell them i'm already paying FD off via monthly payments, ok they said and that was that. Next thing I know I did a random check of credit file and notice they've put a default on for £467. Obviously I was mythed so wrote to them regarding default notice B2FD1 Further to this I have no recollection of ever receiving such a notice, and I therefore require you to substantiate this data at your earliest convenience. 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 postal order in payment of the statutory fee, PO Serial Number 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 I would request that this data is provided to myself within the next 28 days, if you are unable to provide this data then I must insist that it is removed from my files as unsubstantiated. FD2B1 Please find enclosed your postal order along with a copy of your account opening application form and a copy of the Final Demand. The account you held with First Direct was a bank account which is not a CCA regulated product therefore no Default Notice is required. As we received no response to the final demand your account was passed to 'name of company' and an entry mad on your credit file. The final demand is our notice to register adverse information on your credit file and satisfies our legal obligation before passing your account to a Debt Collection Agency. Once your account is paid in full this will be reflected on your credit file. No deed of assignment is required as 'name of company' are part of the HSBC group. Blah blah blah.............. B2FD2 - Short version I can confirm I did not receive the final demand letter. I feel the default does not give a tru refleciton of account handling. Image below 'image' show's I've had 2x status 1's in 2 years and a then a D last month. (then shows bank statment showing monthly payments to pay off OD) When I spoke to one of your advisors recently and said I hadn't received the notcie she told me to take it up with the Post Office. How will this help apart from getting a free stamp? ---------------------------------------------------------------- I am waiting for a reply on the above letter. but have a few quesitons my first letter said 2. You must supply me with a signed true and certified copy of the original default notice Although a copy was provided in their reply it was a black and white copy and had in no way been signed as a copy of the original (can I pick them up on this?) I am livid that I have a default for a measly £467 and would like some adivse on how to get this removed. Should I go down the charges route? S10? Should I pay it all off then try and get default removed? I'm quite happy to come to repayment scheme in return for removal but need legal advise/clout etc. Also i've just noticed that on the final demand letter it doesn't show the following Detilas of the part or parts of the agreement which, according to the trader, the customer has breached. or If you do not take the aciton required by this notice before the date shown then the further action set out below may be taken against you. The above is taken from the CCA and I know FD say the account is not covered by it but surely they must tell me why and what will happen???? Many thanks

So should I do it as a job lot letter then? Do you have any sample letters about removing late paymeny info as i'm not up on s10. Thanks

I'm looking to reclaim charges from a CC company and also to get some late payment informaiton removed. Should I do all this in one letter or reclaim the charges first then see about getting the late payment history removed? Any help would be appriciated.