If you have moved since the original ticket was issued I think you have grounds to provide an Out of Time as all paperwork appears to have gone to your old address.

 

PT

Yes, it did. How do I provide an Out of Time?

Its a Council pcn issued in 2007. They started chasing me a couple of months ago at my old address. They did nothing for 4 years and then took this one up 1 address and 2 cars later. I'm an idiot. The council agreed to remove all the charges leaving me with £120 to pay. I thought I'd paid it. Heard nothing, now they reckon I owe £356.

Well, I've emailed them and copied in parking services of the Council and I've also personally copied in the director of parking services asking for the breakdown.

I've had a marston bailiff leave a notice stating that I owe £356.80 for an unpaid PCN from 2007. I've said I'll pay the original charge now and I would like a receipt with a breakdown of the remaining costs on the account. They've refused. Both to take payment, and to give me a breakdown of costs. What can I do?

I have just received a letter from HSBC

....Having had the opportunity to investigate you concerns I can confirm that my records indicate your account was closed and the outstanding balance of £202.86 passed to our recovery agents on 27 May 2003 following the issue of Final Demand.

 

Final Demand was issued on 24 April 2003 as the account was being operated outside of its agreed terms and conditions. At that stage the account was overdrawn and inactive. Regrettably due to the passage of time that has lapsed since the closure of your account I am unable to provide you with a copy of the final demand...

 

As a subscriber to the Credit Reference Bureau the Bank has an obligation to other lenders who use the data in assessing credit applications to ensure that this information is accurate.

 

I am satisfied that the entries recorded with Credit Reference Agencies provides a fair and accurate representation of the manner in which your account had been operated. In these circumstances, it would not be appropriate to amend them.

Can anyone help me with the next letter I write to them? I know that they must removed the default on my history if they cannot provide the paperwork, but under what grounds do I need to request it?

Today I tackled HSBC in order to get my other default removed (how i could have legally defaulted on a bank account with no overdraft and only a solo card is beyond me) and have sent an SAR to Lloyds to get my charges back from them.

Im still unsure about cabot as Im dont feel I know enough to force their hand. Will try and learn more over the weekend and reassess.

Ive had this default hanging over my head for such a long time now, I guess 13 months really isnt so long. But it would be great to get this removed quicker....

Today I sent pretty much the above letter, but with details of my new address and copies of ID and utility bills for my new address.

I emailed it with the scans of my documents and I also sent it recorded delivery with the copies and the cheque.

I think it will be quite interesting to see what happens. If I emailed it, as well as posting it, can I start counting from today?

I had a debt with barclaycard that was passed to cabot. The default was registered in November of 2002.

I paid back everything, including the charges in 2004 before I found this forum .

Im not interested in getting any money back, I just want the default removed. I will write to them for a copy of the agreement under the CCA and for a copy of the default notice. Is there anything else I need to request?

How does this letter sound?

Dear Sir/Madam

Account number – 5434 XXXXXXXXXX

 

After recently obtaining a copy of my credit file from Experian I was concerned to note that your company has placed a "Default" notice against an account in my name.

 

 

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 cheque in payment of the statutory fee, Cheque number xxxxxx.

 

 

2. You must supply me with a signed true and certified copy of the original default notice

 

I would request that this data is provided to me within the next 14 days, if you are unable to provide this data then I must insist that it is removed from my files as unsubstantiated.

 

 

In addition, take this letter to be a Subject Action Request and please supply me with a complete list of transactions and charges relating to my banking history with your organisation. Alternatively, a complete set of statements for that period will be acceptable.

 

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you.

 

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 Data Protection Act subject access request fee.

 

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

I would be happy to collect the Data from my local branch.

 

Should you forthwith remove the default from my credit history and send me written confirmation within 14 days, please disregard my Subject Action Request without prejudice to any future requests.

Yours faithfully

My card is with "managed accounts" in Skemersdale and has been since long before I reclaimed my charges.

Basically, ever since I had a default on my credit registered by ANOTHER bank, the lady at the co-op told me that my account literally has a red flag up against it on the system and since then, they do not send out automatic renewals.

I reclaimed my charges this year, and when I rang up to renew it again, the normal customer services lady didnt understand. I had to tell HER that my account is with managed accounts and they dont automatically send out new cards.

The lady at managed accounts threatened not to renew my card this time because I had incurred a few charges (of course, nothing to do with the fact that only a few months previously I had reclaimed £1300 from them )

What if they never agreed to give me credit? Will that make it easier?

I simply had a bank account with them, without an overdraft and with only a solo card. They somehow reckon that I defaulted on £202, which was obviously made up of charges, but to be honest Im really not interested in the charges, I just want to remove the default. According to my credit record, I defaulted on 29/5/2003 and it was satisfied at the last update which was on 27/7/2003.

Today I drafted a S.A.R - (Subject Access Request) regarding charges, but I also included a bit asking for a copy of the credit agreement under s.78. Would you send that letter? Or would you send two seperate letters?

Im aware that they have 40 days to respond to the S.A.R - (Subject Access Request) but less to the s.78 request. for the sake of £200 Im not really all that interested in the money. The default is seriously harming my job prospects as a mortgage advisor.

But I thought (and I could certainly be wrong here) that unless they can provide me with a copy of the signed Consumer Credit Agreement the debt was never enforceable, and unless they can can provide a copy of the default notice they MUST remove the default on my credit history?

As the main thing you are claiming for is the compensation, you would need to take proof of what you want to be compensated for.

So copies of all the letters you wrote to ICO, proof of recorded delivery costs, and any other proof of the expenses incurred in order to actually get your statements.

I was wondering the best way to go about this. I would like to try to get the default removed from my credit history. The account was defaulted in 2002 so I only have a year left to go anyway.

I have read around some topics and was wondering which is the best way to start - by asking for a copy of the cca and default notice? Does it matter that they were sold the debt? Would it be better to go after barclaycard directly?

Please help

I have just read about the OFT test case... if they wont even look at my claim until the test case is heard, surely it would be better to try and get default removed?

It was a standard bank account with no overdraft facility and only a solo card. Somehow I defaulted on £202

Ive moved since the account was closed in 2003. At a push I am able to use my old address as a mailing address, but would rather use my current one for ease.

Should I send proof of address when sending off my SAR?

The default on my credit history was mostly as a result of charges, but ideally I am looking to get it removed straight as quickly as possible.

Do you think it would be quicker to reclaim my charges and demand removal as the default was as a result of charges, or whether to demand the cca paperwork (as I KNOW that none was received).

Im not actually all that interested in reclaiming my charges from them as it was less than £250, I am just looking to get the default removed asap.

Hi, Im new here

I have reclaimed bank charges out of the co-op and Im wondering what to tackle next.

I have two defaults on my credit record from quite a few years ago. The first one is HSBC, a default of about £250 (cant remember the exact amount) which has been satisfied for a number of years. I have only just realised that there might be something I can do about it.

Im almost 100% positive that I never received the correct paperwork, but I am also sure that the reason I defaulted was the charges. Im not interested in getting the charges back, they're a relatively small amount (ie £250) and I have bigger fish to fry. What I would like to know, is whether it would be quicker to get my charges back and insist on the default being removed as it was due to the charges, or whether it would be quicker to start askiing for copies of the paperwork that I know wasnt sent to me. I just want the default removed asap.

The next thing is Cabot. I defaulted on a barclaycard in 2002 and Cabot caught up with me in 2004(ish). Am I right that the default stays on my record 6 years from 2002, not from when Cabot caught up with me? Also cdan I write to Cabot trying to get my default removed when I dont know my reference number? If not, will they give it to me over the phone?

Im also going to go after Lloyds, and perhaps Co-op again as they keep charging me no matter how hard I try not to incur them. I was charged £35 for honoring a debit card payment that they would not have paid, and £25 for going over my limit. I dont object to reasonable charges, but £60 is ridiculous! Has anyone reclaimed charges twice from the co-op? Maybe I should start a new thread about that...