Thanks mkb, i will look at them.

Hi, thanks for that but they have covered that in there final response letter, but the SAR information they states ( 04/06/08 - Default which was issued 30/05 expired 15/06) which is 14 Calender days from letter date but not received date, however it then reads 18/06/08 Account Cancelled as default expired so i think they may be covered on that one? Please refresh me on the CCA?

also my account with AE went to pot when they put my interest rates up for late payments which made my minimum payment nearly doubled in one month, looking at all the info they have sent me it is quite clear that the interest rise was the turning point? can i use this info in my argument? Thanks

Now please find AX final response. Thank you for your letter dated 19th August 2009. I am sorry to learn of your dissatisfaction with information that has been registered against your external credit report. Whilst I appreciate the outstanding balance of your cancelled account has previously been 'short settled'. I can only reiterate the comments made by my colleague Daryl Jenkins, in her previous correspondence dated the 18th August 2009. A notice of Default was issued to your billing address on the 30th May, in respect of an overdue balance of £137.00. This correspondence confirmed that failure to ensure payment of the specified amount within 14 days of issuance, would result in the cancellation of the account,and the registration of a default against your external credit report. Whilst I am aware that the default was not registered until the 15th December 2008, American Express has the right to issue this notification anytime after 28 days has elapsed from the point of cancellation. However, as your account was cancelled on the 18th June 2008 and for the sake of clarity, I have amended the issue date of the Default Notice in accordance with the aforementioned timeframe (18th June 2009). Whilst I apologise for any confusion that may have been caused as a result of this delay, notification of the Default Notice has been recorded in accordance with the Terms and Conditions of your Credit Card Agreement. Pursuant to paragragh 6(1) of schedule 2 to the Data Protection Act 1998, we are entitled and obliged to exchange information with such agencies for the duration of the Agreement and six years thereafter, because the processing is necessary for the purposes of legitimate interests pursued by the credit reference agencies and other financial institutions. I am, therefore, unable to remove the notifications detailed in your correspondence. I appreciate this may not be the resolution you were hoping for, but trust this clarifies our position. As you can see from all the above i am now at a total lost and could do with some help please? FOS have not responded yet, however i did issue it before the date shown on the AX response. As you might be able to understand my issues, but AX have not responded to the points raised as they have chosen to ignore them. Also i have not yet put my claim in for the charges as i am not sure if i can as they olny charged me £12 a time but they soon mounted up. Can anyone advise my next move? Thank you

HI Again, Please find below summary of my comp to FOS. 1. Not responding to communications. 2. Issuing default without complying with consumer credit act 1974. 3. Issuing false information to credit reference agencies regarding defaults in line with American Express standard practice and not complying with the ICO procedures. 4. Obtaining settlement payments after agreeing to look at removing default and not carrying out the action. (deceiving customers to obtain payment.) 5. Incurring interest and charges on the account without being notified or statements issued. I am very disappointed at the disgraceful way American Express has, firstly, conned me into settling my account in the assumption that they would remove the default. Which they had issued without informing me, therefore not giving me the chance to remedy it. They have also added charges and interest on the account without informing me what they are or what they are for, without any written statements being issued to myself. As a financial institute they should be acting more responsibly and comply with OFT guidelines. FOR YOUR INFO.

Hi I have now received supposedly all from my SDR, and may i say it is very confusing? in summary i have sent the following to AE and have also complain to the FOS as they had not responded? American Express, Card Services, Department 880, Amex House, Edward Street, Brighton, Sussex, BN88 1AH 19th August 09 Final Default Notice removal request. Dear Sir/Madam ACCOUNT NUMBER: ------------- In reply to your letter dated 18th August 09, I would respond as follows. It is again, very disappointing that in order for me to settle my account, you have deliberately misled me, by advising, you would look at removing the inaccurate entry of default of my credit report as confirmed in our telecom on the 20th May 09, my email dated 22nd May 09 and RMA e mail dated 1st June 09, which you failed to respond. Please also be advised that I have thoroughly read my T&C’ which you re sent me on the 9th April 09, and I can see no mention of you disregarding the Consumer credit act 1974, or it is your standard practise to report default notices to CRA, not to mention, misleading customers to paying off accounts with out carrying out the actions that you agreed to? I would also again draw your attention to the following information obtained from the Information Commissioner’s Office, (ICO) regarding Filling Defaults with credit reference agencies! The term “default” on a credit file is used to refer to the situation when the relationship between the lender and borrower has broken down. A record showing a series of payments six months in arrears when this does not reflect the real payment should not be used as equivalent of a default. As you can see from the 23 e mails I have sent and received, and will also be evident in the Transcripts, as requested in my letter dated 4th August 09, my e mail dated 8th and 11th August 09, the communication has in no way broken down on my behalf. I have communicated at every opportunity by phone and writing made all my agreed payments on time and even over payments of the agreed sum without any prompting what so ever as shown in RMA e mail dated 17th April 09. Please also note that internal polices and practices should not be determine factors in when and how a default is filed for information to credit referencing purposes, which your letter dated 8th July 09 clearly states that this is why you have issued the default! Not withstanding the above, I also confirm that I have not been issued with a copy of any default notice as described in Consumer credit act 1974 regarding the default you issued on the 15th December 08, therefore, I have not been informed • the nature of the alleged breach; • if the breach is capable of remedy, what action is required to remedy it and the date before which that action is to be taken; • If the breach is not capable of remedy, the sum (if any) required to be paid as compensation for the breach, and the date before which it is to be paid. As a result of the above, I am putting you on notice that I intend to complain to the Information Commissioner’s office that you have issued inaccurate data about me. The negative entries on my credit file are damaging to me and the Data Protection Act allows me to seek compensation from both you and the organisation which is displaying the data, through the County Courts and this is also an option which I am considering. The inaccurate entries about me are defamatory and that it is a new act of defamation each time a creditor looks at my file, which you are liable for. The Defaults Guidance notes issued to Credit Reference Agencies by the Information Commissioner in August 2007 make all of this very clear to you, so there is no doubt that you are aware of your responsibilities. As you can not be bothered to remove the standard note from the bottom of your reply regarding your initial responses, I still remain dissatisfied with your refusal to acknowledge any of the above and remove the Default. I WILL REPORT THIS TO THE OFT and FOS if you do not issue your final respond in the next 21 days? If you need any further information please do not hesitate to contact me. Yours faithfully,. 2 days after sending my compliant to FOS (by recorded deliver) i received a final response from AX which i will post shortly.

Hi can i claim back late payment charges if they are £12 a time, also my account with AE went to pot when they put my interest rates up for late payments which made my minimum payment nearly doubled in one month, looking at all the info they have sent me it is quite clear that the interest rise was the turning point? Can i also get the default removed on the grounds of there unfair charges Regards Clarkey 1

Thanks DX, i will send it tomorrow, i am trying to get a default removed which i know i responded to the Notices 3 days after the date of the letter and paid them in order for the default to be removed, which was agreed with amex, but they then defaulted the account 7 months latter without serving a new notice and adding fees and interest up to the new default date which i am about to also claim back. Regards clarkey1

Hi Can I request a complete copy of all transcripts of All telephone conversions from amex with a Data Protection Act disclosure request? They have now gone back on there word 2 times now and the only prof i have is the phone calls? Thanks

Hi, I have recived this reply from Experian? Thank you for your e-mail received earlier today. The status history of an account shows how you made payments in relation to your original repayment contract. Late or reduced payments may still be shown in the status history of an account even if you made an arrangement with the lender to do so. The decision as to whether to record the account as being in arrears in the status history when a payment arrangement is made is at the discretion of the company concerned. However, companies will usually put late payments in the status history of the account as an indication that the account holder has failed to meet the terms of the original agreement. Basically, they can tell them what they want it is up to the banks, what a joke? Regards

Dear All, I was made redundant in Nov last year, within a week i contacted all my creditors to explain the situation and made payment argeements with them all. Egg - was a nightmare, they would not do anything untill i was in arrears, to enable them to get more charges i think, which they did and i got them back. Capital One was fine after about 2 hours on the phone being passed from supervisor to manager, and we got over the language barrier.:-| Subsequently 6 months down the line after checking my credit report i noticed that 3 of the 8 creditors have still reported my details to Experian as being 5 months late, dispite me calling up each month and making the agreed payments on time every time. After questioning this with them, 1 of the creditors agreed it was a mistake and amended it the next day, however, surprise surprise, Egg and capital one say it is correct because i have not made the original contract payments on time. My question is, when i sign up for my credit card i went into contract with that company and agreed the T&T'S, however after setting up an argeement with them, is it not the case that we have both now agreed a new contract, which in principle ends the original one, therefore if i make the payments on time every time as per there last letter, are they wrong in advising Experian that i am late? Regards

thanks BRW, but I don't recall ever seeing any mention of default from AE and when I questioned RMA they was as surprised as me as I have been making over payments each month and on time?

Hi all can anyone help with this please? Still no reply from AE Dear Mr Clarke Further to our recent correspondence, I have been contacted by American Express (C2). They have confirmed that the details we hold are accurate and have requested that we retain the information on our database. Unfortunately I am unable to amend this information without the authorisation of the company in question. The 'Notice of Dispute' will remain on your report for 28 days. It will then be removed, unless I receive further notification from you: "THE CONSUMER HAS DISPUTED THE ACCURACY OF THIS ENTRY AND WE HAVE THEREFORE ASKED THE PROVIDER TO INVESTIGATE IT. GIVEN THAT THIS DATA IS DISPUTED, PLEASE TAKE CARE IF MAKING AN ASSESSMENT OF ANY KIND THAT MAY INCLUDE THIS DATA." If you have any further queries or wish to discuss this further, may I suggest you contact the company concerned direct at the following address: American Express, Card Services, Department 880, Amex House, Edward Street, Brighton, Sussex, BN88 1AH Tel: 01273 576811 Kind regards Miss Chloe Savage Consumer Services Officer Client Queries

had the following reply. Our Ref:xxxxx Dear Mr Clarke Thank you for your email, which we received on 01 April 2009. In view of your comments about the default recorded by American Express, I am writing to them for you. This is because I cannot amend your report without their consent. I will let you know what they say when they reply. While I investigate your comments, I am adding the following statement to the information you have queried. "THE CONSUMER HAS DISPUTED THE ACCURACY OF THIS ENTRY AND WE HAVE THEREFORE ASKED THE PROVIDER TO INVESTIGATE IT. GIVEN THAT THIS DATA IS DISPUTED, PLEASE TAKE CARE IF MAKING AN ASSESSMENT OF ANY KIND THAT MAY INCLUDE THIS DATA." Your report should change in the next seven days. Please use this letter if you need proof in the meantime. Kind regards Consultant CreditExpert Can anyone advise what next as AE have not yet responded?

Thanks BRW, I have done as advised and received the following from Experian. Thank you for contacting us. Your enquiry has been passed to one of our credit report specialists. We normally respond to simple queries within 2 working days, however if your query requires detailed investigation or feedback from a third party our response will take longer to action. We will always endeavour to respond to your query within 2 weeks of receipt. If you are seeking general advice, the Frequently Asked Questions section of our website can often provide helpful guidance. You may find the following link useful: http://www.experian.co.uk/consumer The following individual query number - xxxxxxxx has been assigned to you; please ensure you quote this, your credit report reference number and your full name if you need to contact us again. Many thanks CreditExpert Please note that Experian has 28 days to respond to your query, as stated under section 159 of the Consumer Credit Act 1974 and the Data Protection Act 1998 . We aim to always respond much sooner than this. Shell i respond requesting if they have placed an entry on my file that the entry is disputed pending your investigations as requested in my last e mail to them Regards

Could some one please help? I have just received a copy of my credit report and AE defaulted my records on the 15/12/09 with out any notice at all? I entered in to an agreement with RMA back in June last year for £10 but I paid £30 each month and on time, never missing one payment so can anyone advise why they think they have done this and is there anything I can do about removing it as I was not given any notices as laid out in the CCA 1974 SECTION 87 /88? Thank you

Could some one please help? I have just received a copy of my credit report and AE defaulted my records on the 15/12/09 with out any notice at all? I entered in to an agreement with RMA back in June last year for £10 but I paid £30 each month and on time, never missing one payment so can anyone advise why they think they have done this and is there anything I can do about removing it as I was not given any notices as laid out in the CCA 1974 SECTION 87 /88? Thank you

Hi flaminscott, I am very much in the same predicament as you, however, after Halifax did not respond to my compliant after the 8 week I wrote to the Financial Ombubsman. The FO sent a letter to Halifax requesting that they responded with a finale statement that they are unwilling to look at my individual case and gave them 14 days to respond which ran out on Monday. As Halifax are true to form and not responded to them, it has been moved up a gear which I should imagine to be in my favor. That’s as far as I have got at this stage and I will keep you informed of my progress. There is a very nice contact at the FO ([email protected]), she is very helpful and understanding, she may be some help to you? Hope this helps

Hi Tilly, It is a bank account not CC, they are next, One of them have charged me £12 on top of the late fee for braking a promises, can you believe that?

Hi flaminscott, I believe I am in the same boat as you and am now at my wits end with Halifax, I am currently behind with cc payments and they are taking on average £200 a month out of my account, which I can not afford I have wrote no end of letters to the Halifax requesting they stop charging me due to the finical difficulty they are putting me in, but they have not replied to any of my letters, I can not afford the court fee to be stayed? I will write to the ombudsman today, My question is how long did it take them to get back to you? And what is this pay plan? REGARDS Clarkey1

Well done, that's the way to do it no messing stick to dead lines and hit them. Good Lad.

Hi Have they not responded to LBA? Regards Clarkey

Good Luck, and keep going.

There is no need to SHOUT, or call me ignorant, With respect I have received chargers back from 5 Credit cards, 1 PPP full refund 4 Halifax bank and 2 more in progress so I think I know what I am doing! When you send your prim letter you are requesting a time scale for there reply that you are satisfied with, if after 1 day there reply saying No chance then you can proceed with your next move as they have responded and advised you have not got a chance! In my opinion I would stop hanging on and get it in there and bring it to a swift end because we all know the outcome will be from one letter to the next.

Hi The 14 days you gave them was too responded with the information you require they have responded within the time basically telling you to go away. Next move LBA in ASAP