Everything refunded and an apologetic letter, sweet

Hi guys and gals, Just a little problem here... I have a vanquis card and I run it perfectly, however I note that it went over limit for some reason, got charged all the usual rubbish then the phone calls started, please read my letter below for details...to this letter a got the typical standard rubbish letter, but still keep getting calls, Vanquis Card Customer Service PO Box 399 Chatham ME4 4WQ 30 May 2007 Our ref: pc.vanquis.telephone1 Your Ref: Dear Sirs Harrassment By Telephone Account Number: I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing. To date, since the 22 March 2007 I have received 34 telephone calls from your office and I expect that after posting this letter I will receive further calls. This is completely unacceptable and is causing me great distress. Some time ago I spoke to a representative who duly informed me that I was over my credit limit. When questioned as to how this happened it was a further 15 minutes before I received the answer that it was a transaction that took place that month, this, I note was after being informed that it was the interest applied that made my account over limit. I then proceeded to explain that I have a minimum payment set up and as far as I am aware if my account shows over limit then the minimum payment should automatically take this into account and bring it back within the limit next time it is due. If this is not the case then the way I view the matter is quite simple, Vanquis are therefore knowingly keeping customers over limit, thus enabling Vanquis to apply over limit fees every month. Therefore, I require a full breakdown of all charges applied to my account since activation with a detail of why and by whom the charge was generated. As you are no doubt aware, these charges are unlawful at Common Law, Statute and under recent consumer regulations. If you say that they are not, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put by as a result of my breaches, in order to reassure me that your penalties really do reflect your costs. Additionally, it has now been confirmed that your particularly high level of penalties are considered to be unfair per se by the OFT who reported on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary. Due to the appalling nature and abuse of the telephone system you may wish to reimburse these charges to save any further embarrassment and I now require all further correspondence from your company to be made in writing only. I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, which states; “that a person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under contract, he or she: [a] harasses the other with demands for payment which by their frequency, or the manner or occasion of their making, or any accompanying threat or publicity are calculated to subject him or his family or household to alarm, distress or humiliation,” I am also of the opinion that you are in breach of the Protection from Harassment Act 1997 and the Communications Act (2003) s.127 and I intend to report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine. Be advised that I have compiled a full schedule of calls received to date including times to my mobile number and I enclose this for your reference at appendix 1. I should also be grateful if you would provide me with a schedule of calls made to all of my numbers you have on your system. Whilst in writing you should also note that my telephone service provider is now monitoring all of the calls made to my phones, I will record any further telephone calls and I will request that you record also. I look forward to receiving your prompt response and reviewing your comments therein. Yours faithfully, Phillip J Charman Enc. Appendix 1 Now then, here is a list of the calls received to date, I keep getting them, not to mention they ring the house phone momentarily before the mobile they call me on, I am at a complete loss, and need some advice, I will certainly wobble down to court and obtain some sort of restraining order or similar if I can, Im very busy with work at the minute and due to a death in the family i cant think straight, im having visions of jumping in the car and finding the call centre and slapping the offender silly !!! Vanquis Credit Card Schedule of calls received from 22 March 2007 by telephone Number 0800 2888640 Date Day Time of call 22 March 2007 Tuesday 09:38 22 March 2007 Tuesday 13:38 22 March 2007 Tuesday 14:37 22 March 2007 Tuesday 15:36 22 March 2007 Tuesday 16:34 22 March 2007 Tuesday 18:04 22 March 2007 Tuesday 19:21 22 March 2007 Tuesday 19:50 22 March 2007 Tuesday 20:49 Total 9 23 March 2007 Wednesday 13:53 Total 1 24 March 2007 Thursday 09:03 Total 1 25 March 2007 Friday 14:48 Total 1 26 March 2007 Saturday 13:23 Total 1 29 March 2007 Tuesday 14:14 29 March 2007 Tuesday 14:47 29 March 2007 Tuesday 15:31 29 March 2007 Tuesday 16:05 29 March 2007 Tuesday 16:38 29 March 2007 Tuesday 18:51 29 March 2007 Tuesday 19:33 29 March 2007 Tuesday 20:03 Total 8 30 March 2007 Wednesday 08:22 30 March 2007 Wednesday 08:56 30 March 2007 Wednesday 09:35 30 March 2007 Wednesday 10:46 30 March 2007 Wednesday 11:20 30 March 2007 Wednesday 11:53 30 March 2007 Wednesday 12:34 30 March 2007 Wednesday 13:31 30 March 2007 Wednesday 14:02 30 March 2007 Wednesday 14:34 30 March 2007 Wednesday 15:05 30 March 2007 Wednesday 15:46 30 March 2007 Wednesday 16:17 30 March 2007 Wednesday 16:46 30 March 2007 Wednesday 17:17 30 March 2007 Wednesday 17:49 30 March 2007 Wednesday 18:31 30 March 2007 Wednesday 19:09 30 March 2007 Wednesday 19:45 30 March 2007 Wednesday 20:16 30 March 2007 Wednesday 20:46 Total 21 31 March 2007 Thursday 12:23 31 March 2007 Thursday 15:37 31 March 2007 Thursday 16:07 Total 3 1 June 2007 Friday 09:20 1 June 2007 Friday 09:56 1 June 2007 Friday 11:04 1 June 2007 Friday 11:39 1 June 2007 Friday 12:11 Total 5 7 June 2007 Thursday 12:00 7 June 2007 Thursday 15:05 7 June 2007 Thursday 16:07 7 June 2007 Thursday 17:51 7 June 2007 Thursday 18:21 7 June 2007 Thursday 18:58 7 June 2007 Thursday 19:31 7 June 2007 Thursday 20:06 7 June 2007 Thursday 20:37 Total 9 8 June 2007 Friday 14:28 Total 1 9 June 2007 Saturday 10:03 Total 1 11 June 2007 Tuesday 13:57 11 June 2007 Tuesday 14:59 11 June 2007 Tuesday 15:10 11 June 2007 Tuesday 15:46 11 June 2007 Tuesday 16:52 11 June 2007 Tuesday 18:04 11 June 2007 Tuesday 18:21 11 June 2007 Tuesday 18:22 11 June 2007 Tuesday 18:22 11 June 2007 Tuesday 18:22 Total 10 12 June 2007 Wednesday 12:39 Total 1 14 June 2007 Thursday 08:12 14 June 2007 Thursday 09:23 14 June 2007 Thursday 10:51 14 June 2007 Thursday 11:54 14 June 2007 Thursday 13:03 14 June 2007 Thursday 14:07 Total 6 Total Calls Received 78

Have big BIG issues with Vanquis ! see my thread Vanquis Hell for details.... http://www.consumeractiongroup.co.uk/forum/other-institutions/98286-vanquis-hell.html

The best route, IMO, would be to sort the solicitor first, then pay into their client account, that way it is easily accessible for their disbursements etc, when they need them. They can give R & P's when we require etc.

So, bailiff's are involved yet you are paying the money direct to the council? What about the bailiff charges, has a bailiff been to your property and levied distress? has he or she been inside your property and taken an inventory? Answers to the above will determine any further course of action

I have been reading Morgy's post with great anticipation and I am now doing the same with this. I am going to re-mortgage soon and I too will be hit with ERC's so i too am in the same boat. I am more than prepared to help in any way I can, I have a strong legal and accountancy background as I currently work for a well established Insolvency Practitioner and also run a seperate office under their name. I tend to rub shoulders with very good solicitors and high level financiers who will support such actions. Just waiting on where to send some money too............. Lets sort this mess out once and for all, and stop the [EDIT] organisations taking money from people who clearly have not got it, makes me sooooo mad

Ok Guys, Some time has passed since I last wrote about this and much has happened. The car belongs to the firm, they bought it, I drive it, they sent various notices to the firm to which by boss, a very nice fellow told them to stuff off, he has no interest in it as it was on a weekend. So I wrote many letters back to their tiresome letter sending to the firm, stating I was the dirver, sight me and only correspond with me, failure to do so will result in my firm issuing you with a bill for my chargeable time expended dealing with your incorrect claim within working hours. Whilst doing this I had a brain wave, why not write to B&Q and esk why they employ licensed bandits to bully and extort paying customers ? See letter below; The Directors B & Q plc Portswood House 1 Hampshire Corporate Park Chandler’s Ford Eastleigh Hampshire SO53 3YX 8 December 2006 Our ref: pc.mini.b&q Your Ref: Dear Sirs Central Ticketing I write with reference to a parking charge received whilst shopping at your B & Q store in Burton Upon Trent on the 5 August 2006. I enclose for your attention all the correspondence sent and received to date in respect of this charge. You will note that I was indeed a paying customer despite the ticket stating I was not, and further more I have been a paying customer for a considerable amount of years and have spent a substantial amount of money in your stores. I am clearly not paying the charge as they have issued it inaccurately, incorrectly and based on conjecture, and I will defend it to the utmost of my capability. I write to you for your comments on why you utilise the services of such parking enforcers and are you comfortable in the knowledge that they issue incorrect tickets and then attempt to bully your customers out of extortionate amounts of money? As directors of a company you have a fiduciary duty to all parties that are connected to your company, and this extends to the customers, and I do not feel you are acting in the best interest of the customers by employing and allowing such licensed bandits to bully and extort paying customers. If this matter does extend to a court of law, to which it will then become public knowledge, I will endeavour to publicly embarrass all parties concerned including B & Q and inform the general public that you support bullying and extortion. I therefore request that you inform your parking enforcers to desist from pursuing the claim and undertake and investigation into the policies and procedures of your parking enforcers, namely Central Ticketing. I welcome your prompt response and trust that you will deal with this sensitive matter accordingly. Yours faithfully Phillip J Charman During the Christmas break I received a letter from one of the many directors stating he was sorry, he will review his parking procedures and look into Central Ticketing and advise me accordingly and also that he has told them to waive the charge !!! VICTORY !!!!!!!!!!

Well I received a repty today !! it goes a little something like this, Dear me, I am sorry that you are unhappy with the response from ms schofield concerning the termination notice that is registered with the credit reference agengies. [funny I thought it was a default notice registered] I have investigated your complaint and Ms Scholfields response and wholy agree with her response. As we have already informed you, the bank demanded the repayment of the overdraft on the 23 December 2005. The bank are not required to keep a copy of the original termination notice but a copy of the original document is saved on the banks computer. I note you have received a copy of it already and that is all we are required to provide you with. I do apologise that due to a systems error the incorrect termination date was put on the final warning letter. The recording by the bank of default details with credit refernce agencies is not governed by the consumer credit act. Disclosure of information to the credit refernce agencies is governed by the data protection act. The standard practise for recording such information, which is followed by all banks was agreed with the data protection registrar and is now incorportated in the banks code of practise. Any personal account which is in default may be recorded provided that the bank has not received a satisfactory response to formal demand and notice of intention to disclose. When a termination notice is sent the bank gives you time to try and rectify the account. We can only register the default once the account has been closed and transferred the branch recovery unit. When the default is registered it is always the date that the termination notice was issued. I have requested our retail banking department to provide you with a copy of the opening form with your signature on. I am sorry if this is not the answer......standard bull poo. Ok, so now a different tactic I think, if they cant supply me with my opening form then there is not permission to disclose the data, correct??? Im sure they must have supplied a default notice to tell me it was in default, im all so confused now, I would much rather try and beat them before Court, because I think my case is weak and I dont know enough regarding termination notice and default notices. Im hoping they cant get the opening form............ Can anyone out there help????

Hi, Quick detail: Submitted a claim for a laptop on the 8 September 2006, it got delivered yesterday ! In between this I had to do all the calling to find out how the claim was progressing and I just got fobbed off every time and no-one returned my calls. So i wrote to the insurers detailing what had happened, 4 letters later I get a letter stating they are confident it is not their fault and they will revert in 28 days. I write back stating 28 days is an insult and I want a response within 7 days as i have already waited over 2 months. They have wrote back stating the people who took the laptop for survey were a third party and cannot comment and that the loss adjusters have admitted they could have been more pro-active in sorting it out. So....I want to submit a compensation claim for being laptopless for nearly 3 months, my time chasing and my postage etc, whcih i would not have incurred in the normal course of an insurance claim. Anybody got any ideas what I should be claiming i.e. how much etc and what for?

Hi there people, I of course are on the same mission as everyone else, i have been trying to get old defaults and settled accounts removed removed. I wrote to Experian: ##### ##### ##### ##### Experian Limited Consumer Help Service PO Box 9000 Nottingham NG80 7WP 6 November 2006 reference no: ######### Dear Sirs, I wish you to remove the following entries from my credit file as they relate to contracts that have either ended or expired. With the ending of each of these contracts, so does my permission for my data to be processed. There was no section within the Terms & Conditions of the civil contract I entered into that contained any right or perceived right that the supplier would continue to process my data following the ending of our contract. Quote from Experian Consumer Compliance Executive on 6th September 2006 “I can also confirm that as far as we are aware there is no specific piece of documentation or legislation that provides us with the right to retain your information for six years from the date an account is settled. It was agreed throughout the credit industry that six years is considered a reasonable amount of time for account data to be retained from the point that an account is settled in accordance with the 5th Data Protection Principle. This information would only be retained with your consent as per the terms and conditions of the particular account you held.” Therefore please remove from my credit file all entries listed below for the reasons identified above: C1: Lloyds TSB Bank Plc: Satisfied – please remove this entry as my contract with Lloyds TSB bank Plc has ended and so has my permission for them to share my data with you. There is no public information associated with this account such as CCJs, Bankruptcy orders etc. C2: Lloyds TSB Bank Plc: Settled 06/05/06 - please remove this entry as my contract with Lloyds TSB bank Plc has ended and so has my permission for them to share my data with you. There is no public information associated with this account such as CCJs, Bankruptcy orders etc. C5: Citifinancial : Settled 18/10/06 - please remove this entry as my contract with Citifinancial has ended and so has my permission for them to share my data with you. There is no public information associated with this account such as CCJs, Bankruptcy orders etc. C6: Citifinancial: Settled 18/10/06 - please remove this entry as my contract with Citifinancial has ended and so has my permission for them to share my data with you. There is no public information associated with this account such as CCJs, Bankruptcy orders etc. C7: Citifinancial: Settled 30/01/06: please remove this entry as my contract with Citifinancial has ended and so has my permission for them to share my data with you. There is no public information associated with this account such as CCJs, Bankruptcy orders etc. C8: Citifinancial: Settled 08/08/06: please remove this entry as my contract with Citifinancial has ended and so has my permission for them to share my data with you. There is no public information associated with this account such as CCJs, Bankruptcy orders etc. C10: Barclays Bank Plc – Satisfied: please remove this entry as my contract with Barclays Bank Plc has ended and so has my permission for them to share my data with you. There is no public information associated with this account such as CCJs, Bankruptcy orders etc. C13: C L Finance Limited – Satisfied: please remove this entry as my contract with C L Finance Limited has ended and so has my permission for them to share my data with you. There is no public information associated with this account such as CCJs, Bankruptcy orders etc.. C14: Barclaycard – Please see attached letter indicating I have paid in full: please remove this entry as my contract with Barclaycard has ended and so has my permission for them to share my data with you. There is no public information associated with this account such as CCJs, Bankruptcy orders etc. C15: Natwest Credit Cards – Satisfied: please remove this entry as my contract with Natwest Credit Cards has ended and so has my permission for them to share my data with you. There is no public information associated with this account such as CCJs, Bankruptcy orders etc. C16: Legal Direct Recs – Satisfied: please remove this entry as my contract with Legal Direct Recs has ended and so has my permission for them to share my data with you. There is no public information associated with this account such as CCJs, Bankruptcy orders etc. C18: HSBC Branch Banking – Satisfied: please remove this entry as my contract with HSBC Branch Banking has ended and so has my permission for them to share my data with you. There is no public information associated with this account such as CCJs, Bankruptcy orders etc. C19 & C20: Vodafone – Satisfied: please remove this entry as my contract with Vodafone has ended and so has my permission for them to share my data with you. There is no public information associated with this account such as CCJs, Bankruptcy orders etc. C22: National Westminster Bank – Satisfied: please remove this entry as my contract with National Westminster Bank has ended and so has my permission for them to share my data with you. There is no public information associated with this account such as CCJs, Bankruptcy orders etc. Regards, Me I today received this: Dear Mr Me, Thabk you for your letter dated 6 November 2006, which has been brought to my attention in the Directors' Office. In view of your comments about the Barclaycard account, entry C14, i am writing to them for you. This is beause I cannot amend your report without their consent. i will let you know what they say as soon as they reply. [Does this sound familiar?] While I investigate your comments, i am adding the following statements to the entry you have queried. "THE ACCURACY OF THIS DATA HAS BEEN DISPUTED BY THE INDIVIDUAL CONCERNED AND WE HAVE NOW CONTACTED THE SUBSCRIBER. CARE SHOULD BE THEREFORE TAKEN WHEN USING THIS ITEM OF DATA TO ASSES THE CREDITWORTHINESS OF THE INDIVIDUAL CONCERNED." I am telling all the companies that have searched your credit report in the last six months of the change to your information. With regards to the issue of your consent, we have recently been in contact with the Information Commissioner in connection with defaulted accounts being retained for six years from the date of default. The Information Commissioner has recently informed us that we do not require your consent to process account information about you. As you may be aware the first data principle states that: personal data shall be processed fairly and lawfully and, in paerticular, shall not be processed unless: at least one of the conditions in schedule " is met; and in the case sensitive personal date, at least one of the conditions in schedule 3 is also met One of the conditions for processing in shedule 2 is that the individual has given consent to the processing. It is the view of the Information Commissioner that consent is not easy to achieve and that organisations should consider other conditions for processing before looking at consent. In the context of applying for credit, consent to share information with the credit reference agencies cannot be freely given. This is because if you do not agree to your data being shared then your application will simply be rejected. in other words you have no choice if you want the credit on offer. The Information Commissioner has notified us that the condition for processing below covers the sharing of account data with the credit reference agencies for the duration of a contract and six years beyond "the processign is necessary for the purpose of legitimate intersts by the data controller or by third party or parties to whom the data are disclosed, except where the processing is unwarranted in any particular case because of prejudice to the rights and freedoms or legitimate interests of the data subject" We have been informed that the Information commissioner takes a wide view of the legitimate interess and considers that it is in the intersts of other creditors to make formal lending decisions. The fifth data protection priciple states that: personal data processed for any purpose or purposes shall not be kept for longer then is necessary for that purpose or those purposes. Account information is held by credit reference agencies for a period of six years after the account was last active. in addition to current credit commitments, the preceeding six years of an individuals credit history is taken into account by credit grantors when applications for credit facilities are assessed. As a consequence, this historical information is relevent tot he purpose of credit referencing and by holding this data the Information Commissioner has confirmed that the credit reference agengies do not appear to eb in breach of the fifth principle. If you have any further query etc blah blah What should I do now, i feel very very lost..........

Hi guys and gals, Not sure if it's in the right area but I have quite a nice little story that should pass your time today....here goes. My sister in law and brother in law are having a baby, they have struggled with cash ever since he left the forces, being in insolvency they naturally turned to me to look for guidance, my advice, stick it out for a while, ill help you should you need it, your going to get pay rises soon plus your child tax credits etc, so it should be ok. However, they decided to get a consolidation loan and approached YES loans as credit history was scorned. Anyway, they rang them and decided they could do it, so they sent off their £49.50 admin fee, they received a letter and some poxy pre filled form, filled in incorrectly, so they sorted it. They were told someone would call them and let them know how their application was going.......noone called, so they called them, sorry sir your application has been declined:evil: , yeah right, robbing gits...... So i suggest they get their credit file and check for a footprint, so they did, what a suprise not a single footprint in six months !!! "I tell you what, ill get that money back for you, no problem" so I wrote, ##### ##### ##### ##### ##### Yes Loans Limited Tintern House William Brown Close Llantarnam Park Cwmbran NP44 3AB Our ref: GI/Yes/1 Your Ref: ###### 19 October 2006 Application Reference ####### Dear Sirs I write with reference to the above application and your letter of 16 August 2006. I paid you £49.50 as an administration fee and would welcome your comments on what this fee is used for detailing personnel charge out rates and time charged when working on my file. Furthermore your letter indicates that I would be contacted by a member of yes loans within the timeframe indicated to confirm the status of my application, this was not done and I had to ring yes loans who ultimately informed me I had been declined a loan. Upon receipt of my credit file it would appear that no footprints have been left in any time period yes loans were involved with my personal affairs indicating no credit checks have been carried out by yes loans, a client or subsidiary. I therefore question the legitimacy of the application and request all information relating to this matter and the administration fee of £49.50 being remitted within 7 days. Failure to do so will result in a formal complaint being made against yourself with your licensing body and a demand for a thorough investigation being made. Yours faithfully The Brother in law Apparently they tried to call him, but he said it was not a good time.. Anyway, two days ago I get a phone call, guess what I got in the post, a cheque for £49.50 with a complete bullpoo letter stating they were very sorry I wished to cancel the application:-? Er, no, you effectively stole £50, and I had you lot bang to right, you had done sweet nothing for my families £50, which now is going to provide some nappies or something special at Christmea as they thought they had lost it. So if anyone else has had the same experience try it, you might like. Oh, she went into labour this morning at 4.00am so, hopefully I will be an uncle very shortly..he he he:p

£1900

Hold on............. just been reading through the correspondence received from Barclays and the Final Warning : legal Action dated 3 February 2006 states that if i do not pay the legal department will register name etc with one of following CRA's. Now they terminated on 23/12/05 and this is when the default was registered but the file was updated the period 06/08/06 does this mean they have processed data outside of the contract and they registered the default before they submitted the paperwork, it all very confusing now.....

on the grounds that I never received the default notice and now that they are still processing data after they have terminated our agreement. My charges are only about £300 and the defaulted amount is settled and has been for a year or more

I have sat and thought about it all day, what we need is the complete legislation surrounding default notices and termination notices and the time frames of when they should be submitted. I am very unsure and it is very unclear how the banks operate here, should; a default notice be submitted before a termination notice, if so by how many days and can a default be registered without the submission of a default notice ? and when should the default be registered??? Also how do you know that the true signed certified copies of termination notices are indeed true, because I seem to be getting lots of rubbish documents that are incorrect and then when I question them some Bullpoo story about them being computer generated. Whats the legal format of certifying documents. I think proof of postage is another thing we should look at also, as its ok for a bank to say well we sent it, can they prove it ??? tricky stuff eh......

I have a true copy of the termination notice BUT the date on the Legal Letter states failed to respond to termination notice isuued 6/12/06 and the termination notice is dated 23/12/05 ? No default notice has been sent to me, there is not one and I don't ever recall receiving the termination notice either else I would have responded. makes me mad:mad:

Ok, so this is what i was going to write, Barclays Consumer Finance Customer Relations PO Box 362 Manchester M60 3PN Without Prejudice Date: 10 November 2006 Our ref: Barclays.default.2 Your Ref: 10021K15 Dear Sirs Account number – xxxxxxxx Sort Code – xx-xx-xx Thank you very much for your letter dated 8 November 2006. Ms Schofield stated that she could not add any further comments regarding the Default Notice I have repeatedly asked for and I make the assumption that you do not have one. Ms Schofield repeatedly refers to the Termination Notice, which I am not interested in as it does not substantiate a default being registered against my name. Ms Schofield on the 30 October 2006 sent me falsified documents, namely copies of a Termination Notice and Final Warning Letter, copies are enclosed for ease of reference. Upon questioning a rather dubious attempt at an explanation was made that clearly does not quantify the falsification and passing off of true legal documents. Further copies alleged to true have been received but I note, and questioned in my letter of 6 November 2006 that the final warning that is allegedly an authentic copy states that “you have not complied with the terms of the Termination Notice issued on 06/01/2006”. However, the Termination Notice that also is an alleged authentic copy is indeed dated the 23 December 2005. To which I have received no explanation. You also state that you have met your legal obligation by sending the termination prior to registering the default and then in the next line you state that the default is registered on the date the termination was issued and this is correct. The two statements above are completely contradicting and I welcome you to supply me with the relevant legal obligation in respect of this. I also requested a copy of my original account opening form with my signature on it, which has yet to materialize. I am not prepared to continue this completely juvenile charade and be classically ‘fobbed’ off by standard letters form someone in the customer relations department. This is rapidly growing into a legal matter and will no doubt result in a court case and the publication of how Barclays Bank representatives attempt to provide false documents, contradict statements and have no idea of the legal obligations they are bound by. You now have 12 days from the date of my original letter of 24 October 2006 to supply me with the default notice. If indeed you do not have a copy you must remove the default without fail. Yours faithfully Phillip J Charman So you think I should include the stat notice and then file in court, does this actually ge the default removed ??

Sure are, all have been closed for at least a year.

good god no, for clarification, I dont owe anyone a penny all defaults are settled and have been for at least a year, they are a pain and im sure I settled alot of them if not all without gettign default notices, as they were accounts i was well aware of their overdrawn state etc. i just dont know what to do now, im all lost and need some help.

how would an N1 force them to remove the default, the default is for £1900 my charges are £300? Plus the N1 is for charges only is it not, forgive my stupidity I am new and very scared to the bullying the bank scenareo

Hi guys, i am currently trying to get my charges back and that i suppose is going ok. I am also attempting to remove a default that was registered. After many letters back and forth they have failed to supply a default notice but have supplied a termination notice. The last letter I wrote was; xxxxx xxxxx xxxxx xxxxx xxxxx xxxx xxxxxxxxxxxx Barclays Consumer Finance Customer Relations PO Box 362 Manchester M60 3PN Without Prejudice Date: 6 November 2006 Our ref: Barclays.default.2 Your Ref: xxxxxxx Dear Ms Scholfield Account number – xxxxxxxx Sort Code – xx-xx-xx Thank you very much for your letter dated 2 November 2006. I am disappointed to note that despite two requests you still insist on sending me documents that I have not asked for and that are not relevant. I require a signed true and certified copy of the original default notice as required by the conditions of the Consumer Credit Act 1974 sent to me prior to the default being registered against my name. A termination notice is not sufficient and does not substantiate the default being registered. Furthermore, I also note that your final warning that is allegedly an authentic copy states that “you have not complied with the terms of the Termination Notice issued on 06/01/2006”. However, the Termination Notice that also is an alleged authentic copy is indeed dated the 23 December 2005. Again I am faced with the same problem as before, as none of your paperwork actually matches and it is becoming clear that Barclays Bank plc are incorrectly issuing documents and then staging rather poor cover ups to hide the despicable mess they find their selves in once questioned. That Said, I must draw your attention to the fact that you entered the default of the exact date of the termination notice and therefore, my written permission allowing Barclays Bank Plc to continue processing, or disclosing, my personal subject data was revoked upon termination of that original contract and I hereby reiterate that revocation. As you are aware, I am afforded principled rights under the Data Protection Act (Data Protection Act), Schedule 1, Part 1 ("The Principles") in relation to the manner in which my data is collated, stored and processed. Of particular note, are Principles 3, 4 and 5: “3. Personal data shall be adequate, relevant and not excessive in relation to the purpose or purposes for which they are processed. 4. Personal data shall be accurate and, where necessary, kept up to date. 5. Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.” In my case, Barclays Bank Plc is still processing data after the cancellation of the contract, whether or not this is a simple renewal process of the default flag, daily or by other timing factor. As that contract is no longer in situ, then my written permission has also ceased from the date of cancellation. This is confirmed in Principle 2 of the Data Protection Act, which states: "2. Personal data shall be obtained only for one or more specified and lawful purposes, and shall not be further processed in any manner incompatible with that purpose or those purposes." I emphasise the term "specified and lawful purposes" as in ‘those specified within the contract’, and no more. I also emphasise the term "shall not be further processed". You now have 16 days from the date of my original letter of 24 October 2006 to supply me with the default notice. Failure to do so will not only lead me to take this matter to the Banking Ombudsman, as you suggested, The Office of Fair Trading and the Information Commissioner's Office, detailing how you have submitted information against my file without serving correct documentation and how you fashioned documents for the purpose of covering letters, with a very poor explanation, but also to collate my case and apply to the court for an order for removal of such notice. I would also like to hear a judge’s comments on how you have fashioned documents for the purposes set out in your letters and whilst I write I would also like to have sight of my original account opening form. Yours faithfully Phillip J Charman They have replied stating; Thank you for your letter of 6 November 2006 As regards the copy of your Default notice there is nothing further that I can add. This wuery has been covered in my previous letters. the original termination notice was sent to your prior to the closure of your account. The copies I ahve provided are true copy of the original, and as previously explained they are computer generated. The bank ahs met its legal obligation to you by sending the termination notice prior to registering the default. The date that the default is registered is the date that the termination was issued, this is also correct. the default remains on file for a period of 6 years from the date first registered, whether the debt is repaid or not. I am sorry that you are not happy with the answers that you are receiving from us in relation to this matter, however the fact remains that the bank has registered the default correctly on you file. We ahve not broken the terms of the data protection act in the continuing registering of this debt. I have enclosed two leaflets for you one is produced by the credit reference angencies and the other explains th eprocedure should you wish to take your compalint to the Banking Ombudsman if you still remain unhappy with our response. Yours sincerely Complete loser... Any suggestion of what I can do, they still have not sent the things I asked for and im at a loss, i need to tie them up and then bang the gits in court. :evil:

Hi guys, i am currently trying to get my charges back and that i suppose is going ok. I am also attempting to remove a default that was registered. After many letters back and forth they have failed to supply a default notice but have supplied a termination notice. The last letter I wrote was; xxxxx xxxxx xxxxx xxxxx xxxxx xxxx xxxxxxxxxxxx Barclays Consumer Finance Customer Relations PO Box 362 Manchester M60 3PN Without Prejudice Date: 6 November 2006 Our ref: Barclays.default.2 Your Ref: xxxxxxx Dear Ms Scholfield Account number – xxxxxxxx Sort Code – xx-xx-xx Thank you very much for your letter dated 2 November 2006. I am disappointed to note that despite two requests you still insist on sending me documents that I have not asked for and that are not relevant. I require a signed true and certified copy of the original default notice as required by the conditions of the Consumer Credit Act 1974 sent to me prior to the default being registered against my name. A termination notice is not sufficient and does not substantiate the default being registered. Furthermore, I also note that your final warning that is allegedly an authentic copy states that “you have not complied with the terms of the Termination Notice issued on 06/01/2006”. However, the Termination Notice that also is an alleged authentic copy is indeed dated the 23 December 2005. Again I am faced with the same problem as before, as none of your paperwork actually matches and it is becoming clear that Barclays Bank plc are incorrectly issuing documents and then staging rather poor cover ups to hide the despicable mess they find their selves in once questioned. That Said, I must draw your attention to the fact that you entered the default of the exact date of the termination notice and therefore, my written permission allowing Barclays Bank Plc to continue processing, or disclosing, my personal subject data was revoked upon termination of that original contract and I hereby reiterate that revocation. As you are aware, I am afforded principled rights under the Data Protection Act (Data Protection Act), Schedule 1, Part 1 ("The Principles") in relation to the manner in which my data is collated, stored and processed. Of particular note, are Principles 3, 4 and 5: “3. Personal data shall be adequate, relevant and not excessive in relation to the purpose or purposes for which they are processed. 4. Personal data shall be accurate and, where necessary, kept up to date. 5. Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.” In my case, Barclays Bank Plc is still processing data after the cancellation of the contract, whether or not this is a simple renewal process of the default flag, daily or by other timing factor. As that contract is no longer in situ, then my written permission has also ceased from the date of cancellation. This is confirmed in Principle 2 of the Data Protection Act, which states: "2. Personal data shall be obtained only for one or more specified and lawful purposes, and shall not be further processed in any manner incompatible with that purpose or those purposes." I emphasise the term "specified and lawful purposes" as in ‘those specified within the contract’, and no more. I also emphasise the term "shall not be further processed". You now have 16 days from the date of my original letter of 24 October 2006 to supply me with the default notice. Failure to do so will not only lead me to take this matter to the Banking Ombudsman, as you suggested, The Office of Fair Trading and the Information Commissioner's Office, detailing how you have submitted information against my file without serving correct documentation and how you fashioned documents for the purpose of covering letters, with a very poor explanation, but also to collate my case and apply to the court for an order for removal of such notice. I would also like to hear a judge’s comments on how you have fashioned documents for the purposes set out in your letters and whilst I write I would also like to have sight of my original account opening form. Yours faithfully Phillip J Charman They have replied stating; Thank you for your letter of 6 November 2006 As regards the copy of your Default notice there is nothing further that I can add. This wuery has been covered in my previous letters. the original termination notice was sent to your prior to the closure of your account. The copies I ahve provided are true copy of the original, and as previously explained they are computer generated. The bank ahs met its legal obligation to you by sending the termination notice prior to registering the default. The date that the default is registered is the date that the termination was issued, this is also correct. the default remains on file for a period of 6 years from the date first registered, whether the debt is repaid or not. I am sorry that you are not happy with the answers that you are receiving from us in relation to this matter, however the fact remains that the bank has registered the default correctly on you file. We ahve not broken the terms of the data protection act in the continuing registering of this debt. I have enclosed two leaflets for you one is produced by the credit reference angencies and the other explains th eprocedure should you wish to take your compalint to the Banking Ombudsman if you still remain unhappy with our response. Yours sincerely Complete loser... Any suggestion of what I can do, they still have not sent the things I asked for and im at a loss, i need to tie them up and then bang the gits in court. :mad:

Sorry to hijack, I started the ball rolling the other day on charges, just waiting now, this has made waiting for the post enjoyable now........... Keep us posted

Hi, I work for a insolvency practitioner, I am the insolvency manager and now run a seperate office. I can help you with an IVA if you would like or if you would simply like to chat to someone you can PM me and ill divulge the office numbers. Im not fishing for work as I mainly do Corportate Recovery, i just think it would be better for someone who you can see is active on this site and doing similar things to you to be of help. let me know...... Phil

so should a default notice be served before a termination notice ? very confusing, sorry to be a pain:(