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FergalThang

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  1. Well, I thought I should give a quick update on this. I today received an email from Experian advising that they had received notification, from the company that had registered the defualt, that the entry should be removed from my file!!! It seems that sometimes the system does work!! Happy days!
  2. Afternoon all, I would be grateful if anyone could pass comment on whether you believe I may have grounds for approaching HSBC in order to have a default removed from my file. I have read with interest other threads, most notably chris1977’s which appears to have been successful and I believe given the situation that he was in, that I may (he says) have reason to take this forward. To give a bit of background, I took out a managed loan (I know…!!) in around 2003/4 which, due to personal circumstances, I defaulted on in January 2005. This was passed to a debt collector and settled in full in December 2007. The points that I have are as follow and if you think I would be fighting a losing battle, please do let me know!! 1. I honestly have no recollection of receiving any default notice. This could very well be down to my own ignorance at the time, however I will be requesting copies of both this and the original application form as well as any deed of assignment as a first point of call. I think I know what to look for in respect of CCA wording etc, but if I am struggling is it likely anyone on here would be able to clarify? 2. The managed loan itself was consolidation of one loan (which was taken out to clear a previous overdraft facility) and an unauthorised overdraft in place at the time. On the basis that both the original loan and the managed loan were taken out to cover overdraft borrowings, that in part, consisted of £1,800 of charges (which have since been refunded to me in April 2008 ), am I able to dispute the default on this basis, as the default amount being incorrect? 3. At the time of my defaulting on the loan and the account being passed to the debt collector, in January 2005, no default was recorded on my credit file with any of the three CRA’s. Unsurprisingly I chose to let that be and thought no more of it until in April of this year when applying for a mortgage I was declined. This is did surprise me as in the intervening period since 2005 I have opened a bank account, new credit card and car loan as well as started working for a Bank no less!! On checking the credit files the default had appeared out of nowhere on Experian and Call Credit, over 4 years since the account originally defaulted. Given that HSBC are expected to record the information accurately, does the fact that this was never added to my file until 4 years after the event have any recourse? A separate point worth noting is that I spoke to the company with whom the default is showing under, a company named TESSERA, and they said that they would investigate and try and obtain original documents etc. This was back in April and they have heard nothing since, they say that they cannot remove the default as it was registered by HSBC. I have also spoken to Callcredit, who have done likewise, and heard nothing aswell. They have however suppressed the entry on my file until such time as they hear otherwise. Experian on the other hand, having also heard nothing are doing nothing more than suggest I place a notice of correction. This is leading me to believe that HSBC do not have the documents, which has led me to posting this rather long winded entry. Hope I havn’t bored you reading this, but any advice or suggestions would be gratefully received. FT
  3. To paint a bit of a background picture, I have since late 2006 opened new bank accounts received a new credit card with a £5,000 limit and also taken out a car loan with no problems at all. In April my wife and I had our first child and I decided at this point to consolidate the whole lot and save as much money as possible. On applying for a loan I was declined by two separate providers, both of whom said the usual refer to your credit file. I have for the last few years been using checkmyfile and on checking my report a default was recorded on the Callcredit report but not on Equifax. Then, on registering with Experian saw that the same default was registered there as well. What is concerning is that I have absolutely no idea what the default relates to. Having contacted the company direct (a firm called Tessera, apparently a debt collection agency) I was advised that the default was settled in full in December 2007 have originally been registered in January 2005. I disputed this with them and asked that they provide me with full details. To date, some 4 months since enquiring I have had no response despite chasing on several occasions. I contacted Callcredit at the same time who said that they would contact the company on my behalf, which it would appear that they did, as they later contacted me to advise that the company had not responded to their request and as such they were removing the entry from my file. Which they did straight away. I also contacted experian who again said that they would contact the company. They also have heard nothing to date however they are point blank refusing to remove the entry from my file despite neither they or myself having had any contact from the company. All they are suggesting is to add a notice of correction (about which I have read varying reports on!) I am at a loss as to what to do, as this entry on my experian report is basically killing any chance of credit going forward and neither experian or the company seem to give a monkeys!. I basically have three questions and would be grateful if anyone who has had any similar experience could help. 1. The default was registered in January 2005 but only appeared on my file 4 years later, is there are ruling on date having to be accurate, therefore recorded accurately and on time? 2. Do I have any comeback with experian given that they have not been able to get any information from the company. Or should I (in vain) contact the ICO in this respect? 3. Should I register this with CIFAS? I have no reason to believe that any other accounts have been opened in my name, so can only assume that this is an error, or will that further hamper credit applications in the future?Sorry for the long winded post! Any advice would be gratefully received!!! FT
  4. Morning folks, I would be gratfeul if anyone could give some input ona quick question. Like several people, I have been hit by Llloyds new charges to the tune of £135 for being overdrawn for 8 days whilst on holiday. I have spoken to the branch in the vain hope that they would be reasonable and reduce the charge to their previous level of £30, which it is no surprise they refused to do so. I am planning on skipping the sending of nice letters to them and taking the matter straight to court. Now, when I do, I understand that the defence will ask that the case be put on hold pending the decision on the test case, however, given that the charges are in direct contravention of the condition of the waiver should I ask that the court consider the waiver null and void given that the charges have been changed? Any advice much appreciated.
  5. Afternoon all, I am hoping that with your wealth of experiece you may be able to help me shed some light on a default that I have registered against me with Cabots. I decided to have a look at my credit report, out of interest more than anything else, and there is an entry there for Cabots for the amount of £1,300 approximately. I phoned them up to ask what this was for an it is apparently for a credit card in my name with a company called Peoples Bank. Now I have done google searches for them and all that turns up is a company in America, which I cannot imagine is the one they are referring to. Has anyone ever heard of them? Having read threads about Cabots I can gather that they are not the best in the world. Plus they have told me that the figure now due is over £2,000!! Should I do the same as most people have done in this situation and write to them and ask for copies of the agreements etc? Any advice would be gratefuly appreciated. Thanks.
  6. Hi Everyone, Just a quick post if I can before I send off my first letter. Having read the recent thread about being able to claim back more than 6 years worth of charges, I have been advised by Lloyds TSB Card Services that they catagorically cannot provide me with statements going back more than 6 years. Now I am looking to claim going back to 1993 when the card was opened. I have no way of proving what charges were applied to my account during the period that they cannot provide statements for. Given that this is the case, do you think it prudent to ask for, say, £50 per year going back from 2000 to 1993, a total of £400, in addition to that which I am claiming, for the period I do have statements for. Suggesting that unless they can prove otherwise by providing statements for these dates, that I feel that this is a fair and accurate representation of charges accrued? Not sure if anyone else has tried this approach, if anyone has or even has a better suggestion or alternative approach I would be very grateful!! Cheers.
  7. Ahhh, tried to pm him, but his inbox is full!! Will try again shortly
  8. Happy days for us all, how did everyone else get on? Oh yeah, how do I change the topic to those wonderful words ***WON*** and whom should I pm to get it moved Lloyds TSB are next in my sights
  9. Well, what can I say apart from thank you to each and everyone of you who's posts have been invaluable for this little journey!! Cheque has been received in full and final settlement, however had it not been for the support and advice on here, I would not have known where to start!!! As soon as the damn cheque clears a donation will be on it's way. Thanks again to you all, and to those of you still in the process, don't give up!!!!
  10. Netty, congrats!!! I am, on return from a wedding north of the border, the bearer of good news, a cheque for full and final settlement in my back pocket!! Great work!!!
  11. Thanks!! They are apparently settling, at least that ios what they said on the phone when I rang them, just waiting on the damn cheque now which will take 7-10 days!!
  12. Great news Netty!!!! I am watching the post avidly awaiting my cheque too!! Let's see if they get the cheque to us in a reasonable amount of time!!! How many of the dozen still to go?
  13. Well I sent my offer acceptance with amended conditions yesterday and spoke to them today over the phone. They have said that they will be settling this week and I can expect my cheque within 7-10 days, although they also said they send them out on Fridays.... :-| I mentioned the AQ and they said not to submit it as they had accepted my offer (it is due on the 11th). Am reluctant not to submit it but can't be bothered with the hassle of it. On the up side the call they made to me is recorded as I was at work so could always send them a recording if they get dirty!!
  14. Netty you will be fine, I got an offer over the weekend from the lovely rachel who I rang today as they want to pay the full amount to a fictional debt that I have with them which was interesting!!!! Have retunred it saying cheque in my own name on, plea, thankyou very much. I am sure yours will be next!!
  15. Ok have done a bit more digging and they are talking absolute nonsense about the Metropolitan Collection Services. It would appear that I did pay them a monthly sum back in 2000, but nothing since!!!! Have drafted up a letter of response and would be grateful if anyone would add any thoughts on what to add or remove. D&G Solicitors 12 Calthorpe Road Edgbaston Birmingham B15 1QZ 24 February 2007 WITHOUT PREJUDICE Dear Sirs I acknowledge receipt of your letter dated 22 February 2007 and your settlement offer of £xxxx. I am willing to accept your offer as full and final settlement for this claim of bank charges made on my account between xxxx and xxxx. However I cannot agree to the further conditions of acceptance that you have attached to this offer, namely HSBC seeking my confirmation that this payment will be treated as confidential. I am not prepared to agree to any confidentiality clauses you try to impose, unless of course your client wishes to make an offer of due consideration in addition to the amount of £xxxx, in order to be afforded this privilege by myself Furthermore, I would like to take the opportunity to point out that I do not have any accounts, nor do I hold any agreements or have any outstanding debt with Metropolitan Collection Services in relation to any accounts previously held with HSBC Bank Plc. As this is the case I would respectfully request that payment of the aforementioned sum of £xxxx be made payable by cheque, drawn in favour of xxxx, issued to the address quoted above and that the terms of offer be accepted as amended in the attached signed offer acceptance. I will be willing to withdraw my claim and will send a Notice of Discontinuance to the Court upon receipt of unconditional full settlement of my claim. If confirmation of your acceptance and full payment is not received within 7 days, I will proceed with submission of the Allocation Questionnaire, which will result in a further £100.00 being claimed in addition to the sum quoted. Should you not accept my own conditions for acceptance or choose to withdraw the offer of £xxxx, plus any additional costs which may arise, please be aware that I shall be left with no option but to continue with my claim through the small claims court. For the avoidance of doubt, I wish to stress that I do not accept your offer under the terms stated in your letter and have amended the enclosed offer of acceptance accordingly. I trust that you will find this arrangement acceptable. Yours faithfully
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