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Found 34 results

  1. Hopefully this hasn't been covered elsewhere - I've spent lots of time trawling the Erudio forums. I have student loans from 1998 & 1999 which have been transferred to Erudio. I have an earlier loan with Thesis and so they handle my deferment application for all three loans. I came off a period of deferment in March 2016 but Erudio did not start collecting payments via direct debit until September 2016 meaning there were a total of 6 monthly payments that were not collected. I wasn't on top of my admin last year and so didn't pick up that only Thesis were collecting for those six months and when the Erudio annual statement came in September, I filed it with only a cursory glance. Looking at it now, it states arrears of ~£500 on the account but with no details of how they've arisen or how I could pay them off. hey're in no way highlighted which is why I didn't notice them. I received a default notice from Erudio in May 2017 which is the first communication I've had from them regarding the arrears. Calling them, I was told it must be because I hadn't supplied my direct debit details. However my bank account and address haven't changed since they were last successfully collecting payments in 2014 and they've been collecting payments since September 2017 without me providing any further details so thats not a reasonable excuse. My thoughts are that sending out my annual statement has somehow triggered my direct debits to restart and they've only just noticed now that they forgot to collect the earlier payments. As an aside, the amount on the default notice is less than the amount of arrears on the statement by approximately one months repayment which makes me think they don't really have a clue what they're doing. My problem is that I'm now back below the deferral threshold and really can't afford to repay the arrears until I'm earning again. If they'd taken the direct debits or communicated that I was in arrears last year then I could have paid easily but I'm really stretched right now. Does anyone know where I stand legally? I understand they should have made efforts to contact me prior to the default notice. I obviously don't want to default as I'm approaching the 25 year write off. I'm not sure where I stand morally either - it's their cock up but I probably should have picked it up. Thanks for any advice, TheKarrotman
  2. Here is a copy of the letter I propose to send Lloyds TSB tomorrow about defaults being issued on my credit file; In addition Lloyds are yet to provide me with copies of default notices issued and I don't ever remember receiving any.....see below. Dear Sirs, With reference to the above complaint. I now believe these issues are so serious that I am advising you that if I do not receive a satisfactory response to my complaint within 14 days I will commence court proceedings without further notice. It is therefore important that you bring this letter to the attention of the relevant department as soon as possible. I write in compliance with the Practice Direction on Pre-Action Conduct. Unlawful processing of information You will be aware that I have entered into a payment arrangement and currently use a Debt Management Company to make regular monthly payments on my account. I have not at any time received information to indicate that this arrangement is not acceptable, in fact, to date this arrangement is showing as “acceptable” on my DMP’s system. Despite the above, on obtaining a recent credit report I notice that Lloyds TSB are continually filing “default markers” with Call Credit each month and have done so repeatedly since December 2010. My complaints dated 19 April 2013 and 29 April 2013 and 25 May 2013 have not been responded to. In addition, I advised the bank on 20 July 2008 that I required it to cease processing my information, the bank failed to respond to my request despite making reference to it in a letter dated 31 July 2008, you are required to respond to my request and didn’t. I made this request because I believed that the bank were likely to process my information in a way which would cause me damage and distress, no response was provided. I believe that this is an unfair relationship between us in accordance with the Consumer Credit Act 2006 as you have continued to exercise your right without investigating my complaints. I therefore believe that the bank are in direct breach of the Data Protection Act 1998. Information Commissioners’ Technical Guidance You will be aware that in August 2007 the Information Commissioner released Technical Guidance for Organisations on Filing Defaults with Credit Reference Agencies “ICO Guidance” a link to this guidance can be found at http://goo.gl/91s0o. This guidance clearly sets out the ICO expectations of Organisations when filing default notices which is helpful in our current dispute. My account 1. ICO Guidance states (17) “Lenders should not file a default where there is a genuine and agreed variation in the payment schedule” I have had a payment arrangement in place since April 2009 – at no time has the bank advised me that this arrangement is unacceptable, as such I regard this as a genuine and agreed variation in the payment schedule. 2. ICO Guidance states (17) “In all cases it is important that lenders and debt advisers explain to borrowers how their credit reference files will reflect the changed situation. This is necessary to avoid misunderstandings and disputes about what a customer has agreed to and what will be reported to a credit reference agency as a result of variations in payment schedules”. At no time has Lloyds TSB or its external agents advised me that my arrangement will impact on my Credit File as though no payment was being made. 3. ICO Guidance states (19) “Where a rescheduling of this type breaks down, a default may be filed when the total value of the arrears is equivalent to three monthly payments under the original terms. However, this should not result in the customer being placed in a worse position than someone who has made no effort to pay whatsoever.” Despite the fact that our arrangement has not broken down, Lloyds TSB have put me in a worse position than someone who has made no effort to pay whatsoever. 4. ICO Guidance (22) clarifies the position relating to customers who enter into Debt Management Plans. I note that despite my effort to pay there is no reflection of this on my Credit Report. Resolution sought I believe that the action of Lloyds TSB and its external agents has seriously damaged my financial reputation, I therefore require the following; 1. Full removal of information supplied to Credit Reference Agencies in relation to this account. 2. £1000 in compensation due to the damage caused to my financial reputation. I must make you aware that the settlement figure above is an offer which will be withdrawn on taking court action, I believe that my losses and compensation level for damages is substantially higher than the offer given above, I will also seek to recover reasonable costs against the bank. In closing, I would draw your attention to section II (4) of the Practice Direction which gives the courts the power to impose sanctions on the parties if they fail to comply with the direction including failing to respond to this letter before claim. I require that you acknowledge receipt of this letter within 14 days and where possible provide a full response within 28 days. Should I not receive a response to my letter within this time frame, then I anticipate that court action will be commenced with no further reference to you.
  3. Due to income restrictions (and a bit of head in the sand), I've fallen behind with an A&L authorised overdraft of £6500 ish. A&L allowed certain DDs to be paid on the account which pushed into unauthorised OD territory and it's escallated from there. There's now over £7k owing, they've cancelled the authorised OD and threatening me with a default notice under the CCA, section 87 (1). What should I do? I don't have £7k to pay this. Odd
  4. In February and March last year, due to a problem with my daughter's phone, a massive amount of data was sent from it, over the course of a few days, resulting in a large bill. Because I did not feel it was fair that I was liable for this, for various reasons, I complained through vodafone's internal complaints procedure, and then took the case to the Ombudsman. The Ombudsman made a decision in vodafone's favour, and therefore vodafone sent me a letter on the 31/1/14, which I received on the 6/2/14, giving me the amount outstanding and the details of how to pay, and requesting payment within 14 days. On that same day, I had requested a copy of my credit file from Equifax, and I noted that, whilst I had been going through the complaints procedure, vodafone had updated my status in May, June and July 2013 as that my payments were in arrears (rather than there was a query on my account). I therefore wrote a letter back to vodafone stating that I was quite happy to pay the amount, now that the Ombudsman had decided that I am liable, but that I would like the Credit Reference Agency records to be updated to show that, as at May June and July last year, my account was under query, and my payments were not merely late. As I had not received any response, I telephoned Vodafone on the 14th to speak to someone about this, and was told by the lady I spoke to that they would change the status with the CRAs, as soon as my account was cleared. I asked to make that payment, of £1200. However, she advised that the account had been passed to DRS, a debt collection agency, and so I would be unable to pay. She gave me the tel no. for DRS. I telephoned the collection agency, DRS, and they told me that they had not yet received notice of the account, and to call back the next day. I called again the next day and they still had no record. I therefore rang Vodafone again, and they advised that it was not passed to DRS, it had been passed to a different agency (Fredricksons). When I asked when, she said it was before the 13 Feb, i.e. prior to the 14 days being up. I contacted Fredricksons that day and they told me that they had not received my details yet and to wait for a letter. I received the letter today, contacted them, paid the £1200 - they have added another £100 admin costs but I feel it is very unfair I should pay this - and they have confirmed that a default will have been placed on my file. They were actually very helpful. I submitted a complaints form via the vodafone website on Tuesday, and received an email back assuring me I would be contacted within 48 hours. Nothing since. I emailed back yesterday to chase this up. Nothing. I phoned vodafone again this morning, and the lady I spoke to again confirmed that I will automatically have had a default placed on my credit file when it got passed to Fredricksons. She said I can have this removed once Fredericksons confirm I have paid, however I am not sure she even had the authority to make that decision, as she was just the first contact in the call centre. The only reason I did not pay last year was because I was pursuing my complaint through the internal complaints procedure, and then pursuing a case through the Ombudsman. Once the OSC had made a decision in vodafone's favour, and I had received the up to date bill, I was happy to pay. I am absolutely devastated. Myself and my husband have just saved enough to buy a house - now I am unlikely to be able to get a mortgage, because of something I was quite happy to pay, but was not given the opportunity to? What can I do? Vodafone won't even respond to my complaint, and I am not convinced of what the lady in the call centre told me. This will have a massive impact on the next few years of my life, so I am prepared to take this as far as I can, just not sure where to start? Any advice appreciated.
  5. Evening All - I'm just after a someone who is in the know about company finance issues and placing default notices on company credit file if possible? To give you a very brief background into my case I was employed by a government organisation and in October 2003 it was revealed that they had made errors with many employees salaries and subsequent pension contributions dating back to 2003, to summarise they are now applying The Limitation Act 1980 to make reduced payments to all the affected 250 staff members identified. As the organisation is refusing to pay me in full I now view all the outstanding monies owed as a debt and will be treating its as such, hence my intention on placing a default notice against the organisation in question. I have established that I have a reasonable argument under S.32 The Limitation Act 1980 subsection ©. to bring a civil claim against my former employers, as a mistake is a major part of the problem AND a reasonable level of due diligence was carried out each month when receiving my monthly salary, also the fact 250 members of staff did not realise that their monthly pay had a shortfall further emphasises the gravity of the problem. For more details see my other post the link can be found in my profile - I can't post the direct link as I only have 5 posts and require 10 posts or more to put links on here I would like to know if possible: 1. Can I place a default notice on the organisations credit file? With Experian / Equifax etc? My former employers have admitted that mistakes with my pay amounted to £10k dating back to 2003 however they have paid me just £1,001 using The Limitation Act 1980 to make this reduced payment 2. This case will be going to court shortly so could I write to the credit reference agencies and ask that a default notice is placed before a court judgement is made based on the correspondence that I have and limited payments made by the organisation? Again any input or advice on this would be greatly appreciated. Thanks Again, muzzy17
  6. I had a repayment plan with LLoydsTSB Visa the debt was sold to Cabot Financial, i contacted LTSB and said i did not recognise CF and I would only continue to pay LTSB. LTSB now transfer my payment to them to CF I have not missed any payments. Cabot have now posted a default notice on my credit file, but not given any formal notice to me. Can they do this ? Can I ask them to remove it?
  7. Hi Guys. Sorry i am posting this thread again. There where some tech issues with the previous ones. I had two credit cards with MBNA, one was Sony and the other Virgin (thread found here) This one received a county court claim last month. I owe around £3000. I acknowledged the service, extending my 19 day deadline to 02/01/2013. I have tried my utmost to get legal aid, but i am in a black hole situation where unless i or my partner move out (we recently split up, but still live together), i cannot get legal aid. I called Santanders Legal Assistance service which i get with my premium account which i found out about as few weeks ago. The girl on the phone said i should dispute full liability and base a defence on the fact that no Default Notice had been received in accordance to the Consumer Credit Act 1974 Section 87 and 88. Is this correct? Can someone help me word this please, i am a bit apprehensive of doing my own defence, seen as the one in the other thread has complicated things. Any help is much appreciated.
  8. This is an unusual situation .... Two years ago HSBC took my brother to court for a credit card. At the time, we had a family problem and the bank's solicitors (DG) agreed to hold the claim for 3 months. However, he still had to submit a defence which I helped draft, asking for a copy of the agreement and default notice referred to in the POC and how the amount claimed is arrived at. The bank did not respond to the defence. Previously they had said there was no agreement (well before the court claim) when default charges were disputed. Now they have come back with a response to the defence, some 20 months later and apparently the claim was stayed for 3 months. DG say they cannot locate an agreement (same as before then) and no copy of the default notice because it was system produced at the time of default. They also say the default charges are fair as per OFT report of 2006 and the test case of 2009 (which was about personal current accounts so what are they on about). They've sent a 'credit card request form' with the customer's name and address. The rest of it is not filled in. And some terms and conditions from 2002. They've offered to reduce the claim by a few hundred and say settlement can be agreed by a Tomlin order. I've to find out from the court what is happening with the claim. Should they not have struck it out many months ago? It now seems an abuse of process. The claimant cannot produce the documents they relied on in their POC and have come back 20 months later. Any help would be appreciated. Thanks.
  9. Can i clarify the default process please, according to my reading on the subject its as follows:- (1) A letter is sent to you a minimum of one month after falling into arrears notifying you that you are going to be defaulted (2) The actual default notice is sent to you outlining the arrears and giving you 14 days to remedy the breach. The advice from the information commissioner is that this shouldn't be sent within 90 days of falling into arrears. (3) If you don't sort it out within those 14 days then a notice of termination will be sent and a default will be registered with the CRA's So in essence, you can't be defaulted without having 14 days to remedy the situation, is that right?
  10. Hello dear forum users, I sent a CPR 31.14 request to the latest company who has taken me to court for a 12K debt, bought from original lender, in order to get a Charging Order. I also filed an embarrassed defence. After many weeks they finally came back with a copy of the original agreement, but admitted they can't get the original Default Notice or Letter of Assignment from the original lender. They did send, however, a copy of the original lender case management system notes showing date the DN was sent, and a grainy screenshot of their Debt Recovery computer system, showing the Notice of Assignment was sent. However it doesn't say "Notice of Assignment", it just shows an internal letter code that they say is recognised as a NOA. Judge has now given them permission to lift the stay on the case, and I have the opportunity to submit an amended defence. I just wondered what people's opinion on here is of my chances of success trying to defend on the basis I never received DN or NOA? I suspect the judge is not going to be too sympathetic to that argument, but just wondered what you guys think before I decide against it. thanks in advance!
  11. Hi My question is about how long defaults stay on your CRA account. I know a debt is unenforceable after 6 years so would all default notices be removed after 6 years or would each default notice stay for 6 years. If that is the case a record of the debt would be on your account for 12 years. Thanks
  12. Hi, In 2009 i opened a student account with Natwest with an arranged interest free overdraft, i can not remember the exact amount though it was around £1000. As it was interest free and within my arranged limit I never thought much about it. After recently obtaining a copy of my credit report i found a default notice placed on my account by Natwest to the amount of £1298.38 defaulted on the date 30/06/2011.I do not recall receiving any default notice and no longer have my original documents. To gather all the information about the account i sent a request under Section 77 of the Consumer Credit Act 1974 using a template. I also requested to be provided with a signed true and certified copy of the original default notice. I recieved this in response from Natwest today: "We understand that you have made a request for information on the above account under the Consumer Credit Act 1974 and that you have asked for a copy of the signed agreement for this facility. Under Section 78 of the Act, on receipt of a written request the Bank is obliged to provide: A copy of a signed agreement Any other documents referred to in the agreement A note of the state of account (i.e. the balance, details of interest and charges outstanding and the applicable interest rate) signed by a representative of the Bank. It is important to point out that the Bank does not require customers to sign an agreement under the Consumer Credit Act in order for the overdraft facility to be applied to their account. Therefore, a copy of the signed agreement is not available and does not need to be produced to you under the terms of Section 78. All borrowing facilities are agreed in accordance with the terms and conditions of the account and overdraft facilities are finalised by way of confirmation letter." It goes on to say this regarding the request for a signed true and certified copy of the original default notice: "We can confirm that the Default Notice was sent on 3 December 2010. The Bank considers this notice was served in accordance with the requirements of Section 176(2) of the Consumer Credit Act. This default was, therefore, registered correctly and will not be removed from your credit file. The default document is a system generated letter so we are unable to reproduce and supply you with a copy of the default notice". I am unsure how to respond, are they saying i never signed a credit agreement under the CCA 1974 and one does not exist?.If so how can they issue a default notice under Section 178(2) of the CCA 1974. Also, surely they must provide me with a copy of the original default notice so i can check whether it contains information in the prescribed terms. How can they claim in this letter is complies with the terms of s.176(2) of the CCA 1974 when they do not even have a copy of the letter themselves? Any help or advice on my next step would be greatly appreciated. Thank you.
  13. Hi All I had a consumer credit agreement with Hitachi that I didn't make the last payment on. I wasn't aware it was a CCA at the time and didn't pay as I thought the service was unsatisfactory. Anyways turns out it was a CCA and there is a default against me on my credit file. I paid it off £55 (and the £200 charges) as I thought this would improve my credit rating as Im going for a mortgage. It didn't! I asked them to remove it - they refused. I requested a copy of the default notice as I NEVER got one and they have sent me a letter clearly saying no default notice was issued, the reason it is on my report as a default is because the the term of the account expired with an outstanding balance?? Is this how they are getting away with issuing defaults without sending default notices now? Any advice of how I can get this removed as Ive tried the letters threatening OFT etc and they are just refusing to reply or talk to me now - HELP!!
  14. Hello All I am just looking for a little advice and hope someone on here can help After recently obtaining a copy of my credit file. I was concerned to note that 02 had placed a "Default" notice against an account in my name. At the end of my 18 month contract term I carried on using the services on a rolling monthly basis. I spoke to one of the advisor's at about 23 months to cancel my account and requested to keep my phone number on a pay as you go sim card. I later receiving the sim card and deemed my account to be settled as the last of my monthly payment had been made. to the best of my knowledge. I then received another re calculated bill for around £17 which I disputed on many occasions as I felt that my account was up to date and that this was an unfair charge levied after my final monthly payment. In all of my contact with 02 I repeatedly asked for a copy of the bill or some breakdown of the £17 charge and was told that would be supplied but no information was forthcoming. I then started to get those in house debt collection letters, which I just ignored. I am currently looking to apply for a mortgage and this default is seriously damaging to my credit rating and finances for such a small amount and the penalty lasts for a full 6 years. I tried to go via expirian but they have failed to help stating 02 feel the information is correct. I am pretty sure that I never received any notice of default? And is it legitimate to place a default after my contract term had expired? I look forward to your positive responses Nicholas
  15. Hi everyone, this is my first post so please be gentle I am in the process of filing an amended defence regarding unenforceable CCA 1974 agreement and require advice on the matter. The story so far is that I originally filed an embarrassed defence due to DG Solicitors not supplying documents that related to HSBC claim for £12,000 on a Gold Card. HSBC did not take any further action and the case was stayed. They then recently applied for the stay to be lifted and judgement entered for them as, in their opinion, I had no chance of winning. I appeared at court yesterday and contested their application on the grounds that I have not received a default notice and requested it be struck out. The district judge on reading my witness statement denied summary judgement and re allocated the case to fast track. I now have to file another defence to their claim and was wondering on what basis I should defend post Carey v HSBC. I was originally going to claim that the CCA does not contain the prescribed terms but am now unsure (there is no mention of APR on CCA). DG Solicitors have admitted that they cannot supply a copy of the default notice as they do not keep records of electronic documents. Their agent at court seems to think that she can rely on a reconstituted copy (she showed me a blank template) Advice greatly appreciated
  16. I have recently run into Cabot Finance, an experience that I would not wish upon anyone . The problem I have is as follows: 1. Following the sale of my house due to mental illness in 2001, I asked Barclays to close the current acount associated with my mortgage. 2. In 2009, whilst checking my credit file I was made aware that there was a default against my name logged by Barclays. (I have a copy of this credit record). The debt had arisen, not because of a credit agreement per se, but because Barclays had made an error. The debt was the accumulation of account fees that had been charged against my account, even though the account should have been closed. The statements had been subsequently sent to the house that I had sold. I had not given a forwarding address because as far as I was concerned, the account was closed and the house not longer mine. 3. Barclays acknowledged that they had made a mistake and cleared my account and any mention of it on my credit file. I even have a hand written fax from a Barclays manager requesting that their debt recovery department remove the debt because of Barclays error. 4. In July this year Cabot Finance started calling every day, sometimes twice a day for over a month. (I am still recovering from a 3rd bout of mental illness so this only added to my problems) 5. I complained to the CSA and the FSA as I stated there was not any grounds to contact me. 6. The CSA stated that there did not 'appear' to be any breach of their code of practice as Cabot 'claimed' that they were legitimately chasing a debt that was outstanding. 7. In September 2011 I received a letter from Cabot restating that I owed them (they had bought a debt written off by Barclays) the sum that had been previously written off by Barclays - a total of £186. Not sure how this had happed 8. Having checked my credit file again, Cabot have now logged a default on my credit record, thus making it impossible to even have a modest bank overdraft 9. After reading the advice on this site (thank you) I wrote the following letter; Please note that I do not acknowledge any debt to either Cabot Financial nor Barclays Bank. I require you to supply the following documentation in order that I may correspond further on this matter. 1. You must supply me with a true copy of the alleged agreement in relation to the debt to which you refer. 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 for such debt. I enclose a postal order made out for a £1 in order that you will supply a copy of such agreement and statement of account. 2. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974. Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted by me to the relevant statutory authorities, including the FSA, The Financial Ombudsman and the Credit Services Association. As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defense to any court regarding the claim that is issued. I have also noted that you have placed a default against my credit record. On the basis that there is not any basis for your claim I would respectfully ask that this is removed with immediate effect as there is not any justifyable reason that such default has been logged, which would also be contrary to the CSA Code of Practice and the FSA regulations. 10. Today (7th November 2011) I received a letter from Cabot asking me to CALL them. Other Facts It should be noted that I have not informed Cabot of the evidence I have (re Barclays fax above) as I was hoping that the onus or burden of proof was upon them to demonstrate by way of a statement etc that I owed Barclays money i.e. Cabot had to prove there was a legitimate reason for making demands upon me. QUESTION I WOULD LIKE ANSWERED A. Even though the debt relates to an alleged debt relating to bank charges, is this covered by the CCA and does my letter (see above) hold water? B. Should I write back to Cabot and state that they should refer to the letter I sent (see above) and reiterate my demands for proof of the debt. C. Even in the absence of the CCA not being applicable are Cabot obligated to provide me with proof of any alleged debts and the reason for them being outstanding. If so, is there any legislation or consumer law I can quote? D. In relation to the default, and on the basis that I can provide written evidence, should I write to the Information Commissioner to enforce the removal of the default by Cabot? If so, should I bring the following CCA paragraphs to their attention (from advice on this website): Removing a Default s159 Correction of Wrong Info provides, etc (1)Any individual (the “objector ”) given— (a)information under section 7 of the Data Protection Act 1998 by a credit reference agency, or (b)information under section 158, who considers that an entry in his file is incorrect, and that if it is not corrected he is likely to be prejudiced, may give notice to the agency (in this case Cabot Finance) requiring it either to remove the entry from the file or amend it. do note the rest of s159. in sum, they have 28 days to respond. either removing, editing, or taking no action. after, a further notice of correction can be requested to be added to the file. again, 28 days to respond. if refusing they should apply to the ICO for an order. an 'objector' can also apply to the ICO. failure to comply with an Order is an 'offence'.
  17. Hi I have been issued with a Statutory Demand, posted no attempt at personal service, from CQ and intend to try to get it set aside using the following No Statutory Notice of Default from OC No letter of assignment or deed of assignment No date of assignment on SD Agreement is an Egg credit card from 2000 (missing prescribed terms?) No Statutory Notice of Default from DCA Also, SD says that interest has been accrued and added from date of assignment. Are they entitled to add interest and if not then the interest amount deducted from the full amount is less than 750. Are the above valid reasons? I was paying back the debt until they suddenly out of the blue issued a solicitor's letter saying I had broken my agreement and had not made payments for 2 years. I had and could prove it. Any advice much appreciated.
  18. I don't know where to start with this one which has been going on since 2008, and has become extremely complicated. Basically I am now with a CAB agency that will lodge a further formal complaint with this bank regarding two defaulted credit card debts. I now have evidence that they misled the financial ombudsman did not disclose information to either my solicitor or the Police regarding the fraud on these two accounts. They did not carry out an internal investigation marked on their computer systems that 'it was not fraud' in the middle of a police investigation, which has left the case open to further disclosure. in January 2010 the Coop placed both accounts into default and issued termination notices. My credit reports show the amounts that were defaulted at this time. On one credit card account two sets of Termination and Default Notices were issued all showing different amounts that increased the debt with a 6 month gap in between. Is this legal? It has now also come to light that since CAB have taken on my case (april this year) one of the credit card amounts is no longer on the online banking, the other has doubled without my knowledge. I have received no statements since the termination notices on both. Yet both defaults are on my credit report with amounts the same as the first default notices. On looking at the online statements the remaining card, has been charged overlimit/late payments charges and interest on cash/merchanise since April. Are banks able to levy these charges after default and termination? Without advising me? Are they also able to combine two defaulted debts into one without telling me and not reflecting this in my credit report? Any information regarding this would be greatly appreciated, as it's worrying me sick.
  19. If any1 could give me some pointers on what they think of this letter and any suggested improvements / laws and legislation i can quote or things to add / remove to give it weight I would be hugely grateful! I am looking to dispute a mobile agreement which was mis-sold and get some money back / hopefully get my credit file ammended Thankyou __________________________________________________________________ Account No: ****** Re: Mis-Selling Complaint & Notification Of Intended Legal Action __________________________________________________________________ Summary Dear Sir / Madam, I am writing to you with relation to a complaint with regards to a FEAST mobile phone staff account, taken out with you, whilst in the employment of Vodafone Retail in 2009. The complaint detailed below specifically revolves around the mis-selling of this contract, the recording of data of my credit file, and the associated monies incurred to settle this account - the validity of which is fully disputed and has now been paid under duress. I intend in this letter to detail the points of my complaint specifically and the circumstances around the creation of this account, how it was sold and the illegitimate monies I have paid to bring this matter to an end. This is not the first time I have discussed this account with you and did so nearly 2 years prior, denouncing my liability to accept the contract you allege I entered into and the acceptance of any terms and conditions. Since then the account was passed to a DCA (Fredrickson International) and the alleged debt has been paid in full - including a referral charge of £100. Now they have been paid (once again, I stress Under Duress) my full intention is to challenge the validity of the debt, the agreement and the terms and conditions implied to be agreed to. My intent is to re-claim the disputed costs paid on this account plus associated costs for damage to reputation and feelings, if necessary through the courts, from the damaged entries placed upon my credit file. Please Accept This As A Letter Before Action. __________________________________________________________________ Facts Of Account The account was opened over the phone with the Employee Accounts Team, shortly after joining Vodafone Retail as an employee. The account was described as being a benefit to me, as an employee, by the employee accounts team, with no credit check. There was no mention of any minimum term, or condition of return of the handset chosen to accompany the feast account. The employee account team member explained nothing more than the inclusive minutes, texts, etc and a monthly charge. No agreement or terms and conditions were supplied either by email, post, fax or verbally explained at any stage, either immediately after entering into the agreement or at any point thereafter. The handset was delivered to my work address by courier, with no documents in the box to highlight the points of the agreement that accompanied the FEAST account that had been opened - again with no mention of its conditional return should I wish to leave the employment of the company. To my knowledge and with no information to the contrary (as the was described as an employee benefit) the handset and tariff supplied to me was without commitment and without condition, to me the employee, from Vodafone, my employer. I did however understand I would be required to make a small payment towards the monthly running of the account, whilst with the company in their employment and this would be taken by direct debit. I used and continued to use the handset whilst in the employment of the company and left a short time after joining, paying my contribution towards this “benefit” whilst there. After leaving the business, some short few months after joining and accepting the FEAST “benefit“, I had no reason to believe I would be charged anything further or had a liability to pay any further changes or costs. My full understanding was the handset would be mine to keep and the account disconnected as no longer in the employ of the business. I had no reason to believe; any further invoices would be sent, I had to cancel anything (as no one ever told me or wrote to me, or supplied a copy of a contract, or terms and conditions to state otherwise at ANY STAGE - including bills) or return the FEAST handset. Actually, I had no idea you were even writing to me to tell me you were continuing to bill me as I moved address shortly after leaving, and as there was no agreement to continually supply service past my leaving the company’s employment - why would I have written to you to tell you of this move in any case? After checking my credit file sometime later and noting you had defaulted me for the sum of £124.84 on 27/05/2009, I made contact to understand what had gone wrong. After speaking to a Team Manager who investigated the matter over a number of weeks, I was informed the debt would stand and it was being passed to a DCA, despite disputing I had entered into a contract or accepting any terms and conditions. I then began receiving letters and calls from Fredrickson International / Bryan Carter Solicitors LLP, acting on your behalf to recover the alleged sum of £434.84 plus an admin cost of £100, taking the total sum to £534.84 I challenged Vodafone when I disputed this 2 years ago to supply a copy the recording of the call I placed when creating this account with the Employee Accounts Team which you admitted could not be supplied. I further challenged Vodafone to supply a copy of the agreement I entered into and the associated terms and conditions I had agreed to, which I still challenge you to prove, beyond reasonable doubt. After attempting to resolve this with you directly, I was offered a reduced settlement on the account, as the original debt of £124.84 had spiralled to £434.84 with an additional fee of £310 being added to the account, since defaulting of the original balance. This was explained to me as a charge for non return of feast handset / services planned to be provided over the apparent term of the contract I had allegedly agreed to. The company’s standing at this time was the debt would be fully pursued until paid which it was and the company would not accept that I had been mis-sold to. Threatening letters of legal action etc and hounding to pay this debt eventually made me cave in and broke my resolve. Under Duress I began to pay the full amount of £534.84 to your agents Fredrickson International / Bryan Carter Solicitors LLP by way of instalments on the 2nd October 2010, and completed the agreed payment plan with them on the 13th June 2011, paying the balance off in its entirety. Vodafone updated my credit file, acknowledging I had paid this disputed balance and associated default (marked as satisfied) on the 6th July 2011. __________________________________________________________________ Nature Of Complaint I have paid a debt back under duress of £534.84, with at the least the disputed sums of; -£310 applied as a charge to the account -£100 referral fee to DCA No agreement was entered into, supplied, informed or documented between both parties. No terms and conditions were agreed to at any point nor supplied or agreed to. Despite no agreement being in place, or terms and conditions accepted (which have not yet been proven beyond reasonable doubt) you have proceeded to allege and enforce this debt through your collection procedures. The member of staff over the phone at Employee Accounts mis-sold this agreement by not highlighting any main agreement points, such as term of agreement, or return of FEAST handset. - Again I state, you have been challenged to produce a copy of this call to prove they did, which cannot be produced, as you previously admitted. Despite asking for undeniable proof I knowingly entered into this agreement, with all the facts you explained the terms of the agreement I entered into, the only information I have not been supplied with a true and certified copy of the agreement, any proof I agreed to the terms and conditions or proof of supplying them. The only information EVER provided to me, was when first complaining, an email with some of my personal details typed into the body of that email (deemed by you as an agreement) and a copy of your general terms and conditions for the FEAST account. At the time I denounced these as non credible proof of an agreement or proof and still do. I never received or was sent a copy of the agreement you allege to be binding and hold, nor a copy of the terms and conditions, nor was made ware of them or had the chance to study. You deemed the terms and conditions had been read and accepted as a tick was marked on the account to show this was the case - As the agreement was taken out over the phone, this was never the case and is fully disputed. I did not specifically agree to the sharing of my data with any 3rd party organisations, including credit reference agencies, which you have done so, in both reporting data to my credit file and unlawfully passed my account to a DCA, with no agreement in place to pay you any charges. You have damaged my reputation by placing a default marker and negative payment history on my credit file, making it harder for me to obtain credit and as a direct result of this action has cost me unnecessary monies, which would not of otherwise been paid to creditors in interest, from my credit purchases, since the time of recording the negative information to my credit file. A prime example of the results of your action has been a car purchase of 4 years at an APR of 28.9% - accumulating in some £14,000+ in interest payments alone over the life of the loan. Not only this, as a result of your actions, I have recently been declined for a mortgage application and furthermore a job offer, which was subject to satisfactory credit check. __________________________________________________________________ Action Needed To Resolve This Issue Return the sum of at least £410 from the original alleged debt and monies now paid to you, comprising of £100 referral fee to your DCA and £310 disconnection fee. Pay the reasonable damages towards the increased costs of all credit obtained since the date of your default notice appearing on my credit file Remove the entry to my credit file in its entirety as an unlawful entry, in violation of the unauthorised sharing of data with 3rd parties, under the DPA 1998. You have 28 days to comply with points 1 & 2 or return your final position on this matter, pending the commencement of legal action.
  20. Hi all, I think its best to start at the beggining! Back in Nov 10' i was self employed and run out of work, i tried to claim job seekers but was not entitlied as had not paid enough national insurance contribitions. Phoned capital one to explain my situation and asked them to freeze payments for 3 months aswell as interest and charges, there response was that they could setup a payment plan providing i sent in relevant documents ie job seekers letter, income expenditure, bank statment etc. I sent in every bit of information i have excluding bank statement as my bank account was currently suspended as i was over my overdraft limit. At the time of asking capitalone this my balance was £1900 and i had a relative willing to pay £20 month till i was back on my feet. Capital one refused to set me up on a payment plan untill i had sent them the bank statement which i explained i could not send so they said there was nothing they could do!! In Dec 10' my relative said they would lend me £2000 to pay off my 4 creditors (wonga, santander, vanquis and capital one total debt was about £7000 to all) i sent all four settlement offers explain my situation and 3 of them excepted so all i owed was capitalone. I urged capitalone to reconsider but they again refused in Jan 11 my balance with them was now £2000 Now in March 11' i recieved a letter of default and called them to explain ive been trying to sort this situation out since nov 10'!! I explained to them i was more than willing to sort out a payment plan as i had started working self-employed again, but they said they could not put me on a payment plan as the documentation i supplied was insufficent! i explained i have to set up a new bank account so would not have any statements, im self employed so do not get a wage slip as such and they again turned round and said there was nothing they could do!!! I feel so stressed out with this as my balance is now nearer to £2200 and ive tried everystep of the way to setup a plan but did not pay anything till i had conformation in writting that no interest would be added anymore. im asking for my cca today off them but this still will not make them setup a payment plan i feel limke letting them just take me to court as ive kept letters of everything ive sent and everything they sent me and they just wont listen!! i have no assests except for a van which im still paying for, live in rented accomodation and have no bank account. Should i just let them take me to court or is there something i can do to make them put me on a payment plan? Any help would be much appreciated sorry if i rambled a bit but its the first time ive been on one of these forums. Thanks Bri
  21. posting on behalf of family member who has court case (allocation??) tomorrow WEDNESDAY Looking for real quick pointers and advice on what they should say or do at the hearing ... no real idea what an allocation hearing is ? They say all figures are different that they received compared to the package sent to the courts Details .... They are in a dispute with RCI Financial services (Nissan, Renault) Purchased a car in April 2010 for £13,500, paid instalments until needed to change payment date from 2nd to 28th this was agreed however RCI stated that we had missed one payment and owed £300, In September they took the first payment from the new agreed payment date of 28th in October they decided not to continue the contract In October they issued a default notice and termination notice and in November they proceeded to use a company called Anglia to snatch back the car. (Not sure if Default Notice was ever received by them but in SARs documents that they requested) The car was snatched back from private property proceeding to break into the car, this was against the 1974 consumer credit act ? In March 2011 they sold the car in auction and stated they received £8,500 from the auction they then issued court CCJ action to recover “repudiated” damages for £16,500 minus the £8,500, We ended up with no car and a damage claims for default of £8,000, they claim repudiated for all Facts 1) RCI are extremely difficult company incompetent in managing HP contracts, very aggressive and not able to negotiate with. 2) RCI use the repudiated contract clause to extract damages 3) RCI are not interested in any form of negotiation 4) RCI employ Anglia recovery who use lies and misinformation to recover vehicles 5) RCI are now pursuing court action and use Solex solicitors who again do not want negotiation they want f=damages and costs Avoid this company do not use for the purchase of Renault or Nissan vehicles Any help much mich appreciated Merc
  22. adster2407

    MBNA Harassment

    I have recently made a complaint to MBNA regarding their harassment of me by telephone, and would be grateful of any advice. MBNA have been calling me, regarding a credit card debt, for around six months, despite me communicating with them in writing. I requested numerous times that they only contact me in writing, but they kept calling my landline / mobile. On some days I received up to 6 calls in an hour, and some calls coming only a minute after the previous call. They have now agreed to stop calling me, but are refusing to remove my phone numbers from their records, as they say they MIGHT need to call me should I fail to respond to letters. They also dispute my call log. On days where the log I kept shows they called up to 6 times, they are claiming only one call was made. Also, when I did answer the calls from them, they requested the usual security details, which I refused to give, but on a couple of occasions the caller from MBNA started trying to discuss the account without asking the security questions. MBNA's final response letter states that at certain times they do not have to ask security questions. I am more than happy to continue communicating with MBNA in writing, and have always responded to any letters. However I was wondering: 1) Can MBNA keep my phone numbers on record, despite me asking them not to? 2) Is there anything I can do to get a copy of MBNA's call log? To put it bluntly, they are lying through their teeth about the amount of calls. 3) Is it correct that MBNA do not have to confirm security details on some occasions? Thanks in advance for any advice.
  23. Hi there, in 2009 i recieved a default notice for 2 months payments on car finance with welcome. I rang them and agreed a repayment plan for the arrears and at no time was i told the repayment plan would still enforce the default notice in terms of if i wanted to surrender my car which i now want to do as i have paid half, that option now was not possible. I cant find the default notice i got to read the small print but i paid the default as i still have the car but welcome are sticking with their decision. Any advice please gang. Cheers.
  24. HI I have a default on my file for £320 - this was as a disoute with the bank and the charges they were applying. Paid £320 in full once default was issued within 2 months of it being issued.( had to wait for payday) Then referred case to bank who refused and then onto FOS, and the bank have now agreed to the fact their charging process was not clear and have offered £220 in compensation - which FOS are reccomending - quite happy with cash offer although would have been nice to get it all Main thing is can i now force bank to remove default notice as it was issued for £320 of which they have now 'sort of admitted ' only £100 valid - had they come to me at that time with a definitive £100 final settlement I would have paid and the whole issue would never have happened The default notice is having a major impact on being able to get a mortgage How do i stand on this ?
  25. Hi Guys Once again thanks for your help, in 18 months i have gone from seriously considering Bankruptcy to a normal life. OK so my creditors have now stopped chasing payment of my debt, having presumably accepted that they are either getting nowhere or that I’m just not going to pay without a valid CCA.... THANKS TO YOU ALL However I’m now receiving only a yearly statement in respect of the accounts, this means that despite my default notices they are still processing my data, is there anything i should or can do? Regards Dave
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