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Removing Defaults


Jam555s
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Hi there, looking for advice friend

 

My name is James from Just outside Edinburgh

 

I have 4 defaults all showing as satisfied on both Equifax and Experian

 

All defaulted in 2004, and all have been paid back, and showing on all records as fully satisfied, also they will drop off in 2010

 

The companies are

 

Bank of Scotland, Royal Bank of Scotland, NatWest and Halifax

Even though it is satisfied they are harming my credit rating

From reading various threads, and documents on the website,

As they companies are all banks, are they all under the consumer credit agreement

Is it true I can write to the companies concerned?

What route do I peruse?

 

  • Send a letter to each company stating that I did not receive the default notice

And ask for the original default notice,

 

If they cannot provide this then I can ask that they remove the default as the default notice never received,

  • Send a letter to each company asking for the signed credit agreement,

If they cannot provide this then I can ask that they remove the default as unenforceable, due to no CCA,

  • Or/then send a letter stating to stop sending info to the credit reference agencies as they have defaulted my account the contract between me and the bank has ended and they no longer have my permission to use info about me

If none of the above get me anywhere, I file a claim against them in a small claims court, or county court, citing the 3 reasons above, whichever is applicable

Then turn up in court, read my argument, hopefully the company doesn't turn up, then I win as the other company doesn't show, bearing in mind, im not asking for any money or damages, just the removal of the default

 

Stating the obvious I know it's not as simple as this, and im being very vague and any letters I send must be sent via recorded delivery, and include a £1 postal order

Also could it be the case that as the companies complaints teams are still busy with the backlash of the bank charges fiasco they could take too long to reply, and also not bother turning up in court

Also I am governed by Scottish courts so im not sure how that will impact me

Please can u advise me, what the best route is, or if u have a better game plan, thanks

Also any templates u have used yourself, and any replies, from the banks, please

E-mail me them to [email protected] also let me know how u have got on with your own case

 

Thanks again

 

James Stewart

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Hi jam555s, good advice from Curlyben as always:)

I've had a good read to.

Hope you get this sorted:)

LTSB court date 25/7/07

17/7/07 I WON I WON I WON!!!!:p :grin:

HSBC court date 11/9/07 (stayed)

CapOne lba 7/1/08-15/3/08 WON.

Citicards lba 14/1/08

 

Read Read and Read Some:razz: More

 

If I've been helpful in anyway please tip my scales:rolleyes:

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts.

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Hi Jam,

 

 

Are there any unlawful charges to recover from these accounts? If so, you may want to send a SAR to each bank and at least start the ball rolling!

 

Each case would probably be stayed pending the outcome of th OFT's case, but at least you can get your statements and start working out how much they have charged you!

 

 

Best wishes, Jeff.

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hey team, i have sent off the letter from Surlybonds, to stop processing my data, as the contract has ended, to natwest, ill see how that goes, if it works ill send to to the other 3 banks, i sent it special delivery, so i hope they will know i mean business

 

i also sent a letter to co-op asking them to revove a recent search on my file, due to disputed information on my file

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