halifax default credit agreements**WON**

[postggj]

many thanks, and i hope this thread helps many more people

[postggj]

update

today i sent a report to fos

let see if they have any teeth

many thanks car have tipped scales

[postggj]

received a confirmation of receipt from fos tday, saying very busy at the moment and are looking into my complaint.

any idea when i will get a response to my complaint

[postggj]

[postggj]

can anyboby look at this default notice and give an opinion

i believe the total ammount payable under the agreement is very wrong

and can you have a look over all

 

many thanks

[postggj]

also a point of interest

my credit file shows a default value of £8,905

there default notice shows £7351.90

[deb4tlj]

Might help if you could give a few more details Postg. Is the date on it correct as it reads 2004?

[postggj]

Yes It Is Correct

I Am In Court Over The Agreements In Early Feb, Check My Thread Welcome Finance

The Reason This Has Come To Light Is That Welcome Have Sold Account To A Dca, They Got Heavy So Began Claim Over Enforcebility, Dca Returned Account Back To Welcome

Dont Want To Confuse My Main Thread, Just Looking For More Ammo

Just Need Opinion On The Validity Of The Default

 

another point is on my credit file it states default 13/01/04

the default notice states 14/10/2004

[postggj]

bump

[odds]

How come it has 'COURT COSTS' written upside down in the bottom right ?

I know it isn't important, but just wondering.

 

Pete.

[The GodMother]

Yeah that is a good question. I had not noticed that.

[postggj]

sorry about that, photo bucket error, everything else ok, my mistake just obscuring previouse personel details

[The GodMother]

oh rite.

[postggj]

sorry about that confusion

any ideas though on the legalities mentioned ref default notic

many thanks

[postggj]

Just A Quick Question Ref Defaault Notices

Like I Said Account Defaulted By Credit Company Shown On Credit File

But The Default Notice From Company Is Dated Nine Months Later

 

Can They Do This And If Not What Are The Financial Penalties

Involved If This Is Incorrect

 

Many Thank Just Looking For More Pressure To Aid My Court Claim

[pt2537]

Hi, under the Data Protection Act 1998 Data on your credit file must be accurate, so if you can show its wrong you can have it removed/corrected and if youve suffered quantifiable damages you can claim those damages too

however, you really need an understanding of the Data protection act 1998 and the legal arguements before taking action

[postggj]

As Usual Exelent Advice From The Forum

In Reply ,even Through Learning Have Very Limited Knowledge On The Data Protection Act. The Same Was For The Consumer Credit Act Until Stephen Sorted It. I Had To Ammend My Claim At A Cost Of £75 And Dont Want That Again

I Need To Send A Forceful Nudge Letter To The Company About This. I Wll More Than Not Get This Default Removed Through My Court Claim But Just Covering All The Options Avalible

 

Many Thanks

[davefirewalker]

ermmmmm I havent checked yet, but going from memory i was under the impression that a default notice gave you 14 days to clear the default also allowing for service......to my mind that would put the default limit at or about 30th Oct...(issued 14th...two days service 14 days allowed ) there seems to be a discrepacy with the dates

 

will check up and look back

 

Dave

[pt2537]

Nope sorry Dave ,

NOTES

Amendment

Para 3: in sub-paras ©, (d) words "not less than fourteen days" in square brackets substituted by SI 2006/3094, regs 2, 3.

Date in force: 19 December 2006: see SI 2006/3094, reg 1.

Para 6: words "not less than fourteen days" in square brackets substituted by SI 2006/3094, regs 2, 3.

Date in force: 19 December 2006: see SI 2006/3094, reg 1.

 

 

 

taken from Consumer Credit (Enforcement, Default and Termination Notices)

Regulations 1983 (SI 1983/1561) prior to that dates above it was only 7 days

[davefirewalker]

I should have checked before posting ....not after......hmmmmm

 

I KNEW it was a mistake to open that other bottle of Merlot 8)

 

you are correct paul.....(as always)

 

rgds

 

Dave

[postggj]

a bit confused

a default notice states that unless the ammount paid in a specific time the account will be defaulted

so how can they register a default nine months early with the cra

am i missing some thing, a default notice gives you an opertunity to rectify the matter before a default is registered

is what they have done an offence under the data protection act

a default w

[pt2537]

Hey Postggj

 

I feel its a misunderstanding of the mechanics which has left you with this problem

 

The Default Notice is required before the claimant can demand any outstanding monies or terminate the agreement etc.

 

the default notice tells you that you have breached a term of the agreement and what action you must take to remedy the default

 

 

now a default on your credit file is a record of your financial relationship with the creditor, so what you would need to do is look at the date in question and see if you had indeed missed payments at that date

 

if you had missed a substantial amount at that point then they would be entitled to register the fact that you failed to make payments

 

so the Default notice served under the CCA is not the same as the Default recorded on your credit file in essence

 

that said of course, if the agreement is unenforcable this could be a good arguement for getting the default removed from your credit file, the default notice if that contains the wrong figures etc it can also be rendered invalid and not effective in law

[postggj]

What Is The Normal Time Scale For The Fos To Investigate And Get Back With An Answer To My Complaint

[car2403]

I can't find anything on their site that says, so you could try ringing them for an update?

 

consumer helpline phone 0845 080 1800

[pt2537]

i would suggest that a minimum of six to eight weeks would be a reasonable time frame to receive a full reply to your complaint