No Signed agreement

[jononi-exchange]

I have two defaults registered against my name by HSBC and MBNA. I wrote to both company under s77/78 requesting copies of signed agreements. Both banks wrote back saying "We are unable to provide copy of your original application form and as your account was sold to Link Financial we are unable to provide a copy of statement.

 

I wrote to Link Financial asking for a copy of agreement etc and served them s10 and 12 notice. It has been over a month I heard nothing from them. I wrote to Financial ombudsment and they said they have asked the Banks to investigate further which could take 8 weeks or more.

 

Now I am stuck, I am unable to get a secure loan because of these two defaults.

 

Can someone please advice me what action should I take now to get these defaults remove.

 

How can I get these two defaults removed quickly?

 

Thank you.

[MARTIN3030]

Welcome to the site.

You have followed the correct procedures that a County Court Judge would want to see before listening to any claim.Have you written to the CRAs requesting that the information be removed ? CRAs always try to pass the buck...they have no legal authority but will say they cannot remove without the creditors permission.So tell them you want it removed they will say they will contact the creditors for an answer.It wont be the original creditor but the dca who bought the debt and re-registered in their name.They will write to the owners of the debts and ask for permission....the permission is likely to be refused so can be seen as non compliance to your S10......because by refusing permission they are still processing.

The FOS are stretched to the limit as we speak...If this were me I would file a claim in the small claims court for non compliance together with a compensation request.(I have the same claim in court myself)....Basically you are asking for an order to force the creditors to remove the adverse information and cite non compliance of s10 under the Data Protection Act. (you can state that you have not been given written confirmation that they will comply ) My claim was filed on an N1 it requests compensation at the Courts discretion and also removal of adverse info.

You can lodge and have it served in a couple of days.

There is a chance that they will remove it.

Make your request to the Cras quickly You may have your response within 2 weeks...which will run alongside your County Court Claim. If it does reach allocation stage I would ask in your form that the court considers ordering the data controller him/Herself to appear at any hearing. It should not get this far.

There is no fast way to deal with this it has to involve the Court or the FOS....They know the Fos is stretched

However you should bear in mind if you do go the Court route then the FOS will leave it to the Court.

[jononi-exchange]

I have contacted both Credit reference Agencis and both replied saying they will not remove the information because they verified it with the DCA. I asked them for evidence but they did not send any and even refused to reply.

 

I have never applied to Court, is there anyone can give me a sample claim form please.

[pt2537]

You can claim damages for injury to your credit rating as per the case of

Kpohraror v Woolwich Building Society - [1996] 4 All ER 119 which i have attached a copy

 

there are many different views on how to deal with default removal, however none are very fast

 

you would need to issue a N1 no matter and take this through the county court as CRAs always claim "because they have been told by the creditor its right then its gotta stay"

 

Regards

 

paul

[jononi-exchange]

after four months I have received a reply from Link Financial stating that "Your MBNA account was assigned to us in Jan 2003. The responsibility to manage the information placed with the CRA by MBNA was also passed at the same time of purchasing and the decision to process your information to CRA is not based solely on automatic means. Therefore, we not believe we are in breach of our responsibility under the Act with regards to your details"

 

Please can someone advice me what reply I shall send them before proceeding to County Court. It will be appreciated if a sample letter is provided.

 

Many thanks

[jononi-exchange]

Could you please clarify whether I should issue proceeding against Link Financial or Equifax as both of them are refusing to comply with s10 and s12.

[jononi-exchange]

You can claim damages for injury to your credit rating as per the case of

Kpohraror v Woolwich Building Society - [1996] 4 All ER 119 which i have attached a copy

 

there are many different views on how to deal with default removal, however none are very fast

 

you would need to issue a N1 no matter and take this through the county court as CRAs always claim "because they have been told by the creditor its right then its gotta stay"

 

Regards

 

paul

 

Hi can you please send a copy of Kpohraror v Woolwich Building Society - [1996] 4 All ER 119.

 

Thank you

[Chatt43]

Hi Ive read your letter here can you advise how I file at court and what should I quote re a removal of defult from Link who have not replyd

 

Thanks Nick