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Defaults Including Charges And Interest Settled, Rbs And Equifax Refusing To Remove Info


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Hi guys,

just recieved my credit report from Equifax and noted that there are two defaults showing from RBS (as well as the 2 crapy cabot ones) dated 03/2004, one for a current account 946.00 and one for a loan account 6393.00, both of these were made up of charges and interest to the total of 1800.00

Back in August 2006 I was served with a CCJ to a total of 7347.55 which I foolishly didnt contest (none the wiser) and paid in full within the one month of judgement thinking there would be no record of this on my credit file.

I have been in contact with RBS and Experian, who say they will not remove the default and that they have the right to process this data for the dreaded 6 years although it does show as settled.

I was wondering if anyone knows or has managed to get settled defaults removed??????

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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Doesn't sound fair to me ...

 

If you look at the Information Commissioner's website, guidance for CRAs, it says that they have to be proportionate.

 

They are treating you, who paid in full, the same as someone who owes them lots but they never took to court.

 

There are arguments that say that a default should be removed when you go to court.

 

In reality you were a late payer.

 

Arguments along those lines along with a complaint to the ICO if they do nothing might help

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Or maybe there is some mileage in suggesting that they are in contempt of court since the court says that nothing will be recorded if you pay up

 

Especially if default & court action are all part of the same package (which they were in your case)

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This was what I recieved from the courts after paying up, is the information they are processing incorrect as it was made up of unlawful charges and interest applied?

 

 

CCF28082008_00001.jpg

Edited by Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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I also forgot to mention guys that I tried to reclaim the unlawful charges and obviously these were stayed awaiting the test case results

 

Hadituptohere :confused:

Edited by Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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Does anyone else have any thoughts at to what 2Grumpy has mentioned regarding the contempt of court, surely as the default was entered and paid in full within the month the court has marked to be removed , it should be removed or they would have crossed the box marked to show that the debt including any interest as satisfied, thanks for your thoughts 2Grumpy....

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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Did you receive a valid executed agreement from them before they took you to Court? If they didn't. it may well be that they shouldn't have taken you to Court in the first place. So that both the default and the ccj should be removed. And that will serve them right for being so god.......ned greedy.

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Didnt receive anything other than the court papers that I can recall at the time, as ive said I was totaly unaware of the CCA back then, I just remember being in a mad panic to sort the finances to pay the debt off within the month so there wouldnt be anything on my credit record, is there any point in asking for a CCA so late?

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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As you have now paid off the whole amount you cannot CCA them. However you can send them an SAR along with a £10 postal order. Do not sign the letter and send it by recorded delivery.

Within 40 days they should send all the data they have on you, including the original executed agreement and the default notice. If neither appear, point out that they are in breach of the Data Protection Act by failing to supply those documents. Demand them within 14 days or you will complain to the

ICO for the breach. In addition, if they still can not produce either document , then they should not have applied for a CCJ and you will be applying to the Court to have the CCJ and the default removed as well as claiming damages.

 

If you don't want to wait that long you could send them a letter marked "Without Prejudice" advising them that you will send them an SAR unless they remove the default. You will be expecting a copy of the executed agreement and a copy the actual default notice they sent you as part of the SAR. Should either document fail to appear, you will take them back to Court to have all trace of the CCJ and the default removed and claim compensation. Give them 14 days.

 

After that it is up to you. If they decide to remove the default it more than likely means that they haven't got at least one of the required documents.

You can accept it or SAR them with a view to taking them to Court to get the CCJ removed if they can't produce the agreement/ default notice.

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  • 2 weeks later...

Thank for the advise, been away for a week but sent the S.A.R today by special delivery to their registered address asking for everything they hold about me, along with a copy of my signature to eliminate the 'we need a copy of your signature' delaying tactics.

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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  • 4 weeks later...

Right, today ive recieved this in the post from RBS, to me this clearly doesnt suffice as a S.A.R - (Subject Access Request). Along with these two doc's came a glossary of tems and a page of personal info (name, DOB, acc no etc) that is it.

 

Any thoughts as what to do next plz...???

 

 

Hadituptohere.

 

CCI07102008_00000.jpg

 

 

 

 

 

CCI07102008_00001.jpg

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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Sorry ive noiced the mistake myself, its only the info from within CMS.....

Dohhhhhhhhhhhhhh!

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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  • 2 weeks later...

I will try and explain how far I have got with experian regarding my credit report

and how obstructive has been regarding tidying up my file.

 

 

Please bear with me, I have posted something similar elswhere ion this site a while ago.

 

I have two so called accounts with cabot for previous credit cards that were defaulted around June 03 on my credit file

but only one of these showed up on my experian report

and both on my equifax report along with two settled defaults from RBS from March 04,

 

 

as I realised after finding this site these two accounts (cabot) were made up of unlawful charges,

after SARing the Original Lenders to find they only had Unenforcable Agreements/application forms

and no Default notice on one and only recieving a list of charges that dated back six years

although the card was from 2000 on the other I disputed the accounts with cabot and got the usual rubbish from them.

 

As the balances were incorrect and the appropriate paperwork required for marking or issuing a default were none existant

I decided to dispute these defaults that experian and equifax are disclosing,

I sent letters to both along with proof of correspondence to the original lenders

and cabot that these letters were in dispute,

 

 

equfax acknowledged my dipute placed a dispute marker on file

and then removed the default info due to no responce from their client within the 28 days.

 

Experian on the other hand passed my letters to mr who wrote several letters asking me

on what grouds is the info incorrect, informing me that unenforcable agreements do not warrant removal of defaults

( although the accounts had the unlawful charges and id sent him proof of the charges),

 

 

I tried serving them s12 Data Protection Act notices and got the usual this does not apply to experian,

in that repy he notified me he was placing a dispute marker on my file,

which he had already notifed me of when I raised the dispute with them some 64 days previous,

 

 

 

 

off went a letter reminding him of this and of the Information Commissioners Office quidelines

as to dispute markers were after an appropriate time say 28 days the info removed if no reply from their client.

 

He has now written back informing me hes had a responce from cabot informing him

the info should remain on my file which I find unbeliveably coincident.

 

To top things off I have just recived my credit file from experian and it now shows both alledged accounts with cabot

and the two settled defaults from RBS, now to me that seems a little underhand.

 

Any advise please

 

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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I had EXACTLY the same response when I asked them to remove an incorrectly added default by Wescot. Strange that Wescot dont reply to Equifax on the query and as such Equifax remove the default, yet they respond to Experian saying that the default is to remain on the file.

 

I contacted the ICO, who took 7 months to respond and they advised Wescot to remove the entry immediately. I didn't find this out until after 12 months of chasing the ICO who were told by Wescot that they had done it! I pointed out that they hadn't and it was finally removed.

 

Now I'm in a similar situation - debt in despite, CCA defaulted and 18 months later they slap a default on my account - yet no default issued.

Equifax wiped the entry in 7 days as they got no response from the DCA, just waiting to hear back from Experian and I reckon that they too will miraculously contact Experian saying the information is to remain.

 

We'll wait and see.

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Hi guys,

well the 40 days was up yesturday for RBS and my SAR, they have provided me with a copy of the Credit Agrement but no default notice although they have refered to Ad-hoc Default Notice MTA Manchester and Ad-hoc Default Notice RBL Manchester in their Diary Event History which they have sent.

Should I write to them asking for a copy of the default notice?

I have recently sent them Surley's s10, s12 Data Protection Notice due to the contract ended once the account was settled to see if that works but that was back on the 9th Oct and had no acknowledgement to that letter I gave them 7 days to respond.

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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I have recently sent them Surley's s10, s12 Data Protection Notice due to the contract ended once the account was settled to see if that works but that was back on the 9th Oct and had no acknowledgement to that letter I gave them 7 days to respond.

 

I think the DPA states they have 21 days to respond, so this gives them a little while longer, although they probably still won't reply.:mad:

 

BobbyH

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Yes just looked back and the notice gives them 7 days to cease processing but the covering letter gives them 21 days. I was only adding the bit about the s10,12 notice to let people know where im up to, still confused as to wether its worth righting to them and asking for a copy of the default notice or would the fact they refer to it in there Diary exclude any court action due to lack of default notice?

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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This was july 08 credit report from experian, 1 default showing

 

Hadituptohere

 

julycreditreport.jpg

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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dohh

Edited by Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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dohh

Edited by Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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this was octobers credit report from experian showing four defaults after disputing the cabot account over lack of default notice incorrect amount due to unlawful charges, surley this is done out of spite for trying to tidy up my credit file

 

 

octobercreditreport.jpg

 

octcredit2.jpg

 

 

sorry ive also posted this on one of my other threads by mistake..

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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the notice of correction doesnt even apply to the RBS accounts its one I asked to be removed from the cabot account and replaced by a dispute marker

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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Sorry guys post's 16 and 17 were supposed to be uploaded to another thread I have going, if one of the site team could please remove them from this thread.

Anyway Ive sent RBS a request for the Default notice and given them 7 days seeing as the SAR period has expired

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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Had a letter today informing me that CMS in Telford is dealing with my S10-12 notice and that theyll be in touch within 10 days. Still havent had a responce to my LBA or SAR reminder for the missing default notice or legal action papers, they've got till tomorrow to respond. Any advise guys??

 

Hadituptohere

Edited by Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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Right guys

Ive had a reply to my reminder about the SAR ive sent RBS, I guess this is good ??? any advise as what to do next plz

 

 

Hadituptohere

 

rbsreplyforlegaldocs.jpg

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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