CCA request - Defaults

[animal_lover]

I sent of a CCA request to a couple of companies i had/have an account with mainly for a copy of the default notice as i've never recieved the original.

 

On a few of the replies i've recieved they say that they are only computer generated and therefore they don't have a copy of the notice so since in the request letter it says a signed true and certified copy of the original notice.

 

Does that mean they don't have it?

 

If it does what should i do next

 

Thanks

 

AL

[animal_lover]

Bump - can anyone help me please

[SharpmanTF1]

have to be more specific as to what your intentions are.

[animal_lover]

Sorry

 

I'm trying to get the defaults removed on some of my accounts as i've never recieved the original notice.

I sent a CCA request for the relevant accounts and in some of the replies it says that they are computer generated so they don't have a copy but give me the date of when i would of recieved them.

 

I was just wondering if it was true that even if there computer generated, would the not have a copy and also is there anything i can do to challenge it

 

Thanks

 

AL

[angel_1]

hiya

 

just a thought, have you requested your Sars, subject access record, i m doing that on mine at the moment, pay 10.00 postal order, do not send your signature and they have 40 days to send you all information they hold on you thus i would think the original notice must be sent to you, or information at least to support their action

 

sure others more experienced will come along but those are my thoughts

 

ciao for now maz

[SharpmanTF1]

Have a look at this site

 

Remove Default Notices on a Credit File - We show you how | LearnMoney.co.uk

 

Some more info for you.

 

D R A F T

 

Also take a look at this.

 

Consumer Credit Act 2006

 

obviously you would also need to check out the CCA 1974 regs if the CCA were prior to when 206 regs came into force.

 

That should keep you busy for a couple of minutes.

 

Are all of your CCAs enforceable?

 

Sharpman

[animal_lover]

Hi maz,

 

I've not done it on all of them but for some i have and they haven't included the default notice with it. unless i write to them again to remind them, then they say it's computer generated.

[animal_lover]

Thanks i'll have a look at them in a min.

 

I'm not sure if there enforceable, Some of the accounts are actually closed. I've only contacted them regarding the Default notices and any charges.

 

For the others i've posted some on the relevant thread and it looks like there not so i've benn advised to go to CAB and have them check them.

 

So i've got an appointment with a debt advisor on the 4th Dec so hopefully i'll find out for sure then.

 

Thanks

 

AL

[postggj]

hi animal lover

long time no see

 

i might be able to help on this one

 

i had the run around by hbos, computer generated

 

you need to send an sar

in it, they have to include the default notice

they say its computer generated

in your sar, you will get a screen shot of the default notice, if any

 

take it from me, a lot of companies default with out the default notice, this is comming back to bite them in the ass

 

this is a typical hog wash response, ( we have not got one )

 

when we get the sar back, follow the advice above.

you just have to fight tooth and nail to get it removed and keep responding to there letters. in the end they will get fed up

 

with me and hbos, got an equifax alert, default gone

 

they did not even notify me of this

 

keep fighting

[angel_1]

hiya guys,

from my SARS request ive pulled the part i used for this info hope it may help

let me know, im still awaiting on my full sars info,

******

True copies of any notice of assignment and/or default notice or enforcement notices that you may have sent to me, with a copy of any proof of postage that you hold.

*****

ciao for now maz

 

 

[animal_lover]

hi postggj,

 

Yep it's been a while been having problems with my broadband.

 

I'll have a look through the ones i've got the S.A.R for and see if i can find anything and i'll send of S.A.R to the rest.

 

Thanks

 

AL

[animal_lover]

I've gone through all my accounts with defaults, All of which i never recieved the original default notices. I'm a little embarrassed about how many i've got but this is wher i'm up to with them.

 

RBS - Sent S.A.R no Default Notice sent letter asking for this along with rest of missing info say they don't have a copy - computer generated (they also never sent the other missing info but say that if i drop my claim for charges they will wipe it off and close my account. Owed nearly double with Contractual Interest so haven't replied to letler yet)

 

Solution Finance - Sent S.A.R lost CCA and never included default notice - sent letter to reclaim charges and remove default within 14 days via the DCA. been 4 weeks no reply everytime i ring DCA say they have sent it to them and are just awaiting a reply.

 

Capital One - sent CCA, sent a copy of what a default notice looks like -no personal details or anything. says default notice computer generated.

 

New look - doing investigation into removing it about 3 months ago no final response - sent s.10 notice a week ago no reply so far.

 

Welcome - sent S.A.R - say everything they have on me is in the S.A.R after sent letter for missing info - no copy of default notice at one point i had 2 defaults for 1 account.

 

Argos - Not sent in CCA still awaiting S.A.R

 

Additions, Kays and Littlewoods - sent S.A.R and then sent missing info letter after default notices not included - no agreement for my Additions account but they say the notices are comp gen and gave me a date on when i should of recieved them.

 

Vanquis - Sent CCA only replied after getting ICO involved, but only replied to s.78 with the CCA (which they only sent a blank app form). Going to put a complaint into OFT.

 

Euphony - sent CCA no reply. Put in complaint to ICO

 

If anyone has any advice on what i can do next to hurry these along i would appreciate it, I've had enough of all these defaults on my credit files ruining it.

 

Thanks

 

AL

[animal_lover]

I need some more help please if anyone can.

 

I sent a letter to all three CRA'S disputing the above info and they replied to all of them saying the info is accurate. I then sent another letter basically saying that i knew that that would be the reply and asked them to stop processing my data otherwise i would get legal advise at the view of seeking compensation for defamation.

 

This is the reply i recieved from Experian - Help Please

 

http://i157.photobucket.com/albums/t50/jensenjaredaholic/Documents162.jpg

 

http://i157.photobucket.com/albums/t50/jensenjaredaholic/Documents163.jpg

 

AL

Edited March 16, 2009 by animal_lover
changed letters

[Prangers]

im confused the first doc you posted is from experian and the second seems to be part of a letter to experian from the ombudsman???

[animal_lover]

Sorted it know sorry.

 

The last one was for another post

 

Thanks

 

AL

[animal_lover]

Can anyone please help me - Please

[animal_lover]

Bump