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    • Hmm yes I see your point about proof of postage but nonetheless... "A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid,  must be delivered either (Where a notice to driver (parking ticket) has been served) Not earlier than 28 days after, nor more than 56 days after, the service of that notice to driver; or (Where no notice to driver has been served (e.g ANPR is used)) Not later than 14 days after the vehicle was parked A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales." My question there is really what might constitute proof? Since you say the issue of delivery is a common one I suppose that no satisfactory answer has been established or you would probably have told me.
    • I would stand your ground and go for the interest. Even if the interest is not awarded you will get the judgement and the worst that might happen is that you won't get your claim fee.  However, it is almost inevitable that you will get the interest.  It is correct that it is at the discretion of the judge but the discretion is almost always exercised in favour of the claimant in these cases.  I think you should stand your ground and don't give even the slightest penny away Another judgement against them on this issue would be very bad for them and they would be really stupid to risk it but if they did, it would cost them far more than the interest they are trying to save which they will most likely have to pay anyway
    • Yep, true to form, they are happy to just save a couple of quid... They invariably lose in court, so to them, that's a win. 😅
    • Your concern regarding the 14 days delivery is a common one. Not been on the forum that long, but I don't think the following thought has ever been challenged. My view is that they should have proof of when it was posted, not when they "issued", or printed it. Of course, they would never show any proof of postage, unless it went to court. Private parking companies are simply after money, and will just keep sending ever more threatening letters to intimidate you into paying up. It's not been mentioned yet, but DO NOT APPEAL! You could inadvertently give up useful legal protection and they will refuse any appeal, because they're just after the cash...  
    • The sign says "Parking conditions apply 24/7". Mind you, that's after a huge wall of text. The whole thing is massively confusing.  Goodness knows what you're meant to do if you spend only a fiver in Iceland or you stay a few minutes over the hour there.
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Nationwide Default removal.


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thanks for the info. i have already put in a claim for charges at the beginning of last year but its the default that i want removed and they have already said in my last letter that they cant provide me with a copy of the default notice so i kinda need to know what to do next. do i complain to the information commissioner or the oft???

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thanks for the info. i have already put in a claim for charges at the beginning of last year but its the default that i want removed and they have already said in my last letter that they cant provide me with a copy of the default notice so i kinda need to know what to do next. do i complain to the information commissioner or the oft???

 

 

Ah - now that's what I am not sure of... :!:

 

I am looking to do the same thing but have been in work today.. am off tomorrow.

 

I have done the CCA letters ready to send but am a bit unsure now because another thread suggests you don't send it if you want the default notice.

 

And I know they should send the Default notice in with the SARs but I have never received one?

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when i originally complained about charges at the start of last year i never had to SAR them as i had my statements so just did everything from that.

 

but when i complained in October 08 about the default and asked for a copy of the default notice they sent a letter saying they dont have a copy so sent me a template letter instead.

 

and after phoning them yesterday they said they were not prepaired to do anything further.

 

the CRA are investigating the matter but as we all know they dont give a toss and basically work for the banks anyway im 99% sure they wont do diddly squat.

 

i guess i need to pass my complaint onto someone but is it the oft or the IC but im unsure if the IC will actually try and resolve my complaint or just use the info to put a little black mark against Nationwide... grrrrrrrr its doing my head in lol

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when i originally complained about charges at the start of last year i never had to Subject Access Request them as i had my statements so just did everything from that.

 

but when i complained in October 08 about the default and asked for a copy of the default notice they sent a letter saying they dont have a copy so sent me a template letter instead.

 

and after phoning them yesterday they said they were not prepaired to do anything further.

 

the CRA are investigating the matter but as we all know they dont give a toss and basically work for the banks anyway im 99% sure they wont do diddly squat.

 

i guess i need to pass my complaint onto someone but is it the oft or the Information Commissioner but im unsure if the Information Commissioner will actually try and resolve my complaint or just use the info to put a little black mark against Nationwide... grrrrrrrr its doing my head in lol

 

 

I think as long as you have all copies of all your liaisions with Nationwide you should write to the Information Commissioner :)

 

I am going to look into it today properly, I think the fact you don't have a CCA is a good thing.

 

Am not sure about it all, it seems alot of people working hard trying to get defaults removed but not many people getting anywhere!? Correct me if I am wrong.

 

I was really happy the other day thinking I have a chance to remove defaults, clean up my credit file, now I am not so sure.

 

I don't want to pay off a default either now, to get it satisfied.. because it will just add 2 years before it comes off my credit file.. if I could PAY it AND get it removed, I will pay in full 8)

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i have most of my correspondence with Nationwide. i certainly have everything between us since i started my complaints.

 

not sure what you mean by not having a CCA is a good thing as its a current account and im not sure if the credit agrement applies to current accounts.

 

yeh i think removing a default is certainly one of the hardest things to get removed IMO , it was easier to get the £4600 back from HBOS last year than it was to get them to remove the 3 defaults associated with the refund.

 

Nationwide have got to be the most unorgonised company i have ever dealt with. they have way too many departments that never talk to eachother and they dont share information its pathetic.

 

as far as im aware thedefault will be removed after 6 years of it being on there regardless if the debt is paid or not. my Nationwide is due to expire on -09/09/2010 and at this rate it will prob take me that long to get them to remove it anyway. so is there really any point me arguing it out with them??????????

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i have most of my correspondence with Nationwide. i certainly have everything between us since i started my complaints.

 

not sure what you mean by not having a CCA is a good thing as its a current account and im not sure if the credit agrement applies to current accounts.

 

yeh i think removing a default is certainly one of the hardest things to get removed IMO , it was easier to get the £4600 back from HBOS last year than it was to get them to remove the 3 defaults associated with the refund.

 

Nationwide have got to be the most unorgonised company i have ever dealt with. they have way too many departments that never talk to eachother and they dont share information its pathetic.

 

as far as im aware thedefault will be removed after 6 years of it being on there regardless if the debt is paid or not. my Nationwide is due to expire on -09/09/2010 and at this rate it will prob take me that long to get them to remove it anyway. so is there really any point me arguing it out with them??????????

 

 

It expires (the 6 years is up) from the date of last payment. Is 09/09/2010 the date of last payment or the date the default was applied? :)

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after laying down some very strong threats on paper and giving Nationwide till today to remove the Default from my file it seems as though they have done it. just checked my credit report and the default has been removed from the account. i have printed a few copies so i have proof..... i havnt had anything in writing from nationwide yet so im not sure weather they have just taken it off until they can provide me with proof of default notice ( a suggestion i gave them) so hopefully have something in the post today.

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after laying down some very strong threats on paper and giving Nationwide till today to remove the Default from my file it seems as though they have done it. just checked my credit report and the default has been removed from the account. i have printed a few copies so i have proof..... i havnt had anything in writing from nationwide yet so im not sure weather they have just taken it off until they can provide me with proof of default notice ( a suggestion i gave them) so hopefully have something in the post today.

 

 

Excellent - make sure it stays off now :)

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yeh im hoping it will not re appear after nationwide think i have forgotten all about it.

 

i feel soooo happy today... i have had default after default and at one time i had 6 on my file. and a CCJ. but after nearly 2 years fighting to get everything removed and get some money back i now for the first time in 11 years have a clean credit file lol soooooo happy

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yeh im hoping it will not re appear after nationwide think i have forgotten all about it.

 

i feel soooo happy today... i have had default after default and at one time i had 6 on my file. and a CCJ. but after nearly 2 years fighting to get everything removed and get some money back i now for the first time in 11 years have a clean credit file lol soooooo happy

 

Excellent :D Well done... that is a big achievement Prangers :)

 

I am starting to fight now... only want two removed, the others are dropping off at various stages through this years and it's not worth me fighting them, they've been on there 6, one account had 2k in bank charges alone but that has gone (from equifax anyways).

 

I am in a good position, as one Default is all charges and the other Default doesn't have a CCA!

 

So hopefully in 12 months they will be gone too :cool:

 

You can now get good rates on cards etc - and a good credit card is worth having :)

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yeh i have done quite well really. i had 3 defaults with Intelligent Finance... had all defaults removed and got £4600 back in charges and over payment. had an abbey default removed

had this nationwide default removed.

 

have a claim for just over £5000 in charges from Abbey

and a claim for £400 from Nationwide.

 

so when this whole test case finishes i should be sorted lol

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yeh i have done quite well really. i had 3 defaults with Intelligent Finance... had all defaults removed and got £4600 back in charges and over payment. had an abbey default removed

had this nationwide default removed.

 

have a claim for just over £5000 in charges from Abbey

and a claim for £400 from Nationwide.

 

so when this whole test case finishes i should be sorted lol

 

 

Yes you should and rightly so too!!

 

The Banks have only themselves to blame for all of this.. including the credit crunch!

 

I read Bankfodders post on going straight to the Information Commissioner about defaults and I think I might do that.

 

I was also reading a thread about someone with an ongoing course case with Andrew Mills the Solicitor from Experian.. and it is looking good for him! I hope he wins!!!

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yeh i read his post too. but in my cases i did everything myself.... i informed the OFT about my IF complaint but managed to settle it before the OFT pulled thier fingers out. and everything else has been done by constant pestering and long letters threatening them (within the law) constantly.

 

i dont find it a chore or hard work to send loads of letters or constantly be on the phone ruining the day of these ruthless people. cos at the end of the day for the last 11 years i have had to endure it from them. so i see it as payback.

 

i would do as much of the paperwork and calls myself if i was anyone. there is soooo much infor on here so there is no need to go to the OFT , FSA, IC , CRA. or anyone else unless it really is the very last resort. i find that all these people are only on the side of the banks and most of them are just as bad as the banks.... one word for them ****

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yeh i read his post too. but in my cases i did everything myself.... i informed the OFT about my IF complaint but managed to settle it before the OFT pulled thier fingers out. and everything else has been done by constant pestering and long letters threatening them (within the law) constantly.

 

i dont find it a chore or hard work to send loads of letters or constantly be on the phone ruining the day of these ruthless people. cos at the end of the day for the last 11 years i have had to endure it from them. so i see it as payback.

 

i would do as much of the paperwork and calls myself if i was anyone. there is soooo much infor on here so there is no need to go to the OFT , FSA, Information Commissioner , CRA. or anyone else unless it really is the very last resort. i find that all these people are only on the side of the banks and most of them are just as bad as the banks.... one word for them ****

 

 

I am also quite happy to fire letters off.. am just trying to make sure the RIGHT letters get fired off :D

 

I have got about a fortnight now before I can send anything else.. my first letters only went yesterday :D

 

I hope you are going to stick around and help others out :)

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yeh i will stick about. i still have 2 ongoing claims for charges which im going to file both in court as i cant be bothered with leaving it up to the banks to inform me when i can get my money back. i have more faith (only a little) in the court system.

 

and there are soooo many other bits of useful infor on her about many other consumer things that it would be silly to leave.

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yeh i will stick about. i still have 2 ongoing claims for charges which im going to file both in court as i cant be bothered with leaving it up to the banks to inform me when i can get my money back. i have more faith (only a little) in the court system.

 

and there are soooo many other bits of useful infor on her about many other consumer things that it would be silly to leave.

 

 

I began loads of things on here in 2006 but then ended up sidetracked with work/life.. stress... etc etc...

 

Wish I had come back a bit sooner.. but that's life I suppose!

 

And there is plenty of invaluable information on here, for sure!

 

 

Can I ask you - when you queried a Default on your file.. did Equifax add notices of correction? They have added 3 for me and I this looks bad doesn't it?

 

They also updated my Electoral Register information too which now says I have been on it 5 years and removed an associate.

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i queried the Intelligent Finance defaults with experian..... and they did sod all apart from adding a note that the accounts were disputed basically..... but they did nothing else. and im sure it would only make a difference if you applied for credit and they did a manual search.

 

i threatened experian to get the info off my file as its wrong or else...... and they took it off thier own back to add the notice of correction on there.

 

i dont think the notices of corrections would make any differnce whatsoever being on your file. and i cant see how they make he slightest amount of differnce when applying for credit.

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i queried the Intelligent Finance defaults with experian..... and they did sod all apart from adding a note that the accounts were disputed basically..... but they did nothing else. and im sure it would only make a difference if you applied for credit and they did a manual search.

 

i threatened experian to get the info off my file as its wrong or else...... and they took it off thier own back to add the notice of correction on there.

 

i dont think the notices of corrections would make any differnce whatsoever being on your file. and i cant see how they make he slightest amount of differnce when applying for credit.

 

 

They apparently make it look bad - my notices say take care ... blah blah.. to the companies possibly giving me credit and there is a dispute with information added by Insight or something :-x

 

I can only get credit at higher APR's anyways and don't want it, well can't afford to pay it and don't want to overstretch myself now.. and besides, got used to paying with cash or doing without now :D

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my notices of correction said take care when using this information as its been disputed..

 

i translate that to mean that a credit provider should think twice about using the disputed account as a basis for not providing credit. and to only use the remaining non disputed accounts to check for credit worthiness,

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my notices of correction said take care when using this information as its been disputed..

 

i translate that to mean that a credit provider should think twice about using the disputed account as a basis for not providing credit. and to only use the remaining non disputed accounts to check for credit worthiness,

 

 

Ah you could be right - funny how we all interperet the written word differently isn't it :D

 

I read somewhere though that Notices of Correction look bad..

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they are probably not a good thing... but then hey cant be as bad as the information you are actually disputing so i dont think it will affect anything.

 

my credit score went up by nearly 200 points according to experian simply by having the default removed so i can confirm defaults a shocking for a your credit worthiness. hopefully over the next few months my credit worthiness will continue to improve.

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  • 2 months later...

just an update.

 

passed all details onto the FOS and now leaving it to them to deal with the monkies.

 

the FOS have said again they find it hard to beleive that Nationwide have removed the default relating to the complaint but will not refund the charges related to the complaint. but obviously the FOS are very busy and will deal with my complaint whenever they can. so i guess ill just have to wait.

 

i have put in my letter to the FOS that i would like to be compensated for the default being on my file for over 4 years. does anyone know if im pushing my luck or if they may compensate me..... and if so what have people managed to get out of the banks for holding false defaults on their credit files for this period of time???????

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Prangers for the love of jesus stop this nonsense, what do you mean pushing it ? they owe you DO NOT GIVE up, i am still struggling with these (edit), i cannot believe the incomptence, tomorrow is D day, if i do not get a satisfactory result, I will speak to my judge at the court, and get HIS advice about the best way to proceed, it looks of course first port of call is the FOS, but i will not sit back and do bugger all, i told NW today that I will not leave this and will SUE, i swear on my life, i am so furious.

 

DO NOT KEEP SAYING AM I PUSHING IT ITS YOUR BLOODY MONEY.

 

GO GET IT.

 

I WILL POSTING ON MY OWN THREAD,

 

I WLL BE SUING NATIONWIDE AND EXPERIAN, I HAVE THE MONEY TO DO IT AND THE FREE LEGAL ADVICE AFTER ALL......

Edited by freakyleaky
Bypassing swear filter.

** Credentials **

 

10 Years Finance Fraud Investigator

 

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im only saying am i pushing it regarding compensation.... i will get the charges back and nothing less. but was wondering what kind of compensation i should either ask for or expect???????

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