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2 defaults Egg and Vodaphone - Default hell!!


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Hello,

I am about to try the opt out with experian but was wondering what the effect would be on my abaility to get credit - if i opt out what will happend when a bank attempts to do a search on me? (will my application be rejected)

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Hello,

I am about to try the opt out with experian but was wondering what the effect would be on my abaility to get credit - if i opt out what will happend when a bank attempts to do a search on me? (will my application be rejected)

 

Read the earlier parts of this thread, based on my own experiences.

Lenders' Credit decisions are based on many factors, not just if your data records are blocked/removed/manual, etc.

 

The CRAs only produce a credit score, not a decision. The lender makes the decision, and they all use different methods to use the supplied 'score' in a noverall risk assessment.

I'm often a sarcastic SOB and speak my mind (and I don't do PC at all), but I have a laugh as I go. I won't be intimidated, and I don't take prisoners... so live with it, or go get yourself a humour implant :p

 

Copy of Law book from Amazon…£19.95, Refund Request stamp...32p, LBA stamp...also 32p, Court fees...£750.00,

The look on the bank's barrister's face, when they lost the '£25k Mother-of-all unfair charges' cases...(plus his £8k+ of costs)... Priceless!

 

The legal bit: These are my opinions and own view of legislation and process. I accept no liability whatsoever for any outcome as a result of anyone invoking any or all of the advice given - clarify your own personal stuation with an insured legal professional.

Saying that, I've used these methods against many of these corporate crooks:evil: and won hands down!:D

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I can only go on my on exeriences... I've had three applications approved since then.... read the thread please.

 

I think there's a few terminology misunderstandings here, that's why it's important you read the whole thread.

 

1) It's not a 'removal' of the file... the data still stays on it, they just have to provide the data in a manual process, for which I understand that they don't have the facility.

 

2) It is not opting-out of the credit reference process - it is opting-out of having your data processed by fully automatic methods.

 

Also, please understand that data that is in the public domain, or in the public interest e.g. Bankruptcy Orders/Discharges, IVAs, CCJs, CIFAS, GAIN markers... can stay on the file. It is not classed as personal subject data.

I'm often a sarcastic SOB and speak my mind (and I don't do PC at all), but I have a laugh as I go. I won't be intimidated, and I don't take prisoners... so live with it, or go get yourself a humour implant :p

 

Copy of Law book from Amazon…£19.95, Refund Request stamp...32p, LBA stamp...also 32p, Court fees...£750.00,

The look on the bank's barrister's face, when they lost the '£25k Mother-of-all unfair charges' cases...(plus his £8k+ of costs)... Priceless!

 

The legal bit: These are my opinions and own view of legislation and process. I accept no liability whatsoever for any outcome as a result of anyone invoking any or all of the advice given - clarify your own personal stuation with an insured legal professional.

Saying that, I've used these methods against many of these corporate crooks:evil: and won hands down!:D

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With the issue on the quote above regarding CIFAS. I am registered with CIFAS, through my own choice which cost me £11 per year. Having this doesnt have a bearing on your credit file does it? I thought that if on there it will just help protect your credit file from being used by other people no, and didnt have an affect other than that lenders just needed to double check who you are when applying for credit?

 

CIFAS markers are a double-mechanism for the credit industry. It stands for Credit Industry Fraud Avoidance Scheme and was introduced to try and help alert lenders to fraudulent activity, suspected or otherwise.

 

1) First use is that you can apply to have one. This is basically because you may have experienced someone committing identity theft and they may have applied for, or secured, credit in your name. Alternatively, a large number of searches have appeared on your file, and you are concerned that someone might be trying to obtain credit.

If it's a voluntary marker, then it should not make a difference to your own genuine applications. However, don't take that for granted!!! If you get refused for credit and they say it's because you have a CIFAS marker, then don't say I didn't tell you.

I know of people who have been turned down by having a voluntary marker, and the banks adamantly refusing to reconsider the application, even when they showed them the application letter asking for the marker service in the first place!!!

 

2) Second scenario - lenders notify the CRAs for it to be added on your file as a suspected fraudulent (or deceptive) application.

 

I've had this happen to me because some muppet in the application processing centre typed too many zeros in the field asking for annual salary. Despite me writing it clearly on the form (it even had charater boxes to really make it clear- and I'd made a line after the final digit!!), they managed to give me a salary ten times what I was on.

They queried this against my salary slip, and and refused the application.

Some whle later, I got turned down becuase of a CIFAS marker that these previous Muppets had put on.

I had to go through loads of hassle to get a copy of the application form - by the way, they have to keep a copy of if they apply a marker for as long as they keep the marker on - to prove what they did wrong.

 

It still took me about two months to sort out with the obvious insinuation that I was the one in the wrong and had attempted to try and obtain a financial instrument through deception. I could not believe the note that they had added to the marker:

"[Date] - Attempt to obtain lending facility of £10,000 through giving false or deceptive information - [17] Proof of earnings"

 

I just about went ape-s**t when I saw that and 'invited' them to substantiate such defamatory and libellous language when it was their fault.

 

Eventually, they did clear it, however, with no apology whatsoever, just the standard "an error that seems to have been made during the application data entry stage". Looking back now, I could have sought compensation.

 

So, the onus is on the lender to show that it was not a genuine mistake on the part of the applicant, and that there was a definite and deliberate attempt to obtain an advantage.

(I wonder if Peter Mandelson's file ever had a marker for his... ahem.. "confusion" over his mortgage status):x

 

If, however, it was a clear attempt to obtain credit via deception, then not only would the applicant face a potential criminal charge (10 years for Mandy, say I, and no parole) but it would be deemed "in the public interest" to record this on your file.

You could still try taking it to Court and arguing that "no charges = no guilt", but that might only inflame the lender who then might actually phone up the Old Bill and press charges. Also, I doubt if a judge would agree that it was "not a fair marker to record" in light of the circumstances.

 

GAIN markers are along the same - Gone Away Information Network stores records on those people who have simply moved home and not cleared any outstanding bills. They use this info to try and trace debtors.

Again, this could be seen as a deliberate attempt to try and avoid payment of credit, and I thnk any judge would probably rule in the CRAs favour, unless there was VERY real evidence to show that this was not deliberate. Apparently, some armed forces personnel have alot of trouble with these, when they move around bases, hence why most use the Armed Services recommended lenders who understand the logistics of being sent away on duty.

 

 

So, you can see just how easy it would be for lenders to get CIFAS markers confused. Some lenders' systems might pick up the CIFAS marker and flash "Computer says 'no'" on the screen, having not looked into what type of CIFAS marker it was.

 

If you asked most bank staff what a CIFAS marker, they would only give you one answer "Credit Fraud Avoidance". Most of them don't even know that you can ask for this voluntarily.

 

Personally, I think £11 a year is a waste of money, and would simply investigate any discrepancies as they occured. However, the CRAs love playing on our fears of supposed "Identity Theft" and then coming up with wonderful ways for US to pay THEM to protect our data... like HTF did that business arrangement ever get agreed??!?!:eek:

 

Identity Theft is nowhere near the problem that the press make out... these are stories seeded by the CRAs and banks into the press - they help each other out on publicisng such bulls**t.

 

Let's face it, unless you were really an amoeba-brain with regard to your old paperwork, the chances of someone being able to apply as you, get the confirmation paperwork from your house, take calls at your house, and know a PIN number that you gave them (only 10,000 permutations, after all), are pretty few and far between.

 

My advice: instead of £11 a year to each of the agencies, is spend a one-off payment to Staples or WH Smith for a £12.99 document shredder. And use the output to line the bottom of pet cages...that'll also save you about £80 quid a year, if you have any pets!

I'm often a sarcastic SOB and speak my mind (and I don't do PC at all), but I have a laugh as I go. I won't be intimidated, and I don't take prisoners... so live with it, or go get yourself a humour implant :p

 

Copy of Law book from Amazon…£19.95, Refund Request stamp...32p, LBA stamp...also 32p, Court fees...£750.00,

The look on the bank's barrister's face, when they lost the '£25k Mother-of-all unfair charges' cases...(plus his £8k+ of costs)... Priceless!

 

The legal bit: These are my opinions and own view of legislation and process. I accept no liability whatsoever for any outcome as a result of anyone invoking any or all of the advice given - clarify your own personal stuation with an insured legal professional.

Saying that, I've used these methods against many of these corporate crooks:evil: and won hands down!:D

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surlybonds et al, this thread is amazing! you say that if they have no signature on agreement then they are basically stuffed? i'll not bore you with details, they're on another thread, but I have had an ongoing dispute with 1st credit re a £30 debt I never had, it's now £200. eventually after finding site I sent CCA to all 7, yes 7 DCA's acting for them. they have now written back saying that they don't and never had an agreemnt but they will ensure it is recorded on my cra file for 6 years. now i know that they can't actually do that, well they will anyway, but what would be the most effective way to deal with them? thanks

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surlybonds et al, this thread is amazing! you say that if they have no signature on agreement then they are basically stuffed? i'll not bore you with details, they're on another thread, but I have had an ongoing dispute with 1st credit re a £30 debt I never had, it's now £200. eventually after finding site I sent CCA to all 7, yes 7 DCA's acting for them. they have now written back saying that they don't and never had an agreemnt but they will ensure it is recorded on my cra file for 6 years. now i know that they can't actually do that, well they will anyway, but what would be the most effective way to deal with them? thanks

 

Read this thread all the way through and thoroughly....(esp Post #79)

 

Basically, why do they make threats about things they actually know jack-s**t about??? Becuase they assume that the average John Bull equally knows JS about the Law, and that these forums don't exist. They also try the "So, sue me" dismissive attitude because they hope that you'll be scared of legal fees, etc. and think solicitors cost thousands per day. Who needs a solicitor, unless it is a very doubtful or complicated case? I know, I don't. And we also have the added advantage on this web site of Court Buddies, i.e. even if you're not a very confident person, there are plenty of more, shall we say, forthright (:grin: ) people who are prepared to attend with you.

 

Anyway...back to the case in hand...based on the info you've given...

 

 

If they have now admitted that there never was a contract (and thus no default) then they are committing a criminal offence by even threatening to send a default marker to the CRAs, let alone doing it, as they then clearly do not meet the criteria for meeting the "responsible and fit and proper person" test to hold a Data Protection Act licence. They are threatening to do something that they clearly know (or should know as a responsible Data Controller) that they can neither legally do (under the DPA), nor lawfully do (under the Terms of the dead contract)

 

And they are trying it on in other areas:

 

a) In the event of no contract then you never gave them permission to disclose your data - a criminal offence under the Data Protection Act. They don't have an inherent right to record debt (except a CCJ, IVA, etc, which by the way, the Courts register, not them - even they don't sign them) unless you signed a piece of paper saying so.

 

 

b) If there's no default notice, then the contract may not have ended, but you can write and tell them that you are withdrawing permission for them to process your data.

 

 

c) Even if the contract has terminated, you can then argue "that they no longer have your permisison to collate, store, process, correspond or disclose your account information to third parties, including but not limited to, the Credit Reference Agencies."

Any company has rights under the CCA to continue certain terms of a CCA regulated contract, but these only relate to recovery of the money - nothing else, if you haven't agreed.

 

 

d) Go and throw this at them:

Harassment of Debtors -Administration of Justice Act 1970, s. 40

 

40.–(1) A person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under a contract, he–

 

(a) harasses the other with demands for payment which, in respect of their frequency or the manner or occasion of making any such demand, or of any threat or publicity by which any demand is accompanied, are calculated to subject him or members of his family or household to alarm, distress or humiliation;

 

(b) falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;

 

© falsely represents himself to be authorised in some official capacity to claim or enforce payment; or

 

(d) utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.

 

(2) A person may be guilty of an offence by virtue of subsection (1)(a) above if he concerts with others in the taking of such action as is described in that paragraph, notwithstanding that his own course of conduct does not by itself amount to harassment.

 

Especially, 40 (1) a) "threat of publicity" of the debt, which is, after all, what the CRAs are about ... publicising your data to other parties.

and c) if there's no contract, default notice or your permission, then they are falsely portaying themselves to be in a positon to feck around with your personal data in the process of claiming a debt that they now acknowledge doesn't exist.

 

 

What these no-neck thugs need to realise (and let's face it, they are usually ex-cons who think they know how to bash (literally) money out of people) is that the Law is getting pretty pi**ed off with these sort of thugs, who act as if they are a Law unto themselves. They still live in the Medieval ages when the local Sheriff could bang you up for not paying debts... they've been watching too many Robin Hood films, methinks.

 

 

However, if they then argue saying that they won't persue anymore - so therefore the Harassment of Debtors Laws don't come into play (which they might) - then hit them with the DPA, and serve a Statutory Notice on them, giving them 21 days. - see thread for examples.

 

 

What they're pi**ed off about is that you've discovered a totally lawful way to void the default and they simply want the last say by making unlawful threats to damage your reputation via criminally contravening the DPA.

 

 

The average bank call centre amoeba-brain earns about £9,000 (plus free stress counselling if they need it!) which just about says it all - if they really knew WTF they were talking about, they would be on triple money working in the debt advice or legal departments where they have to know WTF they are talking about.

 

 

Either way, if they have definitely now accepted that there's no agreement or default, then you have a cut and dried case. Just send the clear concise arguments - drop a few hints that contravention of the DPA is a criminal offence - and I think you'll find that they will very quickly STFU.

 

 

However, a dated Statutory Notice is VITAL and don't forget: RECORDED DELIVERY and FAX where available and keep the FAX transmission sheet. You will need it/them for the Information Commissioners Office and for seeking a Court Order.

 

Go kill, but put them out of their misery quickly...even sick animals deserve a painless end.:grin:

I'm often a sarcastic SOB and speak my mind (and I don't do PC at all), but I have a laugh as I go. I won't be intimidated, and I don't take prisoners... so live with it, or go get yourself a humour implant :p

 

Copy of Law book from Amazon…£19.95, Refund Request stamp...32p, LBA stamp...also 32p, Court fees...£750.00,

The look on the bank's barrister's face, when they lost the '£25k Mother-of-all unfair charges' cases...(plus his £8k+ of costs)... Priceless!

 

The legal bit: These are my opinions and own view of legislation and process. I accept no liability whatsoever for any outcome as a result of anyone invoking any or all of the advice given - clarify your own personal stuation with an insured legal professional.

Saying that, I've used these methods against many of these corporate crooks:evil: and won hands down!:D

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CIFAS markers are a double-mechanism for the credit industry. It stands for Credit Industry Fraud Avoidance Scheme and was introduced to try and help alert lenders to fraudulent activity, suspected or otherwise.

 

No what happened and i am getting p1ssed off with it, was that in october i had a letter come through the door from aktiv kapital saying i owed 3 debts, river island, dorethy perkins and burtons totalling around 4k. I immediately rang them up and said what!!!. They said you are Mr P S Smith aint you? ( Names Changed for reasons) I said now i am MR P W Smith. Oh have you ever lived at such and such a street in Birmingham? i said no never ever i live nearly 300 miles away from there. Is your date of birth 20/10/1957? No it is 20/10/1977. Oh it must be a mistrace then we will remove the linked addresses from your file. Anyway got a record of this guys credit record dont ask me how, and it showed that he had been paying these accounts off for a good few years and then all of a sudden the payments stopped. The following month they are back on my credit file this time from G E Money who are the ones who own the debt and they did a trace and it threw me up once again. Went through the whole sh!te again and said to them "look the guy might of died as he had been paying constantly for years and now nothing" ok they said we will remove it. Low and behold come april this year same sh1te once again from aktive kapital who again have been passed the debt from G E Money. Rang them up again will you please remove this [email protected] from my file and stop putting it on there. Contacted the CRAs who said sorry we cant remove it at your request even though this keeps happening and if they put it on there they can do and you have to prove that it isnt yours by contacting them or us contacting them and seeing if the information is correct. I said they keep mistracing it back to me and it aint mine. But it just keeps continuing. BUt i thought i aint taking no risks and put the CIFAS on there.

  • Confused 1

If you find this info useful please click on the scales in the bottom left corner of the thread :wink:

 

Vodafone To Remove Default Notices thread

Paid In Full HSBC Was Claiming £3851.42 But Instead of Paying Me Decided to pay my £4900 Loan OffDG Solictors. Need Help

Concluded Lloyds TSB 27/05/2006 Action Against LloydsTSB

Concluded Lloyds TSB for Girlfriend. 27/05/2006

Paid In Full Capital One £160 Settled

Paid In Full Capital One Sent 15/05/06 for £1372 for Girlfriend

Paid In Full Cetelem £130 Settled

Paid In Full The AA £400 Settled

Paid In Full First National £160 Settled

PDA LloydsTsb Credit Card Hand Delivered 26/04/06 £180

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Right just been checking my credit file came across this in it

Special Instruction Indicator:

Arrangement

Special Instruction Start Date:

05/2005

Special Instruction End Date:

06/2005

Started:

29/07/1997

Default Balance:

£6,*****

Current Balance:

Satisfied

Repayment Period:

Monthly Payment £112 over 142months

Defaulted On:

31/10/2005

File updated for period to:

06/01/2006

 

Now I know dam well that wasn't the repayment for this loan was suppose to have been £224 over allot less a period. Any ideas on how to proceed on this all ready sent a cca request in for loan agreement and the default letter.

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In answer to PPAULS150...CIFAS markers, et al...

 

No, they (both the lenders AND CRAs) actually have to prove that they were your accounts, not the other way around.... innocent until proven guilty... just remind them of the Magna Carta.;)

 

On the basis of your notes, it seems like they ran a GAIN query and you've just been unlucky with having similar data to someone who's obviously upped and walked (or died). Names, DOBs are some of the first fields that they try matching. They don't seem to realise that a lot of babies do get born on the same day of the month, and over twenty years that adds up to a lot. What these thickwhits in the CRAs haven't quite computed is that with 60m population, on average 164,000 of us actually share the same birthday, and it just can happen that the odd surname or two might match.

 

Anyway, it's a very simple procedure... you can use a Statutory "Data Subject Notice" to get them remove anything that's not yours - and they HAVE to comply.

 

Send Recorded Delivery letters to all the companies (that are trying to pin the accounts on you) to send you copies of the agreements that they think you signed to open these supposed accounts.

 

Inform them within the letter that you are enclosing a Statutory Notice ("Data Subject Notice") under the Data Protection Act to remove any reference of these accounts from your credit files within 21 days, or show cause why the incorrect data should remain on there, for which nothing will be considered as evidence of such (don't use the term 'accepted') other than copies of the original agreements showing your signature, and proof linking these with your real identity and address.

 

It would help a lot to enclose some proof of a different address, other than the one in Birmingham that they are trying to pin on you - like an old utility bill - at the time that they say this other person was living there. Then you can prove you had absolutely no association to the Brummie address either.

 

Remind them that any failure to comply will both the request and the statutory timescales will result in your automatic presumption that they have ignored the Notice and the legal requirements of the Data Protection Act. In which case, you will take the matter the Courts seeking an Order for them to remove this adverse data and charge them costs, and reserve the right to seek compensation (which is permitted under the Act if you can show that it has caused you damages, harm or considerable inconvenience). And that you will also refer the matter to the Information Commissioners Office lodging a formal complaint about their suitability to hold a Data Protection Act licence.

 

You should also send the same type of letter and formal notice to all the CRAs that hold the incorrect data (as they are also under the jurisdiction of the Data Protection Act and Information Commissioners Office) and inform that there is no onus on you to ask the the lenders to remove the file, as you are serving them a Notice to prove that the data that they hold on you is correct, whether or not it was supplied by a third party. It is their responsibility to ensure the validity and accuracy of any data that they process, especially when they have been alerted to the fact that they are retaining inaccurate data.

 

Again, a Statutory notice, giving them 21 days (listing the accounts in question) and then, hopefully, the lenders and CRAs might actually get together and clear them off. If they don't, then go the same route... Court Order and Information Commissioners Office complaint.

 

Once these tw*tish CRAs stop trying this bulls**t on that "only the lenders can remove data", then people might start tolerating them a bit more. They are talking utter bo**ocks by claiming that only the lenders can instruct them to remove data.

 

They are registered Data Protection centres and have just as much obligation to ensure accurate information as the lenders.

"He told me to do it" is no defence in a Court of Law.

 

Also state in your letters to both lenders and CRAs that once the adverse data has been removed, you will expect them to then remove any CIFAS markers with immediate effect.

 

If you don't want to write a formal notice (there's one in this thread that could be adapted) then a letter stating your demands will suffice, send me your email address in a PM and I will send you the Information Commissioners Office leaflet which gives very good examples.

 

It's just typical tactics of the CRAs hiding in their shells blaming everyone else and pointing their fingers at the lenders. It's quite funny really as to how pathetic they really are, considering how much power they purport to have.

 

However, be preapred to take the matter to Court (don't bluff them), but don't be scared of this... it is a doddle in these sorts of cases, and they will most probably correct all the problems, the moment that the Claim forms land on their desks. However, they will still have to pay you back the fee, plus any compensation claim before you agree to withdraw the claim... so you won't lose out financially.

 

AND VITAL ... KEEP ALL COPIES OF LETTERS, AND SEND EVERYTHING RECORDED DELIVERY (AND FAX WHERE POSSIBLE - KEEPING THE SEND REPORT). YOU CANNOT COMPLAIN TO THE INFORMATION COMMISIONERS OFFICE OR COURTS WITHOUT IT.

 

There are still people not following this simple procedure.

I'm often a sarcastic SOB and speak my mind (and I don't do PC at all), but I have a laugh as I go. I won't be intimidated, and I don't take prisoners... so live with it, or go get yourself a humour implant :p

 

Copy of Law book from Amazon…£19.95, Refund Request stamp...32p, LBA stamp...also 32p, Court fees...£750.00,

The look on the bank's barrister's face, when they lost the '£25k Mother-of-all unfair charges' cases...(plus his £8k+ of costs)... Priceless!

 

The legal bit: These are my opinions and own view of legislation and process. I accept no liability whatsoever for any outcome as a result of anyone invoking any or all of the advice given - clarify your own personal stuation with an insured legal professional.

Saying that, I've used these methods against many of these corporate crooks:evil: and won hands down!:D

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Surely Bonds you are a busy man!- but we are soaking it up like a sponge! - Thank you.

 

You may have noticed my post earlier in the thread about my son/hutchinson default/getting a mortgage. I posted before reading your posts because I was desperate, but having now read the whole thread twice I have acted on your first templates and sent the statutory demand to Hutchinson to have the default removed and sent to the Cra's the second template.

 

However, one of the posters asked what effect you think applying these might have on getting credit and I also note your previous take on that. But my son is applying for a mortgage tomorrow with HSBC and I just wonder, as an extension to the aforesaid poster, what impact you feel there might be by the bank on his application. Do you think there is a liklihood of anything detrimental coming from these letters to the cra's?

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Surely Bonds you are a busy man!- but we are soaking it up like a sponge! - Thank you.

 

You may have noticed my post earlier in the thread about my son/hutchinson default/getting a mortgage. I posted before reading your posts because I was desperate, but having now read the whole thread twice I have acted on your first templates and sent the statutory demand to Hutchinson to have the default removed and sent to the Cra's the second template.

 

However, one of the posters asked what effect you think applying these might have on getting credit and I also note your previous take on that. But my son is applying for a mortgage tomorrow with HSBC and I just wonder, as an extension to the aforesaid poster, what impact you feel there might be by the bank on his application. Do you think there is a liklihood of anything detrimental coming from these letters to the cra's?

 

Use the argument that with no contract in force, then no permission is in force for them to continue processing your data or disclosing it to third parties. Serve a Stat. Notice. Show the mortgage lender this and show that you have made a formal complaint to Hutchinson - they should take that into account.

I presume that the debt (alledged or otherwise) is settled?

I'm often a sarcastic SOB and speak my mind (and I don't do PC at all), but I have a laugh as I go. I won't be intimidated, and I don't take prisoners... so live with it, or go get yourself a humour implant :p

 

Copy of Law book from Amazon…£19.95, Refund Request stamp...32p, LBA stamp...also 32p, Court fees...£750.00,

The look on the bank's barrister's face, when they lost the '£25k Mother-of-all unfair charges' cases...(plus his £8k+ of costs)... Priceless!

 

The legal bit: These are my opinions and own view of legislation and process. I accept no liability whatsoever for any outcome as a result of anyone invoking any or all of the advice given - clarify your own personal stuation with an insured legal professional.

Saying that, I've used these methods against many of these corporate crooks:evil: and won hands down!:D

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Yes the debt was settled back in 2005. I sent the statutory Notice as your earlier post suggested on Friday evening by fax to Hutchinsons and posted same registered on Saturday. I also sent the letters to the Cra's. I'm just worried that in haste ( and awe !:o ) of your revelations I might have done something which might jeapordise his application for the mortgage - I'm praying I haven't misguided him thats all.

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Hi,

 

Could somebody please tell me what to do next. Singlepoint/Vodafone/debt collector - Case - Default fully paid within 2-3 months. Here's my thread:

 

http://www.consumeractiongroup.co.uk/forum/debt-bailiffs-advice/22995-bad-credit-default-removal.html

 

 

Thanks in advance.

Barclays - Success. Total £3000.

Barclaycard - Success. £2500

Barclays Brother - Success £500ish

Vodafone - Default removal + claim for distress. Settled default removed = £1000 in compensation + £120 court costs paid. :D

-------------------------------------------------

Barclays using fowl play - Here

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HA HA HA YOU WONT BELIEVE THE CALL I HAVE JUST HAD...

 

just had Vodaphone on the telephone... saying that they have recived my letter with the stat notice 10/12 data protection act. They said they are not removing the default as it was correctly registered (although they have recorded it as satisfied). I said that my permission for them to record that infom ceased when the contract was terminated and it could not be recorded indefinitely or for 6 years.. (is that right?!) and she went on to say that it was law that they had to record the info about me...

 

i asked what law?? and she said quote "the credit law" (!), i asked what legislative section and she said she didnt know but it was law! I said it was not! She said they were recording it anyway and i said well put that to me in writing and she said she will..

 

What do i do now?!

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HA HA HA YOU WONT BELIEVE THE CALL I HAVE JUST HAD...

 

just had Vodaphone on the telephone... saying that they have recived my letter with the stat notice 10/12 data protection act. They said they are not removing the default as it was correctly registered (although they have recorded it as satisfied). I said that my permission for them to record that infom ceased when the contract was terminated and it could not be recorded indefinitely or for 6 years.. (is that right?!) and she went on to say that it was law that they had to record the info about me...

 

i asked what law?? and she said quote "the credit law" (!), i asked what legislative section and she said she didnt know but it was law! I said it was not! She said they were recording it anyway and i said well put that to me in writing and she said she will..

 

What do i do now?!

 

As long as you've served the notice, then they have 21 days to write back to you quoting Chapter and verse of where this so-called Law is or other suitable evidence - they won't because none exists. In the end they will probably just end up quoting your contract and then you can remind them that you removal Notice stated that the contract was terminated, so you do not consider this as suitable evidence.

 

If they don't write back at all - from 21 days after the date the Royal Mail says it was signed - then they have defaulted on the Notice.

 

Ask them if they might (respectfully) be confusing default notices with CCJs, IVAs, etc., ordered by a Court (the Law), not abritrary notices issued by a supplier on their whim.

 

Remind her that perhaps she ought to realise that "standard industry practice" does not correlate with "legal right".:p

 

Remind them that they are still within the twenty one days (if they are?) which will give them any remaining time left to give the statute that allows them to keep this on for six years. But, remind them that on expiry of twenty one days, you will refer the matter to both the Information Commissioners Office and Court for final jurisdiction.

 

If they fail to provide any actual evidence within the remaining statutory time allowance, then you will refer the matter with no further notification to Vodafone.

 

Then carry out your threat...

 

I will post the 'Mother of all letters', which I have just written for a friend who is having grief with Warclays Bank.

It includes all the default notice aspects plus the contractual "yah boo sucks" stuff.

 

Standby...

  • Confused 1

I'm often a sarcastic SOB and speak my mind (and I don't do PC at all), but I have a laugh as I go. I won't be intimidated, and I don't take prisoners... so live with it, or go get yourself a humour implant :p

 

Copy of Law book from Amazon…£19.95, Refund Request stamp...32p, LBA stamp...also 32p, Court fees...£750.00,

The look on the bank's barrister's face, when they lost the '£25k Mother-of-all unfair charges' cases...(plus his £8k+ of costs)... Priceless!

 

The legal bit: These are my opinions and own view of legislation and process. I accept no liability whatsoever for any outcome as a result of anyone invoking any or all of the advice given - clarify your own personal stuation with an insured legal professional.

Saying that, I've used these methods against many of these corporate crooks:evil: and won hands down!:D

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thanks thats brilliant! I will eagerly await receipt of your post.

 

It was quite clear in the call that the woman had no idea of any relevant legislation and she had just been told to make a call to me as clearly they were panicked by my notice! I do not have my orginal contract from this mobile phone company though ( & i suspect they wont either! as it was a singlepoint contract who have now been taken over by vodaphone!) Does that affect things at all?

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Hi everyone, new to the forum and WOW am I pleased I found it.

 

Firstly thanks to SurlyBonds, your information is an absolute gold mine, I've read right through the thread a few times and its facinating how the entire ratings system is held together with duck tape.

 

I myself had credit issue a few years ago and worked through agreements with my debtors unfortunately First National Tricity Finance didnt play ball and popped a nice default on my name. Since then credit is totally non existant. Well today after reading this thread I have sent across my s.10 and covering letter to them and will await their response with glee.

 

I am desperate to buy a house with my other half but I know that as soon as I apply I'll get the thumbs down treatment because of this. If this process works then I owe you one SurlyBonds! :D

 

Regards

 

M

First National Tricity Finance Default Removal - s.10 sent 14th August 2006

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i also dont have (& dont think i ever received) the original default notice!

 

Don't panick... patience, my dear, patience! ;)

 

It's more waffle and spin... and yes, you can bet your sit-uponable rear that they are having kittens in Newbury right now:D

 

If they cannot respond to the Statutory Notice to show reason why they should have an exemption under Sections 10 and 12 of the DPA within 21 days, then they are deemed to have "no just cause" and you can then take the matter straight to the ICO to ask him to enforce it, enclose your copies of correspondence and your recorded delivery receipts and he has to order a notice to them.

 

21 days is there for a very real reason... time for them to prove it, or else, STFU.

 

He can also impose a financial penalty on them or refer them to the Crown Prosecution Service for abusing your data file, and/or press criminal charges against the directors and nominated Data Controller for breaches of the Act, if he so wishes. (although I doubt they would unles sthay had hundreds of complaints... now, there's a mission!;) )

 

and/or you can go straight to the Court, fill out a Claim form - maybe I'll write a template example and post - file this at the Court (pay the fee - you can claim this back) plus any reasonable compensation you feel warranted (but don't be silly on this point at it affects the whole balance of the judge's view of proportionality). Only apply for compensation if you REALLY have a warranted case, although reasonable costs for corresponding would probably be okay.

 

If you wanted to apply for serious compensation, you have to prove it was a genuine loss that could have been avoided had they taken the lawful and reasonable steps you had asked them to complete.

 

The End - you win:D , they lose.:D

 

.. or they have 21 days to comply with your request and tell you that they'e done it and provide evidence that they've done it!

I'm often a sarcastic SOB and speak my mind (and I don't do PC at all), but I have a laugh as I go. I won't be intimidated, and I don't take prisoners... so live with it, or go get yourself a humour implant :p

 

Copy of Law book from Amazon…£19.95, Refund Request stamp...32p, LBA stamp...also 32p, Court fees...£750.00,

The look on the bank's barrister's face, when they lost the '£25k Mother-of-all unfair charges' cases...(plus his £8k+ of costs)... Priceless!

 

The legal bit: These are my opinions and own view of legislation and process. I accept no liability whatsoever for any outcome as a result of anyone invoking any or all of the advice given - clarify your own personal stuation with an insured legal professional.

Saying that, I've used these methods against many of these corporate crooks:evil: and won hands down!:D

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...snip...I myself had credit issue a few years ago and worked through agreements with my debtors unfortunately First National Tricity Finance didnt play ball and popped a nice default on my name. Since then credit is totally non existant. Well today after reading this thread I have sent across my s.10 and covering letter to them and will await their response with glee.

 

I am desperate to buy a house with my other half but I know that as soon as I apply I'll get the thumbs down treatment because of this. If this process works then I owe you one SurlyBonds! :D

 

Regards

 

M

 

All I can say is that it's worked for me (but, my 2 defaults were paid off!), and seems to be working for others that I'm helping privately... albeit you have to batter through their continued bulls**t replies when they won't actually answer the question. They'd be great in politics.

 

How one judge/recorder interprets the Law and the contract can vary, so read the disclaimer, but make sure you do things in the RIGHT order or you could come unstuck and they might try hitting you back.

 

However, my default with First National (over refusing to pay for a suite until it arrived at my house) was removed by them totally voluntarily when I pressed them for the return of the unfair charges. If you were in the same case, i.e. going into default where there were unfair charges applied, then you have them by the 'small dangly fruit-like seeds in husks, usually prevalent during harvest time' ;)

 

Make it a condition of our claim that they are to remove it - I actually found First National to be very concillatory, and they didn't want any bother and paid up without asking (albeit they have written to say the cheque is arriving).

 

If not, try using the Force from this thread...

I'm often a sarcastic SOB and speak my mind (and I don't do PC at all), but I have a laugh as I go. I won't be intimidated, and I don't take prisoners... so live with it, or go get yourself a humour implant :p

 

Copy of Law book from Amazon…£19.95, Refund Request stamp...32p, LBA stamp...also 32p, Court fees...£750.00,

The look on the bank's barrister's face, when they lost the '£25k Mother-of-all unfair charges' cases...(plus his £8k+ of costs)... Priceless!

 

The legal bit: These are my opinions and own view of legislation and process. I accept no liability whatsoever for any outcome as a result of anyone invoking any or all of the advice given - clarify your own personal stuation with an insured legal professional.

Saying that, I've used these methods against many of these corporate crooks:evil: and won hands down!:D

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Thanks for the additional information!

 

My default is also settled, in fact it was settled in full the exact same day as the default was registered. I'm not going after unfair fee's at this stage, I just want the default removed, however I am pretty sure there are some £40 penalty fee's rolled into that default. For now I'll concentrate on the removal of the default.

 

Good to hear that they went the concillartory route, but of course that may not happen this time. In any event its a start in the right direction, next stage will be to put in S.A.R with my other "financial product providers" and start reclaiming all those suspect penalty fee's!

 

Regards,

 

M

First National Tricity Finance Default Removal - s.10 sent 14th August 2006

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Thanks for the additional information!

 

My default is also settled, in fact it was settled in full the exact same day as the default was registered. I'm not going after unfair fee's at this stage, I just want the default removed, however I am pretty sure there are some £40 penalty fee's rolled into that default. For now I'll concentrate on the removal of the default.

 

Good to hear that they went the concillartory route, but of course that may not happen this time. In any event its a start in the right direction, next stage will be to put in S.A.R with my other "financial product providers" and start reclaiming all those suspect penalty fee's!

 

Regards,

 

M

 

In a default notice they should give you a certain time to satisfy it BEFORE they apply the default.

See CCA 1974:

88 Contents and effect of default notice

(1) The default notice must be in the prescribed form and specify—

(a) the nature of the alleged breach;

(b) if the breach is capable of remedy, what action is required to remedy it and the date before which that action is to be taken;

© if the breach is not capable of remedy, the sum (if any) required to be paid as compensation for the breach, and the date before which it is to be paid.

(2) A date specified under subsection (1) must not be less than seven days after the date of service of the default notice, and the creditor or owner shall not take action such as is mentioned in section 87(1) before the date so specified or (if no requirement is made under subsection (1)) before those seven days have elapsed.

 

Note (b) - If you complied with everything in the Notice as to how they wanted you to remedy it, then you have complied with the Notice, and they should not have then continued to treat the account as defaulted. Date is important, because then...

 

89 Compliance with default notice

 

If before the date specified for that purpose in the default notice the debtor or hirer takes the action specified under section 88(1)(b) or © the breach shall be treated as not having occurred.

 

Check out your notice (if they sent you one) and see how you complied. If you did, write back quoting the above and respctfully remind them of their obligations under the CCA 1974 (As Amended).

 

If they didn't send you one, then there's also no breach, so the default can't be registered.

Even if they did, you are now out of contract... so pick up the rest of the thread on how to tackle this...

I'm often a sarcastic SOB and speak my mind (and I don't do PC at all), but I have a laugh as I go. I won't be intimidated, and I don't take prisoners... so live with it, or go get yourself a humour implant :p

 

Copy of Law book from Amazon…£19.95, Refund Request stamp...32p, LBA stamp...also 32p, Court fees...£750.00,

The look on the bank's barrister's face, when they lost the '£25k Mother-of-all unfair charges' cases...(plus his £8k+ of costs)... Priceless!

 

The legal bit: These are my opinions and own view of legislation and process. I accept no liability whatsoever for any outcome as a result of anyone invoking any or all of the advice given - clarify your own personal stuation with an insured legal professional.

Saying that, I've used these methods against many of these corporate crooks:evil: and won hands down!:D

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I have read the threads Surlybonds a couple of times and wonder if you could just clarify a couple of points.

 

I have 2 credit cards, started with £200 on each, now with debt collectors and standing at £900 each. (the charges were added by Monument and Capital One) I am paying the debt collectors what I can every month. I have defaults from both cards on my credit file. Unfortunately neither one is settled as yet. I was going to i send the Preliminary letter to both card issuers but more than anything I would like to get the defaults removed. I am self employed and desperate to move house so having two defaults as well is making it impossible. Any advice would be greatly appreciated. When I read your thread yesterday I felt so happy but reading it again today I am worried about it not being settled.

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  • dx100uk changed the title to 2 defaults Egg and Vodaphone - Default hell!!
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