Invalid Default Notices

[Pinky69]

Still soldiering on. In view of Bank 2 not replying to Equifax - it is now 7 weeks since Equifax asked the bank for info and haven't heard a peep out of them since - I have asked Equifax how long they give them to reply. I have also written to Experian and Callcredit telling them about the bank not replying to Equifax and suggestion that in view of this they too would want to seek clarification about the entries. Putting on more pressure. Eventually the bank have to take their corporate head out of the sand and stop behaving like ostriches.

[vint1954]

Indeed, 7 weeks is more than long enough to seek clarification. Take it you are still poking them with a sharp stick.

[Pinky69]

I certainly am Vint, leaning hard on the DCAs and going ahead with the legal stuff. I am going on holiday at the beginning of October for 2 weeks and I expect the real action to begin when I return. However, this is the first time that Bank 2 have shut up so there are the green shoots of a breakthrough there. That's why I am turning the pressure up on the CRAs. Until now Bank 2 have bluffed their way through but with the invalid defaults they must know their bluff has been called. I have the evidence - I think they destroyed their copies or did it on templates and don't have copies. It is going to stick in their throats to remove the defaults but they have no excuse not to. In Scots law you have to get them to remove the defaults first then claim damages in a separate action so that allows me to step the level of action against them up a notch when claiming for damages. Also, in a complaint I made to the FOS about them harrassing me for payment (nothing to do with the defaults) the Ombudsman replied to me that he had seen statements from both accounts. I didn't get any statements when I SAR'd them so either they have breached the DPA not giving me copies or they have lied to the FOS. I have written to tell the FOS this and their Review team is going to get in touch with me. If they have lied to the FOS they are in trouble there; if they have lied to me they are in trouble with the ICO. Either way it is a lose-lose situation for them. So onwards and upwards and the evidence on all fronts is building up nicely.

[vint1954]

I certainly am Vint, leaning hard on the DCAs and going ahead with the legal stuff. I am going on holiday at the beginning of October for 2 weeks and I expect the real action to begin when I return. However, this is the first time that Bank 2 have shut up so there are the green shoots of a breakthrough there. That's why I am turning the pressure up on the CRAs. Until now Bank 2 have bluffed their way through but with the invalid defaults they must know their bluff has been called. I have the evidence - I think they destroyed their copies or did it on templates and don't have copies. It is going to stick in their throats to remove the defaults but they have no excuse not to. In Scots law you have to get them to remove the defaults first then claim damages in a separate action so that allows me to step the level of action against them up a notch when claiming for damages. Also, in a complaint I made to the FOS about them harrassing me for payment (nothing to do with the defaults) the Ombudsman replied to me that he had seen statements from both accounts. I didn't get any statements when I SAR'd them so either they have breached the DPA not giving me copies or they have lied to the FOS. I have written to tell the FOS this and their Review team is going to get in touch with me. If they have lied to the FOS they are in trouble there; if they have lied to me they are in trouble with the ICO. Either way it is a lose-lose situation for them. So onwards and upwards and the evidence on all fronts is building up nicely.

I will watch with interest

[Pinky69]

Yes, yes, yes, yes, yes, yes, YES!

 

Equifax emailed me today that in view of Bank 2's non-response to their enquiries, they have removed their entries from my credit reports. I have written to Experian and Callcredit telling them to get them off - if you get my drift!

 

A breakthrough, although they could still reply to Equifax and put them back on again. Somehow I doubt it. Rather than admit defeat, they simply didn't reply. Hooray!:grin:

[postggj]

nice to see

well done

 

are the cra getting wind of some thing

 

thats the second thread this week where the cra has obliged

 

very strange

[littlefatbudha]

Well done, perhaps they are getting worried !!

[DebtUpToMyEyeBalls]

Pinky,

 

I am subbing as I see that this will be a very useful thread for the future.

 

Mark

[cashins]

Excellent stuff Pinky - it seems perserverance pays.

 

David

[Undercover-Elsa]

Brilliant work Pinky!! An example and inspiration to us all.

Well done!!!

Elsa xx

[Pinky69]

Thank you everyone. I'll keep you all informed. It's a long, slow process and a question of keeping the pressure on. I wrote umpteen letters at the end of last week and the phone wires must be going but so far no replies. Once it is all over I'll do a chronological sequence of events for everyone to read.

[cashins]

Once it is all over I'll do a chronological sequence of events for everyone to read.

 

That would be excellent mate.

 

So far, over the last 2 years I have seen off all that have come after me. Been thinking of late that taking the fight to some of them would be worth it.

 

Be interested to see how you went about it, after all if it works, not much point in reinventing the wheel.

 

Cheers

 

David

[Artie44]

Subbing

Edited September 27, 2009 by Artie44

[cosalt]

Subbing

[Pinky69]

Hello Fellow CAGERS.

 

Well, progress and I have had to delay court action to allow that progress to filter through. The court expects you to do that and it will be in my favour that I have.

 

In April, my credit reports read 14 accounts and 6 defaults.

 

Today it reads: CRA 1 - 8 Accounts and 1 default

CRA 2 - 10 accounts and 3 defaults

CRA 3 - 10 accounts and 3 defaults

 

Bank 2 as you will recall has 2 defaults. CRA 2 has not replied to my letter informing them that CRA 1 has removed the entries and CRA 3 says that CRA 1 has probably only hidden them from the archive. Not so - they have been deleted. So more ammunition for me in court - why did Bank 2 not reply to CRA 1 when they asked them for confirmation of the defaults?

 

Bank 3 will not remove them - it's the 1 default left on my reports with CRA1.

 

So, I have had to re- tweak the court cases yet again! The new court lodgement date will be on 19 October as I am going on holiday before then and I want a clear run at it when I return - should fill up my Winter nights!

 

So, court cases are now:

 

Bank 2 - 2 defaults - 2 cases for default removal and damages

Bank 3 - 1 default - 1 case for default removal and damages

DCA - 1 case for damages (default removed)

Bank that passed debt to DCA - 1 case for repayment of money.

 

The cases are all prepared - again! - and I will keep you all posted.

[exchange]

Wow, impressive stuff! Makes me feel distinctly inadequate but very encouraging for all of us!

[Pinky69]

Oh dear - Experian has the jitters again! A letter from the Director's Office to say that Bank 2 told them their 2 entries on my reports were correct. Now, that strikes me as very odd. They told Experian one thing on 30 June and told Equifax the exact opposite the very next day. Mmmm. Bank 2 clearly don't know their ar*e from their elbow, poor souls. I wonder what the court will make of that?? :grin: Choices. I can either go easy on Experian and the other CRAs and not spoil the beginning of next week for them - or I can do a bit of screw turning. The rack is out as we speak!!

[cashins]

They told Experian one thing on 30 June and told Equifax the exact opposite the very next day.

 

That's the problem with poor liars.

 

They can't remember what they have already said.

 

David

[cosalt]

Hi, I have a thread going here - http://www.consumeractiongroup.co.uk/forum/general-debt-issues/195425-fixed-sum-loan-agreement.html

 

I think we have established the agreement is ok, but I can't seem to get an answer on the DN, I make it one day out, can anyone confirm this ?

 

Thanks

 

Cosalt

[Pinky69]

Saturday counts as a postal day so in my view you got exactly 14 days. The other advice is spot on. If there are charges in the arrears amount then the DN is invalid.

[postggj]

glad i found this thread

 

situation to ponder

 

if a default notice is invalid for what ever reason

not laid out in the correct format

time limit, etc etc

 

the creditor then goes on to trash your credit file

 

now being the default is crap. the creditor can only then claim the arrears if at court stage

 

CAN THE DEFENDANT PUT IN A CLAIM FOR DAMAGE TO CREDIT FILE, BEING UNLAWFULlY DEFAULTED

 

IME TALKING £1000 DAMAGES PLUS VALUE OF THE DEFAULT

 

THE WOOLWICH JUDGEMENT IME QUOTING ON THIS

 

mightbat least get the creditor to withdraw or agree removel of any default

 

just shooting from the hip on this

[Pinky69]

That is why I am taking them to court - to get the defaults removed and a claim for damages to my reputation and general creditworthiness.

[AA99]

Saturday counts as a postal day so in my view you got exactly 14 days. The other advice is spot on. If there are charges in the arrears amount then the DN is invalid.

 

Don't think it does

[Gazza112]

Hi All

 

As AA99 said Saturday does NOT Count.

Here's some info on postal dates.

 

Quote:

1. Interpretation Act 1978, Section 7

This states:-

Where an Act authorises or requires any document to be served by post (whether the expression "serve" or the expressions "give" or "send" or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have effected at the time at which the letter would be delivered in the ordinary course of post."

2. Practice Direction

Service of Documents - First and Second Class Mail.

With effect from 16 April 1985 the Practice Direction issued on 30 July 1968 is hereby revoked and the following is substituted therefore.

1. Under S7 of the Interpretation Act 1978 service by post is deemed to have been effected, unless the contrary has been proved, at the time when the letter would be delivered in the ordinary course of post.

2. To avoid uncertainty as to the date of service it will be taken (subject to proof to the contrary) that delivery in the ordinary course of post was effected:-

(a) in the case of first class mail, on the second working day after posting;

(b) in the case of second class mail, on the fourth working day after posting.

"Working days" are Monday to Friday, excluding any bank holiday.

3. Affidavits of service shall state whether the document was dispatched by first or second class mail. If this information is omitted it will be assumed that second class mail was used.

4. This direction is subject to the special provisions of RSC Order 10, rule 1(3) relating to the service of originating process.

 

 

 

Gaz

[postggj]

http://www.consumeractiongroup.co.uk/forum/legal-issues/165197-default-notice-re-issue.html

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/170345-tale-dodgy-dn.html

 

HAVE A NOSE