Invalid Default Notices

[Colsthe1]

Lexis.

I have a concise paper trail, showing the time line in 2007 up to the end.

After the usual flurry of polite phone calls and letter writing, I was

begining to think I was going mad

About April time, BPF rang me, there was a Very Nice Lady from Customer

Relations (fraudulent description if ever I've seen one). I digress.

VNL said I owed lots of money to them and when could I pay by.

For about the eighteenth time, I explained the situation. VNL said I was

talking a load of b........ks After initial shock, I descibed what paperwork I had. Her reply " We have no interest in any other papers. We

have your signed agreement, we will force it through" I queried the way

she was talking. VNL came out with a classic 'We are Barclays, so we can do this'

I did invite her to put all of this in writing, but the phone went down on me.

You did suggest changing threads. Do I need to do all this over again ? I

sure there must be a system for a swop

[Pinky69]

Well folks I hope you are all enjoying posting on my thread. The legal part of my claim against Bank 2 has begun and I am now filling up the paperwork for the court. This is the first time I have taken a bank to court but I don't find the thought too daunting. I have 2 cases to raise against this bank - 2 invalid defaults - so I am doing the forms together but I will raise the cases one at a time. If Case 1 is a bum steer then I can forget Case 2. I have nothing to lose here. It's Scots Law but all the legislation is UK wide. I'll let you know when I have finally filed the first case at court.

[Colsthe1]

Pinky69.

Sincere apologies for stepping on your toes !!

After all this time being shafted by these morons, it is nice getting on

with people in the same boat.

I did start topsy turvy coming in with the DNs. I do hear the caggers on

Clydesdale / Barclays PF Post just love to hear more things about them 8)

 

Now all I have to do is work out how to shift this lot over

[lexis200]

Sorry Pinky. Again:oops:

 

Colsthe1 - have pm'd you:)

[Pinky69]

I am now tweeking the 1st claim and it looks awfully legal! The Sheriff will probably take one look at it and say "What a lot of tosh!" The SAR for this account's time limit runs out on 30 June so I will submit the claim on 1 July. I don't think they are going to reply. They returned my £10 for the SAR the other account with them. I wrote to them again asking for copies of the default and termination notices for both accounts and they haven't replied to that either. I won't bother with the Information Commissioner as the court can deal with it. I can use an incidental application for information once I have submitted the claim.

[Pinky69]

I'm in an interesting dialogue with a director of one of the CRAs and I think I have rattled him - good. He has twice written to me trying to justify why CRAs accept information from banks, including that the banks have "contractual obligations" to the CRAs. That's tosh. The banks submission and the CRAs recording of information is purely voluntary and not governed by any contract. Anyway, I feel as if I am in a real scrap with him and that I have got him worried. And so he should be! If I am successful in court, I will be going after the CRAs.:grin:

[angel_1]

hiya pinky and all

 

blooming heck,,,,can i book my seat on that settee too soon lol:D

 

you have come miles since i last looked in,,,wow and double wow, fab work,,,,will sit down later and really catch up with all this now

 

have a sunny day all laters angel x

[spartathisis]

Good luck Pinky I have a couple of creditors insisting they can process my data even though they have no CCA`s to back them up. They state I must have agreed to my data being processed and so that is enough!

 

Will follow your thread as i think the cra`s pass the buck and try to wriggle out of everthing.

[Undercover-Elsa]

Moving over for Angel...

do you thing we might have trouble getting credit with Brighthouse for another sofa...

[angel_1]

Moving over for Angel...

do you thing we might have trouble getting credit with Brighthouse for another sofa...

 

 

oh undercover elsa, well suppose we could all join pinky on a freecycle settee

 

keep your chin up pinky you dont half give me more work to investigate hahahhah everytime i read one of your threads your pure inspiration thank you

 

have fun all laters angel x

[Pinky69]

Things are moving on. Bank 1 have said they need another 7 days for investigation - they have had nearly 2 months and that is all they are getting. Claim form completed this weekend and will be submitted next Thursday. They did not reply to SAR. Will be raising that in court rather than with the ICO. They haven't a legal leg to stand on.

 

Bank 2 - no SAR replies. Also preparing their cases (2) this weekend.

 

Bank 3 - have replied their DN is valid. Did not reply to SAR. Yeh, Yeh, yeh. It's off to court we go.

 

So that's it. We have reached the stage where it is time to hand over to the Sheriff. I will keep you informed of progress.

[Pinky69]

Sent 2 Special Deliveries yesterday - both received today - one to Bank 1 saying they have had enough time to investigate and have not answered my SAR and similar to Bank 2 saying they have not answered my SAR. My thinking behind this is that I want the court to see I gave them plenty of opportunity to give me the information in spite of the fact they have now breached the DPA again. I will be doing so with Bank 3 this weekend.

[diddydicky]

thats the way to do it!

[volvo]

subbing

[Pinky69]

Case 2, Bank 2 is ready (credit card, no agreement, invalid DN). Case 1, Bank 1 (entered default after account fully settled and it sat on my credit reference reports for 3 years, now removed) is more straightforward so I'll be doing that tomorrow. I won't give you the details of the cases for now but Case 2, Bank 2 involves no less than 9 breaches of law in a couple of pages. I'll be interested in their response when their lawyers get a hold of it. I'll be lodging it and Case 1 at the local Sheriff Court on 1 July. Case 2, Bank 2 is a test case I have 2 cases against Bank 2. I will see how the first case goes and then raise the second case. The case against Bank 3 is for a credit card too but different again because the DN breaches are different. I will get to work on that once I have the case against Bank 1 done.

 

I expect the local Sheriff will be pleased to see me! By the time he has seen the back of me he will be on 20 vallium a day!!

[Pinky69]

Cases against Banks 1 and 2 are ready - 3 cases in total. Case 4 against Bank 3 will be attended to this weekend. Have received letter from Equifax this morning to say the entry by Bank 1 has been removed from my file with them and will not appear again - I should b well think not!!

[Pinky69]

Case 4 now ready but it needs quite a lot of tweaking. This is the trickiest of the 4 and the hardest of the 4 to prove my case. If I lose, it will be this one but I have nothing to lose going for it. I now realise that I need to hold off for a couple of weeks to make sure all 4 have been given enough time for SAR responses.

[Pinky69]

Have had a letter to day from Bank 1 - they have upped their offer by £200 -they should coco! They are trying to argue that whilst general damage to creditworthiness need not be quantified, it has to be proved.Wrong!! In Durkin the Sheriff made 2 points 1) "the mere injury to credit" merits an award of damages and 2) general damage is presumed - it doesn't have to be proved. Bank 1 need to get better solicitors. So I have replied - think again bonnie lads or it is off to court we go!

[cashins]

In Durkin the Sheriff made 2 points 1) "the mere injury to credit" merits an award of damages and 2) general damage is presumed - it doesn't have to be proved.

 

That he did and I seem to recall he awarded £1000:D

 

Think they need to up their offer.

 

David

[spartathisis]

Pinky have a quick look at my thread here

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/206827-getting-your-money-back.html maybe of interest with the ones that have no CCA;)

[Pinky69]

Thank you, Sparta - I did read your thread earlier. The emphasis for me is not the fact that 2 banks did not have agreements but on the fact that they had invalid Default Notices. It is that followed by termination that makes the defaults on my credit reports breaches of the DPA 1998. They won't remove them so I am going to court. The cases are prepared and I am waiting on one SAR reply, which I am told I will receive on 6 July. I have also taken legal advice and been told Small Claims should fix it so I am ready to go!

[cashins]

On the night shift again Pinky!

 

Been following this thread with interest as I have a couple of candidates, along with the CRA's who it appears have dropped themselves in it as well.

 

Be interested to see what your POC's looked like, (after you have nailed their backsides to the floor that is!!!)

 

Good luck with this

 

David

[spartathisis]

I know what you are saying Pinky, but added pressure on them if they cannot produce anything. You can then ask for any money you have paid to be returned to you. They may increse their offer if they think they have to give back all you have paid;)

[willeewonker]

Love your thread Pinky ,

 

Your approach to removing the DN's is extremely interesting i.e Let the CRA's fight your corner !! I have a DN issued by a now infamous company who terminated my credit card voluntarily and then issued the DN on my file even though they never actually sent me any DN .

 

As i want this removed of my file , would it be possible for you to post any relevant letters that you've sent to the CRA's and any advice on who i should also send copys to ???

 

Much appreciated , and good luck with your fight ... Willeewonker

[Pinky69]

Thank you for the good wishes. I am not posting any letters just now as there are eariwigs about but once I know the outcomes at court I will post my letters if they have turned out to be effective.

 

Oooh - a bit of intrigue today! Bank 2 at some stage passed both accounts (invalid DN's, terminated) to a DCA. A while back I told the DCA to push off.

I've had a letter from the DCA today to say that the bank is saying to them they have nothing on file to support what I told the DCA. Ah Ha! Liars. This is because I have one DN and have mislaid the other (but I remember seeing it and it too is invalid) so I asked them for copies of both DN's - no replies and no replies to SARs. The DCA said the Bank's complaints department asked me to contact them, yet the same complaints department told me not to write to them as they wouldn't reply. In that same letter to me the complaints department said 1) THE DEFAULT NOTICES ARE IN THEIR OPINION VALID - how do they know if they don't have them on file to refer to?? and 2) they confirmed the alleged accounts were terminated - and I have the termination dates from a previous complaint to the FOS. So which DN will they try to reconstruct? - I have told the DCA I have one invalid DN - but I haven't said for which account. So now they have to toss a coin wondering which DN I don't have. I am a fiendish witch!! Heads they lose, tails they lose. If they say they have no DN for one of the accounts, they terminated it without a DN and that is still rescission. They shouldn't really try to think - they will give themselves a bumache!!

 

Drip, drip, drip - they are tripping themselves up because different departments don't communicate with each other. I have written telling the DCA to push off again, that I will be producing their letter in court and that the bank is now playing a very dangerous game. I have sent a copy to the bank's complaints department and and another copy to the bank's Chairman, saying it's time he looked into this before their employees perjure themselves.

 

They are digging themselves into a deep hole here - let's see how they try to get out of this one.