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    • Hi   I received a NIP for traveling 39mph in a 30 zone (mobile speed camera) in December 2020. As it is my offence, the police sent a letter requesting to know who was driving with three possible outcomes: speed awareness course, 3 points of contest at court. I provided my details and sent the form off.    The police sent me a letter this week asking for confirmation of my insurance... I realised that in October 2020 I removed a private number plate off the vehicle and notified the DVLA and the V5 form but I didn't norify my insurers.    I called the insurance company today and updated my number plate and they said technically I was insured and the vehicle was insured and it depends on how linient the police will be.    I am just concerned as the recent letter states possible prosecution for driving with out insurance with a possible fine and 6 to 8 points.    If they add that to the original 3 I might be given that would be 11 for a first offence.    Has anyone got any experience on this or any advice as I am pretty worried!    Thanks 
    • Tend to agree Hammy, but I think if you have a number of DD's going through every month and the reference/descriptions does not clearly identify what it is for, then many people would not have queried it.   How many people still go through their Bank statements regularly to check every item. ?  I have mobile Banking now and keep an eye on the payments going through, but when I had printed statements sent, i only checked them every few months.   Normally for Insurance refunds in these situation, the Insurers should consider refunds of up to 6 years, if it can be evidenced that the Insurance was of no value.  e.g. the Insurance was for a specific risk which is no longer owned.   The DD was set up over the phone as a variable DD amount and the Insurers should have issued communications about increases to the email or postal address provided for this purpose.  When the DD was set up originally D&G would have had to send confirmation of the DD terms and rights of cancellation etc.  You can try to ask Natwest for a refund under DD scheme, but you may struggle with this.    Ask D&G to look at your refund request again as a complaint and advise that if not settled, you will ask the FOS to review.  D&G would be charged a fee by the FOS if you went that far, so they may try to offer you a refund amount, to avoid this.
    • The state-backed savings giant has been accused of abandoning older customers in its drive to axe prize warrants to save money and paper by only consulting customers with an email about the change. View the full article
    • Savers who put £10,000 in the average tax-free cash Isa ten years ago would now have £9,772, new research shows. This is because inflation has outstripped the interest earned on savings. View the full article
    • I did 3 times and havent received any terms and conditions, im just trying to back up my arguement should it get to court and they produce one, then I can tell well, they 1. Didnt manage to show 1 3 times I asked. 2. they cant even get their dates right on the paperwork so why should this be nay different to this paperwork.
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies

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OK general question here as I have been doing some trawling through the forums over the past hour.

1. Is there a legal requirement from a bank, cc company etc. to supply you with a copy of a default on your account/credit file satisfied or unsatisfied?

2. Can you legally force a removal of a satisfied default if they are unable to supply you with an original copy?

My eyes hurt with searching!

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1) No

 

2) I take it you mean an original copy of an agreement. If there is no agreement, you can argue that they have no proof that you gave your permission for them to process your personal data, that them passing your personal data to credit reference agencies was therefore a breach of the Data Protection Act 1998 and you can ask for the default to be removed on that basis. It is also a breach of the Act for credit reference agencies to enter information on your credit files which was passed to them unlawfully by the banks/DCAs. The CRAs will argue that they did it in in good faith but it is up to them to check the authenticity of what they process, especially since it is someone's personal data protected by law.

 

You will have a fight on your hands to get it removed but you have legal grounds to do so and you will win if you stick it out.

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Thanks for the help there Pinky.

The reason I am asking is that some years ago I had a current account with HSBC that was defaulted. I paid the balance immediately when passed to Lowell however the default (as expected) still remains on my file.

It was a long shot so I sent a CCA request through and I was advised that current accounts are excluded from these kind of requests. I then asked to see copy of the original default notice to which I received a response advising that they have requested this from HSBC and will send in on when they receive it... this was over 2 weeks ago.

I'm learning new things everyday here but I still get stuck with things like this as I have no idea where I can go from here.

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I've read on other threads that HSBC enter a default on CRA records when they pass the overdraft to DCAs. If you google "Default Notices and Overdrafts" you will find some of these threads. You say this was "some years ago". A default falls off your records after 6 years so perhaps it doesn't have that long to go.

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Ok thanks I will do that.

 

The default was entered at the end of 2004 which is a bit of a pain. The balance was paid off almost immediatly without any fuss. I'm just a little gutted that they dont legally have to show me the agreement which would have been a great starting place to get the ball rolling.

 

There goes the house for another year or so now then!

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The default on your credit file should be marked 'satisfied' & with it being that old a lender under normal circumstances wouldn't take much notice of it. Though after saying that, due to the economic climate borrowers are finding it difficult to obtain a mortgage anyway.

 

Have you checked your credit file recently? If not you can get an absolutely free basic check here https://www.annualcreditreport.co.uk/account/create.htm or for just under a fiver access to your file for a year giving regular updates, credit scoring etc.

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I have kept a close eye on my credit file for some time now and 2 things are standing in my way from a perfect credit history one of them is this and the other is HFO who are seemingly making the rules up as they go along (it's on another post).

 

I'll send them a letter asking for them to remove it as they have not supplied me with a default notice as promised a couple of weeks ago. You never know they may just say yes and remove it... I have nothing to lose!

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