Help no response for copy of credit agrement

[pford]

further update on this experian have just informed me that my date off biirth is wrong

 

Date of birth:01 August 1969

 

bet my mother new

[pford]

But guess what I’ve got to prove it’s not me, wrong date of birth letter from the Halifax unable to supply copy of credit agreement. But they can't remove it without Halifax permission:-? :-? :-?

[rosierose]

I called the OFT and they said that they can't investigate individual complaints, but they were very interested in me sending all the info regarding the agreement I have been sent which does not have any prescribed terms on it and is now unenforcable, along with my requests for default notices which I wasn't sent etc as they use that information when considering renewing credit license applications.

 

I now the OFT basically can't and don't do much individually, but if everyone that has not had their cca request satisfied, or that have been sent unenforcable agreements etc, forwarded it all on to the OFT then they may think twice before renewing and granting credit licenses.

 

In my conversations with the OFT they have admitted frankly that the licensing issue is not really up for grabs, UB. Revoking the license of a major player like HBOS would have some nasty side-effects on the economy!

 

Isn't it as of tomorrow they can impose fines?

[rippedoffagain]

Subscribing.

[pford]

Just had another letter of the Halifax this bit stood out a mile

 

 

Whilst I appreciate your situation we can enforce repayment of this debt under Criminal Justification as spending on the account you have automatically agreed to the terms and conditions of the account and therefore remain liable for the above balance and can be continually pursued as such by our recovery Agents Blair Oliver Scott.

 

Think they just dropped them self’s further in it

 

False representation of authority and/or legal position

2.3 Those contacting debtors must not be deceitful by misrepresenting their authority

and/or the correct legal position.

2.4 Examples of unfair practices are as follows:

e. falsely implying or stating that failure to pay a debt is a criminal

offence or that criminal proceedings will be brought

 

[pford]

just put this together to send them any comments before i send it.

 

 

 

 

 

Dear Sir/Madam

Thank you for your letter dated the 26th April 2007.

As I must remind you again I wrote to the Halifax on the 11th July 2006 requesting a true copy of the signed agreement under the terms of Sections 77(1) and 78(1) of the Consumer Credit Act 1974, enclosing the statutory maximum fee of £1 in the form of a cheque (cheque number 000659) which was credited to the above account on the 19th July 2006.

I have not been provided with a signed agreement or a statement of account (6 months of statements tells me nothing about this alleged debt) under the Consumer Credit Act 1974, despite my properly formatted and paid for request.

For convenience I have reproduced the relevant sections of the Consumer Credit Act for you:-

1) The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of £1, shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

(a) the state of the account, and

(b) the amount, if any, currently payable under the agreement by the debtor to the creditor, and

© the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.

(6) If the creditor under an agreement fails to comply with subsection (1)—

(a) he is not entitled, while the default continues, to enforce the agreement; and

(b) if the default continues for one month he commits an offence.

Consequently I do not acknowledge any debt to the Halifax.

It is also my intention to consider litigation in this matter and your attention is drawn in particular to CPR 4.6 © enclose copies of documents asked for by the claimant, or explain why they are not enclosed;

I would therefore request, in compliance with CPR 4.6© a copy of the document that you will be relying on as proof that a properly executed agreement, complying in all respects with the form and content requirements of the CCA was signed by myself in respect of this alleged debt.

I note from your letter that you imply that you can enforce repayment of this alleged debt under Criminal Justification. I find your comments offensive and in breech of Office of Fair Trading Guidelines (particularly section 2.3 and 2.4). Under the terms of the Consumer Credit Act 1974 it clearly states: - he is not entitled, while the default continues, to enforce the agreement, and any further contact from Blair, Oliver and Scott will be seen as further HARASSMENT and in breach of the Administration of Justice Act 1970.

2.3 Those contacting debtors must not be deceitful by misrepresenting their authority and/or the correct legal position.

2.4 Examples of unfair practices are as follows:

e. falsely implying or stating that failure to pay a debt is a criminal

Offence or that criminal proceedings will be brought

Notwithstanding the above as you will be enforcing this alleged debt under Criminal Justification, I am afforded principled rights under the Data Protection Act (Data Protection Act), Schedule 1, Part 1 ("The Principles") in relation to the manner in which my data is collated, stored and processed.

1. Personal data shall be processed fairly and lawfully and, in particular, shall not be processed unless-

a) at least one of the conditions in Schedule 2 is met, and

b) in the case of sensitive personal data, at least one of the conditions in Schedule 3 is also met.

SCHEDULE 3

CONDITIONS RELEVANT FOR PURPOSES OF THE FIRST PRINCIPLE: PROCESSING OF SENSITIVE PERSONAL DATA

1. The data subject has given his explicit consent to the processing of the personal data.

Of particular note are;

(g) the commission or alleged commission by him of any offence, or

(h) any proceedings for any offence committed or alleged to have been committed by him, the disposal of such proceedings or the sentence of any court in such proceedings.

I have recently conducted an audit of my personal credit reports supplied by Experian and Equifax. Within both files, an entry referenced as “Halifax” is lodged indicating a credit card. This is recorded as “In Default” on the 30th August 2006. However, I note that files have been updated continual.

In fact, Section 10 of the Data Protection Act awards the real authority, regarding privacy of data, to the data subject, not the Data Controller.

 

10. - (1) Subject to subsection (2), an individual is entitled at any time by notice in writing to a data controller to require the data controller at the end of such period as is reasonable in the circumstances to cease, or not to begin, processing, or processing for a specified purpose or in a specified manner, any personal data in respect of which he is the data subject, on the ground that, for specified reasons-

 

(a) the processing of those data or their processing for that purpose or in that manner is causing or is likely to cause substantial damage or substantial distress to him or to another, and

 

(b) that damage or distress is or would be unwarranted.

Since I have not given my CONSENT or EXPLICIT CONSENT for this alleged debt to be passed to the Credit Reference Agencies, you are also in breech of the Banking Code of Practice 13.6.

13.6 We may give information to credit reference agencies about the personal debts you owe us if:

• the amount owed is not in dispute

Also, I do not recall any clear statement that gave my express permission for the Halifax to disclose my subject data to third parties. You are no doubt aware that any non-agreed disclosure of personal data to third parties, without express written permission, is a criminal offence under Section 35, of the Data Protection Act.

However, if I am mistaken, and you can provide me with a copy of the original signed agreement indicating where I have agreed to them. This should be sent to me as one of your enclosures, if you wish to contest the enclosed Statutory Notice. You should be aware that you have, by statute, twenty-one days in which to either comply with my Notice, or give written notice stating your reasons and why you consider the Notice unjustified.

In summary, in relation to this alleged agreement, I am formally instructing you, as an authorised officer of the Bank, from this day onwards, to:

 

1) cease to continue storing, processing or communicating my data;

2) cease to disclose any data to any third party including, but not restricted to, Equifax plc, Experian Ltd and Callcredit plc; and

 

3) instruct Equifax plc, Experian Ltd and Callcredit plc to remove all data pertaining to your records on me, to the extent that no data entry in relation to Halifax Bank plc will exist on my credit files.

 

I trust that I have made my position clear, and that Halifax Bank Plc will now make a serious effort to understand its legal obligations and effect the changes requested. Should you be in any doubt as to the Banks obligations as a Data Controller, then I would advise that you consult your corporate counsel.

 

In any event, I shall expect a written confirmation from you acknowledging the contents of this letter within 5 working days, as per the requirements of section 15.3 of the Banking Code.

 

Yours faithfully

[humbleman]

just put this together to send them any comments before i send it.

 

GO FOR IT

 

Don't know if you just want to add the bit about I do not acknowledge the debt

[pford]

GO FOR IT

 

Don't know if you just want to add the bit about I do not acknowledge the debt

 

 

forgot about that bit:)

[un1boy]

just put this together to send them any comments before i send it.

 

 

 

 

 

Dear Sir/Madam

 

Thank you for your letter dated the 26th April 2007.

 

As I must remind you again I wrote to the Halifax on the 11th July 2006 requesting a true copy of the signed agreement under the terms of Sections 77(1) and 78(1) of the Consumer Credit Act 1974, enclosing the statutory maximum fee of £1 in the form of a cheque (cheque number 000659) which was credited to the above account on the 19th July 2006.

 

I have not been provided with a signed agreement or a statement of account (6 months of statements tells me nothing about this alleged debt) under the Consumer Credit Act 1974, despite my properly formatted and paid for request.

 

For convenience I have reproduced the relevant sections of the Consumer Credit Act for you:-

 

1) The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of £1, shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

 

(a) the state of the account, and

 

(b) the amount, if any, currently payable under the agreement by the debtor to the creditor, and

 

© the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.

 

(6) If the creditor under an agreement fails to comply with subsection (1)—

 

(a) he is not entitled, while the default continues, to enforce the agreement; and

 

(b) if the default continues for one month he commits an offence.

 

Consequently I do not acknowledge any debt to the Halifax

I note from your letter that you imply that you can enforce repayment of this alleged debt under Criminal Justification. I find your comments offensive and in breech of Office of Fair Trading guidelines (particularly section 2.3 and 2.4). Under the terms of the Consumer Credit Act 1974 it clearly states: - he is not entitled, while the default continues, to enforce the agreement, and any further contact from Blair, Oliver and Scott will be seen as further HARASSMENT and in breach of the Administration of Justice Act 1970.

 

2.3 Those contacting debtors must not be deceitful by misrepresenting their authority and/or the correct legal position.

 

2.4 Examples of unfair practices are as follows:

 

e. falsely implying or stating that failure to pay a debt is a criminal

Offence or that criminal proceedings will be brought

 

 

Notwithstanding the above as you are classing this as a Criminal matter I am afforded principled rights under the Data Protection Act (Data Protection Act), Schedule 1, Part 1 ("The Principles") in relation to the manner in which my data is collated, stored and processed.

 

1. Personal data shall be processed fairly and lawfully and, in particular, shall not be processed unless-

 

a) at least one of the conditions in Schedule 2 is met, and

b) in the case of sensitive personal data, at least one of the conditions in Schedule 3 is also met.

 

 

SCHEDULE 3

 

CONDITIONS RELEVANT FOR PURPOSES OF THE FIRST PRINCIPLE: PROCESSING OF SENSITIVE PERSONAL DATA

 

1. The data subject has given his explicit consent to the processing of the personal data.

 

I have recently conducted an audit of my personal credit reports supplied by Experian and Equifax. Within both files, an entry referenced as “Halifax” is lodged indicating a credit card. This is recorded as “In Default” on the 30th August 2006. However, I note that files have been updated continual.

 

In fact, Section 10 of the Data Protection Act awards the real authority, regarding privacy of data, to the data subject, not the Data Controller.

 

10. - (1) Subject to subsection (2), an individual is entitled at any time by notice in writing to a data controller to require the data controller at the end of such period as is reasonable in the circumstances to cease, or not to begin, processing, or processing for a specified purpose or in a specified manner, any personal data in respect of which he is the data subject, on the ground that, for specified reasons-

 

(a) the processing of those data or their processing for that purpose or in that manner is causing or is likely to cause substantial damage or substantial distress to him or to another, and

 

(b) that damage or distress is or would be unwarranted.

 

Since I have not given my CONSENT or EXPLICIT CONSENT for this alleged agreement to be passed to the Credit Reference Agency, you are also in breech of the Banking Code of Practice 13.6.

 

13.6 We may give information to credit reference agencies about the personal debts you owe us if:

• the amount owed is not in dispute

Also, I do not recall any clear statement that gave my express permission for the Halifax to disclose my subject data to third parties. You are no doubt aware that any non-agreed disclosure of personal data to third parties, without express written permission, is a criminal offence under Section 35, of the Data Protection Act.

 

However, if I am mistaken, and you can provide me with a copy of the original signed agreement indicating where I have agreed to them. This should be sent to me as one of your enclosures, if you wish to contest the enclosed Statutory Notice. You should be aware that you have, by statute, twenty-one days in which to either comply with my Notice, or give written notice stating your reasons and why you consider the Notice unjustified.

 

In summary, in relation to this alleged agreement, I am formally instructing you, as an authorised officer of the Bank, from this day onwards, to:

 

 

1) cease to continue storing, processing or communicating my data;

 

2) cease to disclose any data to any third party including, but not restricted to, Equifax plc, Experian Ltd and Callcredit plc; and

 

3) instruct Equifax plc, Experian Ltd and Callcredit plc to remove all data pertaining to your records on me, to the extent that no data entry in relation to Halifax Bank plc will exist on my credit files.

 

 

I trust that I have made my position clear, and that Halifax Bank Plc will now make a serious effort to understand its legal obligations and effect the changes requested. Should you be in any doubt as to the Banks obligations as a Data Controller, then I would advise that you consult your corporate counsel.

 

In any event, I shall expect a written confirmation from you acknowledging the contents of this letter within 5 working days, as per the requirements of section 15.3 of the Banking Code.

 

Yours faithfully

 

Great letter mate, although the DPA explcitily states that sensitive personal data means data relating to any political party u are a member of, ur sexuality, ur religion and some other bits - finances are not in the list!

 

I will post the actual list later.

[pford]

Great letter mate, although the Data Protection Act explcitily states that sensitive personal data means data relating to any political party u are a member of, ur sexuality, ur religion and some other bits - finances are not in the list!

 

I will post the actual list later.

 

Was thinking of these two as they are now classing it as criminal act

 

(g) the commission or alleged commission by him of any offence; or

(h) any proceedings for any offence committed or alleged to have been committed by him, the disposal of such proceedings or the sentence of any court in such proceedings.

[pford]

just update post 131 any more coments on the above letter

[pford]

got a reply from them other my last letter. i do like paragraph 3 of this letter

 

I refer to your letter received 1st may 2007 and please accept my apology that you still remain dissatisfied with our service.

 

I understand that you remain unhappy, as we have not yet provide you with a copy of your original application form to which you believe that you have paid a fee of £1 for and feel that we have acted unfairly by not issuing you with this document.

 

As advised in my last letter, as you have used the facilities of the account which have amounted to the outstanding balance under the new terms of the Consumer Credit Act section S15 we do not hold any obligation to issue you with a copy of said agreement as the legal timescale for such documents to be held is within the last 6 years period, in this case our records are held from 3rd May 2001 until the present day.

 

I can confirm that I have again requested for a copy of your original application form to be found however as your accounts opening date was the 23rd November 1998 we are not legally obliged to retain said information therefore I have arranged for a credit for £1 to be paid into your Halifax Current Account ********** which will reimburse you for the paid cost which should be credited in the next 7 days.

 

At all times Halifax Plc aims to provide the highest possible standards to customers and I am sorry that on this occasion we failed to meet your expectations. It is only by letting us know your concerns that can ultimately improve our service.

 

I sincerely hope your concerns have now been resolved to your satisfaction although should you remain unhappy we will escalate your concerns accordingly with a few to granting ombudsman referral rights.

[pford]

i responce to their last letter going to send this. Thanks to Richard Spud for the advise on the S15 and other bits of their letter.

 

Thank you for your letter dated the 3rd May 2007 and your comments are noted.

 

As advised in my last letter dated the 30th April 2007 you do have a LEGAL OBLIGATION under the Consumer Credit Act 1974 section 78 to supply this information upon request which was made on the 11th July 2006. Failure to comply with a valid request within a period of 12 working days (not including the date of receipt of the request) he may not enforce the agreement at all. This prevents enforcement with or without a court order. If a default lasts for a month (for example a calendar month) it constitutes an offence under the said ACT summarily punishable by a Level 4 fine on the standard scale.

 

Consequently I do not acknowledge any debt to the Halifax.

 

It is noted that you have again requested a copy of the original application form to be found however on the 5th January 2007 it was confirmed to me by *** ****** (Team Leader, Customer Services) that you where unable to retrieve any such alleged original agreement (copy enclosed). I contend that you have failed in your obligation to supply the required information that complies with the requirements of the said ACT and under the SI 1983 The Regs No 1557 2 (1).

 

You have had 9 months to comply with my request. Yet you believe that you are under no such LEGAL OBLIGATION to supply the documentation in question under the new terms of the Consumer Credit Act section 15, where exactly in the Consumer Credit Act 2006 does it specifically relate to alleged agreements entered into prior to its implementation date of the said ACT? As you state the alleged account was supposedly opened on the 23rd November 1998.

 

I do not understand your logic of this apparent assertion as I cannot see that there is any correlation between s.15 of the CCA 2006 and any “legal timescales” of “6 years” or at all. Furthermore, I am not aware that there are any “legal timescales” with regard to how long any documents may be kept by any party to an agreement. I suggest that there may be some confusion on your part in respect of the Limitations Act 1980 and the period of 6 years for civil proceedings to be instituted under a simple contract.

 

Nevertheless; I submit my understanding that s.15 of the CCA 2006 (which effectively commenced on 6th April 2007) does not apply to a request for a true copy of an executed agreement made under s.77 and 78 of the CCA 1974.

 

With reference to s.15 of the CCA 2006 which you are now citing,

 

15 Enforceability of regulated agreements

 

In section 127 of the 1974 Act (enforcement orders in cases of infringement) subsections (3) to (5) shall cease to have effect.

 

Your attention is drawn to paragraph 11 of Schedule 3 of the CCA 2006.

 

11 The repeal by this Act of—

 

(a) the words “(subject to subsections (3) and (4))” in subsection (1) of section 127 of the 1974 Act,

 

(b) subsections (3) to (5) of that section, and

 

© the words “or 127(3)” in subsection (3) of section 185 of that Act,

 

Has no effect in relation to improperly-executed agreements made before the commencement of section 15 of this Act.

 

It is my interpretation of paragraph 11 of Schedule 3 of the CCA 2006 that the discretion of the court cannot be exercised when considering improperly-executed agreements under s.65(1) of the CCA 1974 in relation to agreements executed prior to the 6th of April 2007. On the contrary, I submit that the discretion of the court can only be exercised in this respect to improperly-executed agreements under s.65(1) of the CCA 1974 in relation to agreements executed after the 6th of April 2007 – and then subject to any prejudice caused to a Debtor or the culpability of a Creditor. I opine that the objective of s.15 of the CCA 2006 is to provide the Court with discretion in all cases when considering applications for Enforcement Orders sought under s127 of the CCA 1974 post 6th April 2007.

 

In any event, I shall expect a written confirmation from you acknowledging the contents of this letter within 5 working days, as per the requirements of section 15.3 of the Banking Code.

[voyager9]

pford

 

i am in a similar situation with you about date of birth being wrong

i havent started pursuing this yet as its seems complicated

 

t-mobile registered a default on my credit file but it has an incorrect date of birth can this be grounds to have it removed?

 

how would you reccomend i proceed what with t-mobile not coming under cca 1974?

 

any help will be apreciated thanks voyager

 

also if you have time could you glance over a letter i have written about a copy aplication form i have been sent under a cca request its on post #14 of the link below

 

http://www.consumeractiongroup.co.uk/forum/other-institutions/87130-voyager9-littlewoods.html

[pford]

pford

 

i am in a similar situation with you about date of birth being wrong

i havent started pursuing this yet as its seems complicated

 

t-mobile registered a default on my credit file but it has an incorrect date of birth can this be grounds to have it removed?

 

how would you reccomend i proceed what with t-mobile not coming under cca 1974?

 

 

will be going the ICO route with the date of birth as the HAlifax have confirmed that the information is correct and experian won't remove it.

 

I would go the ICO route with t-mobile

 

as for your littlewoods will reply on there

[voyager9]

thanks pford will go down that route once i get some sorted thanks

[zubo]

pford

 

i am in a similar situation with you about date of birth being wrong

i havent started pursuing this yet as its seems complicated

 

t-mobile registered a default on my credit file but it has an incorrect date of birth can this be grounds to have it removed?

 

how would you reccomend i proceed what with t-mobile not coming under cca 1974?

 

any help will be apreciated thanks voyager

 

also if you have time could you glance over a letter i have written about a copy aplication form i have been sent under a cca request its on post #14 of the link below

 

http://www.consumeractiongroup.co.uk/forum/other-institutions/87130-voyager9-littlewoods.html

 

Look here for relevent discussion:

 

http://www.consumeractiongroup.co.uk/forum/telecoms-mobile-fixed-broadband/41808-t-mobile-dont-need.html?highlight=failed+CCA

 

and also here for strategy on removing defaults:

 

Remove Default Notices on a Credit File - We show you how

 

Forget complaining - the regulators are sinking without trace, use the letters and strategies.

 

Z

[voyager9]

thanks zubo

 

have already looked at them threads but will do again i should find some more info

 

i was just wondering if the date of birth thing was a good and easier way of getting this done as there doesnt seem to be many threads that this has happened to people in fact pfords was the first i have seen.

 

what i mean is if you approached them saying incorrect infomation wouldnt they just change the details on the default to show the correct details?

 

again thanks zubo

[pford]

letter now sent as of post 138, now lets see what they come back with

[pford]

i responce to their last letter going to send this. Thanks to Richard Spud for the advise on the S15 and other bits of their letter.

 

Thank you for your letter dated the 3rd May 2007 and your comments are noted.

 

As advised in my last letter dated the 30th April 2007 you do have a LEGAL OBLIGATION under the Consumer Credit Act 1974 section 78 to supply this information upon request which was made on the 11th July 2006. Failure to comply with a valid request within a period of 12 working days (not including the date of receipt of the request) he may not enforce the agreement at all. This prevents enforcement with or without a court order. If a default lasts for a month (for example a calendar month) it constitutes an offence under the said ACT summarily punishable by a Level 4 fine on the standard scale.

 

Consequently I do not acknowledge any debt to the Halifax.

 

It is noted that you have again requested a copy of the original application form to be found however on the 5th January 2007 it was confirmed to me by *** ****** (Team Leader, Customer Services) that you where unable to retrieve any such alleged original agreement (copy enclosed). I contend that you have failed in your obligation to supply the required information that complies with the requirements of the said ACT and under the SI 1983 The Regs No 1557 2 (1).

 

You have had 9 months to comply with my request. Yet you believe that you are under no such LEGAL OBLIGATION to supply the documentation in question under the new terms of the Consumer Credit Act section 15, where exactly in the Consumer Credit Act 2006 does it specifically relate to alleged agreements entered into prior to its implementation date of the said ACT? As you state the alleged account was supposedly opened on the 23rd November 1998.

 

I do not understand your logic of this apparent assertion as I cannot see that there is any correlation between s.15 of the CCA 2006 and any “legal timescales” of “6 years” or at all. Furthermore, I am not aware that there are any “legal timescales” with regard to how long any documents may be kept by any party to an agreement. I suggest that there may be some confusion on your part in respect of the Limitations Act 1980 and the period of 6 years for civil proceedings to be instituted under a simple contract.

 

Nevertheless; I submit my understanding that s.15 of the CCA 2006 (which effectively commenced on 6th April 2007) does not apply to a request for a true copy of an executed agreement made under s.77 and 78 of the CCA 1974.

 

With reference to s.15 of the CCA 2006 which you are now citing,

 

15 Enforceability of regulated agreements

 

In section 127 of the 1974 Act (enforcement orders in cases of infringement) subsections (3) to (5) shall cease to have effect.

 

Your attention is drawn to paragraph 11 of Schedule 3 of the CCA 2006.

 

11 The repeal by this Act of—

 

(a) the words “(subject to subsections (3) and (4))” in subsection (1) of section 127 of the 1974 Act,

 

(b) subsections (3) to (5) of that section, and

 

© the words “or 127(3)” in subsection (3) of section 185 of that Act,

 

Has no effect in relation to improperly-executed agreements made before the commencement of section 15 of this Act.

 

It is my interpretation of paragraph 11 of Schedule 3 of the CCA 2006 that the discretion of the court cannot be exercised when considering improperly-executed agreements under s.65(1) of the CCA 1974 in relation to agreements executed prior to the 6th of April 2007. On the contrary, I submit that the discretion of the court can only be exercised in this respect to improperly-executed agreements under s.65(1) of the CCA 1974 in relation to agreements executed after the 6th of April 2007 – and then subject to any prejudice caused to a Debtor or the culpability of a Creditor. I opine that the objective of s.15 of the CCA 2006 is to provide the Court with discretion in all cases when considering applications for Enforcement Orders sought under s127 of the CCA 1974 post 6th April 2007.

 

In any event, I shall expect a written confirmation from you acknowledging the contents of this letter within 5 working days, as per the requirements of section 15.3 of the Banking Code.

 

their 5 days are now up. just goes to show they can't even comply to the banking code

[Ferru]

Unfortunately this method won't work with T-Mobile, as they will say that they are not covered by the Consumer Credit Act (CCA).

 

IMHO, T-Mobile should not be allowed to register a default against someone unless they have followed the same procedures as the banks are obliged by the CCA to follow. AFAIK, a lender will look at a default from T-Mobile as being equally bad as one issued by Natwest, even though Natwest has to operate within strict parameters (whereas T-Mobile could tell Experian that you have defaulted if you are 1 day late with a payment, and there is nothing you can do about it). The two defaults are the same in name only...

 

Jeff

 

 

and also here for strategy on removing defaults:

 

Remove Default Notices on a Credit File - We show you how

 

Forget complaining - the regulators are sinking without trace, use the letters and strategies.

 

Z

[Ferru]

Not being a bank, they are not covered by it (more's the pity)...

 

Regards

 

Jeff

 

their 5 days are now up. just goes to show they can't even comply to the banking code

[pford]

Not being a bank, they are not covered by it (more's the pity)...

 

Regards

 

Jeff

 

:grin: the letter was sent to the Halifax. Still not replied to it time to report them under the Banking Code as well.

[hellhasnofury]

HELLO

 

SUBSCRIBING TO THIS VERY INTERESTING AND INFORMATIVE THREAD.

 

KEEP UP THE EXCELLENT WORK:grin:

 

I HAVE HAD A FEW COMPANIES DEFAULT ON CA:lol:

[joesoap]

I am subscribing but I had not read all of it until your post on the "Loan Company....". It is rather good and I like it when Laiste gets involved; rather knowledgeable.