New to Forum

[MARKWHEETY]

hi all

 

Please dont shoot me for asking what is probably a dumb question, but new to the forum and after a bit of advice.

 

I have had a default registered with me from Halifax of which I know that i was not given a default notice. I have got the money to pay the account off I am more interested in the default being removed than anything else.

 

I have read other forums on this site and slightly confused on my first steps.

 

i have so far asked for a copy of the Halifax complaints procedure in writing.

 

do I know ask for a SAR's request or just a copy of my signed credit agreement or both?

 

Sorry it sounds dumb just not sure which road to take!

 

Cheers

[car2403]

Hi and welcome CAG.

 

What is this debt for? Is it an overdraft, credit card, loan etc?

 

If an overdraft, it will get interesting - there's a link in my signature about how the Consumer Credit Act works with Overdrafts, which may be of interest...

[MARKWHEETY]

Hi it was for a credit card - basically went into arrears and next thing the balance has gone to debt collectors with demand for full balance. Asked what options are and said only full balance can be cleared not arrears and default has been issued by Halifax.

 

There was no default issued even though the debt collectors says they must have been for it to be issued to them. As I say I am not bothered about paying but bothered about the default being registered.

 

How can i stop this progressing?

 

Please help!

 

Cheers

 

Wheety

[sam614]

Hi it was for a credit card - basically went into arrears and next thing the balance has gone to debt collectors with demand for full balance. Asked what options are and said only full balance can be cleared not arrears and default has been issued by Halifax. crap.who is the dca with this stupid claim?

 

There was no default issued even though the debt collectors says they must have been for it to be issued to them. As I say I am not bothered about paying but bothered about the default being registered.

do you agree to the balance owed.if you never recieved a default notice.I would sar halifax,to get those details.maybe they terminated after a duff default notice:)

How can i stop this progressing?

 

Please help!

 

Cheers

 

Wheety

SAM:pLOWELL DETESTER

[MARKWHEETY]

Hi Sam

 

Blair, Oliver and Scott are the DCA (the inhouse Halifax DCA I believe) - they have been very good about it all but equally as they think I will paying it all up within a few days.

 

Not going to happen as I get more educated on the subject.....

 

Will start a SAR's request rolling and see what happens

 

Cheers for help

 

Wheety.

[MARKWHEETY]

Hi all

 

Quick question when you do a SAR is it per company or per account? I.e if you have 2 accounts would that be 2 x £10 charges or just one?

[silverfox1961]

Hi,

It's £10 per bank no matter how many accounts there are. You only need to SAR halifax, not B.O.S. Just include all account numbers in the SAR

[MARKWHEETY]

Hi all

 

quick question is it any quicker to ask for the credit agreement as well (CCA request) whilst you are asking for the SAR request - the reason being I cant keep them hanging on with out putting the account into dispute or in both cases do they still have 40 days to reply,

 

cheers for any help!

[craigers]

There's no harm going down the CCA route too, but you'll probably get some meaningless crap which won't definitively answer your question. At least it makes them work though!

[sam614]

Hi all

 

quick question is it any quicker to ask for the credit agreement as well (CCA request) whilst you are asking for the SAR request - the reason being I cant keep them hanging on with out putting the account into dispute or in both cases do they still have 40 days to reply,

 

cheers for any help!

 

12+2 for CCA

lot quicker

 

SAM

[MARKWHEETY]

Hi All

 

Been quiet as beavering away sending letters! So the 40 days are nearly up from my SARS request and got a letter from the DCA lot at Halifax to say basically they will be processing it in due course. Funny thing is that it has taken over 5 weeks for them to reply and when I queried this they said well they might not get it to me within the 40 days!?!?!?!?!!?!? (I thought they had to)...... My question is what do I do now.

 

In regards to the idiots at Blair, Oliver and Scott sent THEM a letter saying I want my telephone number off the system and that I wont accept Doorstop calls and get a response from the HALIFAX CUSTOMER SERVICES! (Yes I know its the same company but they say they act separately!!)

 

Following that I call Blair, Oliver and Scott to see why they are calling and they have no details of the letter - looks like the Halifax have not sent it on. Is there anything I can do about this? Neither are keeping accurate records at the moment (hopefully to my favour).

 

I have another 5 days basically to go before the 40 days is up for my SARS request and just wondering what I can do to stall them or where I go from here....

[MARKWHEETY]

Hi All

 

Finally got my SARS request (outside of 40 days but whats new!!!) Looking through nothing makes sense about a default notice (maybe as I know one was never sent) but does anyone know the code for a default notice????? L9XXX

 

The only letter I got was a L5001 and even that has not been explained on the SARS request (I am sure this is not a default letter code but need to check BEFORE i ring them) - dont want the wriggling out of it!!!

 

PLEASE PLEASE HELP IF YOU CAN!!!!!

[silverfox1961]

Hi,

Can't help with the codes but you should have been given a list giving the meaning of the codes used on your account so that you can work out what has been done to it.

 

You should also have been given screenshots showing what intervention has taken place. Somewhere in those screenshots there should be either the codes used followed by a line of text saying I.E "Def Iss"

 

Can you list what they have sent( statements, agreement, correspondence)

 

I suspect they haven't sent you everything they have.

 

Unless you can record the call you wish to make, I wouldn't recommend calling them. Much beter to have a paper trail so that when you make your complaints (and you will) you can show how much effort you have put into this.

 

fox

[MARKWHEETY]

Thanks for the reply.

 

They have sent me mainly:

 

*Info on what Blair, Oliver and Scott have on me.

*Info on what is held on the St Andrews group System (PPI Insurance)

*Info on what is held by Card Services (this is the info with letter codes etc) including application form and copy of card statements.

*Info from Retail Collections

 

Spoken with Data Protection Team and the L5001 is not a default Letter so in essence there is no record of a default as I knew! Sending off a letter to them now with the good news (for me).

 

 

ADVICE NEEDED THOUGH:

So if I am right as they have'nt default the account correctly (although registered it as closed with credit agencies) they cant ask me for the full balance only the arrears at the time it was closed and then they must remove the default? Is that correct??? I know it is going to be a battle but I am ready!!

 

Plus as a stoke of luck looking through it all my application form, I had not got the PPI box ticked, yet they had added the PPI to my account for 3 years from when it was opened until I cancelled and I never thought anything of it...... What a bit of luck!!!

 

Worth doing a SARS request me feels.

[MARKWHEETY]

Just been going through my SARS request and getting mad on all the things they havent done to a old complaint even though they requested they would!!!

 

Just noticed I had a copy of my application form but not my agreement. Should I CCA them now - however in theory they shouldnt have this information!!!

 

Or should I just argue the case without it.....

 

Any ideas????

Edited August 26, 2009 by MARKWHEETY

[silverfox1961]

As I understand it, a default notice is a generic letter which they merge your debt information with. They rarely save this letter, just print and send it so all they have to prove to you is that they sent one however, there should be a note on your file that one was issued. As you say, there is nothing to indicate one was ever sent.

 

Even if they have terminated the account unlawfully, getting the default removed is almost impossible. The only way I have seen so far is to take them to court. If you dispute the default with the CRA's, they won't do anything but you can then make them co-defendants as they are also data controllers. That makes them twitch a bit.

 

Claim back the PPI. You should be able to work out what they have had from your statements.

 

Why do you need to do another SAR?

[MARKWHEETY]

Hi Silverfox

 

Thanks for your response. I am more than prepared to go to court several times as well!

 

What I have been told by Halifax is the way they know that things have been sent out by their card services department is their letters are coded and mostly computer generated. This account has not got any of the default code letters (L9200 or L9211) which are becoming the common codes they use.

 

The reason I asked is it worth asking for my Credit Card Agreement as I got a copy of my Application Form which is a copy of an agreement for a card I was not issued. I applied for a gold card but got issued with a basic card based on different APR's etc. I have not a copy of any of the terms and conditions of my credit card and thus cant argue its enforcability.

 

Is this worth pursuing?

Edited August 26, 2009 by MARKWHEETY

[silverfox1961]

absolutely worth persuing but not worth going to court yet. You have to be sure that they either have no more to send or won't send.

 

I had a dispute with Cap1 and it was only when I took them to court that they supplied the information I wanted. Because they had finally supplied I discontinued but it was a pain to have to do all this in the first place.

 

With a SAR, they have to supply everything they hold on you which includes a copy of your agreement but if you are double checking then a CCA would show whether they have an agreement or just the application they have already sent you. with this request should come terms and conditions.

 

You should have been sent any terms that come with the account but I have had from Citi, that they don't have to send them as they don't fall under the data protection act. HMMM!

[MARKWHEETY]

That is total crap (not you what the bank was saying) - how can your credit terms and conditions not be governed by the Data Protection Act as it relates to your account and the "so-called" agreement between both parties.

 

What a fob out - plus any credit agreement would have your personal data at the top thus would come under the Data Protection Act....

 

They make me madddddddddddddddddddddd.....

[car2403]

As I understand it, a default notice is a generic letter which they merge your debt information with. They rarely save this letter, just print and send it so all they have to prove to you is that they sent one however, there should be a note on your file that one was issued. As you say, there is nothing to indicate one was ever sent.

 

Well, yes, they could, but then they would have to lose as they haven't complied with s.87/s.88 or the regs requiring the Notice to be in a prescribed format with a prescribed layout.

 

If the agreement is unenforceable, whether they did or did not send a Default Notice is irrelevant - the agreement can't be enforced, so a Default recorded in those instances is on dodgy grounding.

 

Even if they have terminated the account unlawfully, getting the default removed is almost impossible.

 

Incorrect. I have had 8 Defaults removed - all on unenforceable agreements and even some on enforceable agreements because they didn't comply with their obligations.

 

The only way I have seen so far is to take them to court.

 

Correct - that is the only language these organisations understand.

 

If you dispute the default with the CRA's, they won't do anything but you can then make them co-defendants as they are also data controllers. That makes them twitch a bit.

 

I would avoid that, personally, as the CRA has a complete defence if the creditor has confirmed the information is accurate to them. I know where you're coming from, but the beef is with the creditor - the CRA just does what they are told. (And it could be costly to sue both and lose, as you'll be doubling the costs involved if that happens - unlikely, yes, not impossible)

 

I had a dispute with Cap1 and it was only when I took them to court that they supplied the information I wanted. Because they had finally supplied I discontinued but it was a pain to have to do all this in the first place.

 

In which case, I'd be seeking recovery of the costs involved as they have abused process unnecessarily. Now you've discontinued, that would be difficult.

 

With a SAR, they have to supply everything they hold on you which includes a copy of your agreement but if you are double checking then a CCA would show whether they have an agreement or just the application they have already sent you. with this request should come terms and conditions.

 

A SAR would disclose what they've already disclosed. A CCA request is belt and braces, but isn't necessary and wouldn't uncover much more.

 

You should have been sent any terms that come with the account but I have had from Citi, that they don't have to send them as they don't fall under the data protection act. HMMM!

 

T&C's don't contain personal data relating to you, so they are probably right. (Probably, because only a Judge could decide) If you CCA them, they do need to provide them.

[MARKWHEETY]

Well Hi all

 

Update on what has been going on!

 

I have sent off 3 complaints in recent weeks in regards to the credit card!

 

1. Complaint about PPI (where application form didnt have PPI ticked) - WON ALL MONEY AND INTEREST REFUNDED!!!!!!!!

 

2. Complaint about account being closed without a default notice issued - Verbally confirmed by Blair Oliver and Scott that account balance has been reduced to zero and they wont be pursuing me for any money. Also APOLOGISED for their part in the situation but were only doing what HALIFAX told them.... Still waiting on Halifax writing to me to confirm situation!

 

3. Complained about default - Again waiting update!

 

Overall, will never bank with the idiots again. Also in my experience you will find out so much more and then they cant cover up their mistakes (like saying they issued a default letter when they didnt) as you have a copy of the info by doing a SARS request as the first thing you do.......

 

Need a bit of advice though where is it written / case law etc that if an account is unlawfully closed then the creditor is only entitled to the arrears and not the full balance? I know what halifax are going to argue that they have reinstated the account thus they are entitled to the whole amount!!!

 

Mark Wheety

Edited September 30, 2009 by MARKWHEETY

[MARKWHEETY]

Hi All

 

Quick question:

 

If a default notice has been issued 6 months earlier and then the account returns to normal status can they use that as a default notice or do they have to issue a new one? really interested in this answer!

[silverfox1961]

Hi again,

If a default notice is issued and you rectify the default before the date given, the default expires without notification to the CRA's.

 

A creditor can remove a default and issue another at any time so long as the account has not been terminated.

 

If the account has been defaulted and terminated, the DN stands.

 

Does that make sense.