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prinlisa

No CCA, but still defaulted? Any ways round this?

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Hi guys!

 

I recently CCA'd my bank over personal loan. They cannot find it, which I expected as it was supposed to be a consolidation which due to their error ended up running as two seperate loans!

Anyway, because of this the amount owing was very wrong and as I say the bank have confirmed they cant provide the CCA (s).

However I recently got a credit report and there are now 2 defaults on it (one for each loan) which I am not happy about giving the circumstances above.

Somebody advised me there are template letters I can send to the CRA's about getting the defaults removed.

Can anybody give me any further advice on this, and better still send me the template letters.

I would have no chance in applying for credit, and if there is a way out of this mess, I need to take it.

Thanks in advance, and any small piece of info would be greatly appreciated.

Lisa

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Take them to court to prove the eligibilty of the agreement or the fact they havent got it.


IVA Entry Removed

Nationwide Default Removed

Nationwide Joint Account Default Removed

Natwest Default Removed

Blackhorse Car Finance Court Claim - Won

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Sorry, as this won't help you, but my Bank (NatWest) have stated very clearly IN WRITING, that the 'negative balances' on both my accounts are not even covered by the CCA and therefore they do not have to provide me with a copy!

 

It's a big, scary, mixed up world out there in Creditland, BUT if you read, post, read lots more, then read even more in these forums, you like me can end up DEFEATING a DCA at their own game - what a feeling :D

 

Good luck with the Bank - they truly are laws unto themselves and if they can persuade the Govt. to hand them BILLIONS of OUR cash, what notice do you think they are going to take of you and me...??

 

Doesn't mean you shouldn't make life really 'orrible for them though? ;-)

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Mr Sooty, CCA section 78/79 is a request for information(i.e. your original signed agreement) it doesnt matter what is going on with your account, they still need to provide it by law. It is the same as the Data Protection Act.

 

The bank sent me a letter saying that due to the pending OFT case on bank charges they did not have to respond to my request. So I responded to them by sending a final warning stating to provide me CCA and DPA information as requested as this was seperate from any claim. I warned them to comply within 40 days. They failed to do so so I gave them a final warning via recorded delivery with a pre-prepared copy of a court summons to the sheriff court. My letter stated that failure to comply within 7 days would result in legal action. Guess what! they responded with the same letter from my first request...blethering on about the oft case.

 

So I filed the paperwork, explained to the sheriff that I wanted the information. Handed him the letters I sent along with the royal mail receipts and he gave them 14 days to comply. Now I have my information and guess what! When I put my claim in for charges after the OFT case I have paperwork from this case to give the sheriff to show the courts that the bank has been previously uncooperative and a court order had to be obtained. A bit of character assination is never a bad thing....hehe

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Hello there I am new to this amazing forum! So be easy on me (lol). I have 2 defaults and am seriously getting really down and feeling very helpless and do not want to give up as I can't as I have come too far now.

 

I have with interest read your material, and I feel like you are amongst the very few to help me!

 

Two defaults-

1. Abbey

2. Halifax Bank but Capquest (DCA) have shared the info with Experian! I have sent both Abbey and Halifax a letter to produce true signed copies of DNOTICE and credit agreement. I gave them 28 days. Have another week to hear back!

 

The defaults were when I was young and naiive in 2006. However at no point did I receive a default notice. I was on the phone to them arranging a payment plan and then I get a default!!!! They are both NOT SATISFIED as I will pay on the basis they remove it !

 

Rgs, :-)

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Sorry that I posted here by the way! I just have no idea how to start a new thread. Will learn ina couple of hours hopefully. :)

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Hi There Natlani.

 

Where are you, scotland or england/wales.... different laws in different areas.

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I live in England. London.

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