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Removal of Default and claim of unfair charges


nickypudsley
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Hi all,

 

I have just joined the forum recently and have been reading some of the posts. I have sent Cap one a letter before action and now need to send a NI POC to claim unfair charges. I am also looking to get the Default that they have placed on my account removed but the N1 POC on the consumer forum does not state any thing about removal of a Default, can any one help in advising the correct wording that needs to be included and if so,where should this be stated?

 

Any help would be gratefully received.

 

Rgds,

Pudsley.

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Hi, Pudsley.

 

Have a look at this......................

 

http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/149449-put-your-credit-reference.html

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

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Hi Nicky

 

I would look into quoting CPUTR2008 regs as crapone bank have signed up to the banking code... this code includes this nice little passage:-

 

“13.6 We may give information to Credit Reference Agencies about the personal debts you owe us if: the amount owned is not being disputed

 

Under CPUTR2008 codes of practice are legally binding...

 

5.—(1) A commercial practice is a misleading action if it satisfies the conditions in either

paragraph (2) or paragraph (3).

(3) A commercial practice satisfies the conditions of this paragraph if—

(a) it concerns any marketing of a product (including comparative advertising) which creates

confusion with any products, trade marks, trade names or other distinguishing marks of a

competitor; or

(b) it concerns any failure by a trader to comply with a commitment contained in a code of

conduct which the trader has undertaken to comply with, if—

(i) the trader indicates in a commercial practice that he is bound by that code of

conduct

 

S.

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Thank you both for your advice, it was greatly appreciated! I have now as recommended Scott put the credit reference agencies on notice so I await their response. With reference to my question over the N1POC requirement to add in a statement requesting the default removal, does any one have any advise with regards to this as I really keen to get court procedures started?

Any advice would be gratefully received.

Rgds,

Pudsley.

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  • 3 weeks later...

im in the same situation, but my account was closed nearly 5 years ago, ive requested charges and default removal, ive filed court papers and they've acknowledged, they have till the 21st august to file papers!!

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