Jump to content

You can now change your notification sounds by going to this link https://www.consumeractiongroup.co.uk/index.php?/&app=soundboard&module=soundboard&controller=managesounds

 

You can find a library of free notification sounds in several places on the Internet. Here's one which has a very large selection https://notificationsounds.com/notification-sounds

 

 

BankFodder BankFodder

 

BankFodder BankFodder


  • Tweets

  • Posts

    • Good morning all,   I have an update for you all, shortly after my first hearing i was told i would need to have a rehearing with another company, Obviously i agreed but after the initial grievance hearing the person then asked me to enter into a private conversation, I have received the settlement offer and are disgusted as its not even half of my monthly  salary, I'm not sure what to do at this stage as i dont have the funds to finance a solicitor,so any advice would be appreciated.  
    • Sorry, but what does this mean?   Who are ARC? It would be helpful if you could be a little bit more clear about what happened. I don't understand why you are not simply proceeding against Amazon – because it is clearly their responsibility as it was their driver or courier company
    • I understand that you were involved in a contentious divorce in respect of which there was a bill for court costs – £850. You decided to challenge the costs in court and you lost and an order was made against you. We decided to appeal the order but before the appeal was heard, the solicitors made you a without prejudice offer of a 50-50 split – £425. You agree to this and you signed the document to that effect which you returned to the solicitors. Despite that the solicitors are now trying to impose the original £850 order. Is that the correct order of events? "Without prejudice" is certainly something that doesn't seem to be very well understood, including by solicitors. "Without prejudice" can protect an offer from being disclosed to the court where the offer has been refused so that it is not binding on anyone. However, without prejudice cannot be used to hide everything from the court – including wrongdoings, unethical behaviour et cetera. It seems to me that once you sign the agreement you effectively had a contract. I'd like to know a little bit more about the agreement that you signed but presumably it was intended to bring a halt to any further proceedings. I don't think there is any difficulty about disclosing a contract to the court in the circumstances. It is only the offer which was made without prejudice. Once the agreement was accepted and signed then the document acquired a wholly different character. It was no longer an offer open to be accepted or refused. It was a legally binding contract which imposed obligations upon both sides. In my view the solicitors have acted in a highly unethical way and I would begin by making a complaint to the SRA. I wonder whether the solicitors proposed the 50-50 split to you without consulting with their client and when they then contacted their client and told her what had been agreed, she refused to accept it and on that basis the solicitors recognised that they had made an error but rather than accept their responsibility and footing the £425 out of their own pockets, they preferred to get it from you. Of course this is just speculation but it seems to me to be quite a possible scenario. I'd like to see the agreement post up here please – that my sense is that you should complain to the SRA and you should tell the solicitors that this is what you're doing.
    • What's the default date? It should be on your Credit File
    • i point you to two threads whereby you'll see an explanation by andy (post 22 here) https://www.consumeractiongroup.co.uk/topic/410486-lowell-interim-charging-order-from-credit-card-debt-2009/?tab=comments#comment-4912902   and   https://www.consumeractiongroup.co.uk/topic/406428-remortgage-issue/   if yours says:    written notice of the disposition was given to XX Council ( - disposition = sold vis: disposed of) ..... notice means letter telling them it's been sold -    doesn't say it must be paid or settled BEFORE disposition..   that's the way i read it.          
  • Our picks

    • Currys Refuse Refund F/Freezer 5day old. Read more at https://www.consumeractiongroup.co.uk/topic/422656-currys-refuse-refund-ffreezer-5day-old/
      • 5 replies
    • Hi,  
      I was in Sainsbury’s today and did scan and shop.
      I arrived in after a busy day at work and immediately got distracted by the clothes.
       
      I put a few things in my trolley and then did a shop.
      I paid and was about to get into my car when the security guard stopped me and asked me to come back in.
       
      I did and they took me upstairs.
      I was mortified and said I forgot to scan the clothes and a conditioner, 5 items.
      I know its unacceptable but I was distracted and Initially hadn’t really planned to use scan and shop.
       
      No excuse.
      I offered to pay for the goods but the manager said it was too late.
      He looked at the CCTV and because I didn’t try to scan the items he was phoning the police.
       
      The cost of the items was about £40.
      I was crying at this point and told them I was a nurse, just coming from work and I could get struck off.
       
      They rang the police anyway and they came and issued me with a community resolution notice, which goes off my record in a year.
      I feel terrible. I have to declare this to my employer and NMC.
       
      They kept me in a room on my own with 4 staff and have banned me from all stores.
      The police said if I didn’t do the community order I would go to court and they would refer me to the PPS.
       
      I’m so stressed,
      can u appeal this or should I just accept it?
       
      Thanks for reading 
      • 7 replies
    • The courier industry – some basic points for customers. Read more at https://www.consumeractiongroup.co.uk/topic/421913-the-courier-industry-%E2%80%93-some-basic-points-for-customers/
      • 1 reply
    • The controversial sub-prime lender says the City watchdog is investigating its practices.
      View the full article
      • 0 replies
Coactum

Removing Default Notices from a Credit File

style="text-align:center;"> Please note that this topic has not had any new posts for the last 3899 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

I have just used CreditExpert.co.uk to view my credit file and note that all the credit cards I have which are in dispute are all marked as being in default or seriously in arrears.

 

I have put in CCA requests to all and SAR to some who had failed to respond to my CCA request. At best all I have been supplied with are application forms none of which are fully compliant for various reasons stated on other threads.

 

I have previously written to all creditors with a statutory notice under section 10 of the Data Protection Act instructing them to cease processing any data in relation to my account with immediate effect on the grounds that the accounts were not valid Consumer Credit Agreements and were in dispute.

 

What can I now do to force them to remove the default notices etc?

Share this post


Link to post
Share on other sites

just follow the variouse thread for advice

 

ill only say from personel experience is

 

dont take no for an answer and be a complete pain in the a$%e

Share this post


Link to post
Share on other sites
just follow the variouse thread for advice

 

ill only say from personel experience is

 

dont take no for an answer and be a complete pain in the a$%e

 

Can you please point me to the appropriate thread because searching returns too many results and many of those threads have hundreds of posts, so, the the info I seek becomes very difficult to find. If you know exactly where to find it that would be very much appreciated.

Share this post


Link to post
Share on other sites

ill dig out one of mine

 

a bit long winded and confused in places as cag threw a wobler

 

ill dig it out now

Share this post


Link to post
Share on other sites

Thanks for pointing me to your thread postggj. Please don’t take what I’m about say wrongly your approach worked in the end but if I understood correctly this was not as a result of your court action but more down to your dogged determination in having the default removed. It looks like you failed to follow some of the advice given such as registering written complaint and I'm wondering if this might have brought a speedier resolution to your case.

 

I have decided to start by writing to the credit reference bureaus as follows:

 

I write to draw your attention to errors recorded in my credit file.

 

On 2nd April 2009 I wrote to ABBEY NATIONAL PLC , FIRST DIRECT BANK , CITIFINANCIAL EUROPE, BARCLAYCARD , HALIFAX BANK OF SCOTLAND and MBNA EUROPE BANK to request a copy of any Credit Agreement I held with them. A follow up request was placed on 21st April and a further reminder sent on 14th May. Most by this time had responded in some way or other but not one had provided satisfactory proof that a valid contract as defined by the Consumer Credit Act existed.

 

In my letter of 14th May I issued all the above companies with statutory notices under section 10 of the Data Protection Act instructing them to cease processing any data in relation to my account with immediate effect.

 

MBNA simply ignored all requests and so on 6th June I submitted a Subject Data Request to them. I received a response on Thursday for only one of the accounts in question. The information provided is wholly inadequate and strengthens my claim that no regulated agreement exists between MBNA and me.

 

All the aforementioned companies have been advised that in the absence of the requested documents my accounts remain in dispute. I consider that a valid dispute exists and as such showing accounts in default is erroneous.

 

I have recently renewed my subscription to your service and am surprised to note that defaults have been registered against me. I request that you remove these pending the outcome of these disputes.

 

If you require copies of letters sent and received together with full details as to why I consider any alleged agreements to be flawed I will be happy to oblige.

 

I will then follow through with a complaint to the Information Commissioners Office if this has not been addressed to my satisfaction within 28 days and I guess I should also write to the data controller for each company.

 

Please give feedback and comments?

Share this post


Link to post
Share on other sites

Just missed something. Should I not have recieved some form of Default Notice from these companies. I seem to recall that I default has a set format leading to a bottom line of what is due. To the best of my recolection I've recieved no such thing from any of them!

Share this post


Link to post
Share on other sites

there is a recent post that indicates the regulator considers previous defaults are ok, even if the cca proves unenforceable.

 

the only foolproof way i can see now of getting defaults removed is to reclaim charges and if the default was solely made of those charge & they thus refund, then they must also remove the default.

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

Share this post


Link to post
Share on other sites

Surely if an agreement is unenforceable it is also unregulated and as such cannot be defaulted as if it were?

Share this post


Link to post
Share on other sites

an unenforceable CCA has in the past has been wrongly viewed by many as some magic 'get out of jail [debt] free card'.

 

i think the powers that be are now viewing things a bit differently, unless the debt was never the OP's in the first place, i cant see how they can complain a default has been put up if they are not paying their dues.

 

as above, if the OP is in dispute solely because of charges thus giving them a default, then it should get removed after reclaiming.

 

an unenforceable cca does however typically give the OP the chance of a very low F&F.

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

Share this post


Link to post
Share on other sites

Thanks for your input DX100UK but if you refer back to my first thread http://www.consumeractiongroup.co.uk/forum/general-debt-issues/203269-introduction-background-my-debts.html you would learn that it was an inability to pay that commenced my action. It was through the inflexible attitude of my creditors that I embarked upon the CCA and SAR route. This brought me to learning that there were no valid contracts. Most card companies have already offered very substantial discounts in some cases over 70% has been wiped out, but as I do not have the funds to settle I am unable to enter into such negotiations.

 

That aside if I understand it correctly if the agreement is unenforceable then there may be a case to ask for all interest and late payment charges to be refunded. All of my accounts are at least 10 years old and the interests applied over the years would undoubtedly exceed the current balance. In one card alone more than a thousand pounds has been levied in fees and interest since I stopped paying back in April. This has resulted in the sum being pursued rising from just under £9K to over 10K.

 

Point 1. If the agreement has failed to comply with the prerequisite terms that would make it a valid contract it is therefore unregulated. If so, then how can a default notice be issued as if it had been a regulated agreement?

 

Point 2. I have not had sight of the Default Notice. Surely a Creditor must serve upon a Debtor a valid Default Notice? If none has been server, and in my case we are talking about 7 different accounts here and no such notice for any, then surely that alone is grounds for having the defaults removed?

Share this post


Link to post
Share on other sites

sorry for some reason [unless threads have since merged?] i was seeing post #7 as a first post?

weird - hence my reply.

 

you mention the sar's , did these not throw up atleast a record of defaults being sent? i dont think they must actually produce 'the' default, only that it was sent.

 

seems pretty strange the 7 a/c's have all got this issue? not changed ad have you?

 

if they are offering such large discounts to settle i smell a rat somewhere.

i'll go back to my initial thought though , i'd reclaim charges and interest, then if you can prove it was those that resulted in the defaults, the relevent co's must wipe them if your reclaim is successful.

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

Share this post


Link to post
Share on other sites

Thanks again for your input dx100uk. For the avoidance of doubt let me explain what I thought they needed to supply and what I've had.

 

Firstly, I thought that a valid Default Notice must include:-

 

Name and address of the creditor.

Type of agreement

The breach in terms.

An early settlement figure.

Steps to be taken to remedy the situation.

What the creditor intends to do next.

The creditor must allow 7 days to comply with the default notice.

 

However, I've had nothing from any of them that satisfies all the above.

 

What I have had include:

Short Settlement Offers

Notices of Sums in Arrears

Letters advising me that they plan to Default

 

Having checked again I have found a letter from MBNA that contains the words Default Notice. It has my name and address on it, it states that it is being served under Section 87(1) of the Consumer Credit Act 1974, It states that I am in breach of paragraph 8f of my agreement, it invites me to settle £9,539.04 and tells me that failure to do so will result in termination of my agreement. However, the sum stated is not the same value as stated in my Credit File nor have they supplied me with a copy of my credit agreement relating to this contract and as such the notice is flawed.

 

One extra thing the letter I refer to was dated by MBNA as 7th July yet the default was recorded on 30th June and the file was last updated on 5th July, and so the 7 days were not granted.

Share this post


Link to post
Share on other sites

I also had a letter from Citi which merely terminated my agreement. More about that here http://www.consumeractiongroup.co.uk/forum/citicards/208720-i-need-some-clarity.html

 

The MBNA application for that they sent for my other account (not the one with the Notice referred to in the previous post) is shown here http://www.consumeractiongroup.co.uk/forum/mbna/203820-very-strange-behaviour-mbna-3.html

Share this post


Link to post
Share on other sites

Having slept on the matter and given thought as to a viable way ahead for both me and my creditors this is what I am thinking of doing:

 

I am thinking of writing to each company reiterating that they have failed to provide a valid CCA and as such the account remains in dispute. However, in an effort to resolve the issue I have an offer to make.

 

I am going to invite them to reimburse all late payment fees and interest. This will generate a new balance. If in my favour (i.e. the sum of the fees and interest exceeds the current value) I will not pursue them, on the other hand if it leaves a balance in their favour that I will agree to repay as much as I can until the account is negated which I suspect will take no longer that 5 years. In return they must remove all adverse credit information as this should never have been recorded against an unenforceable debt.

 

Has anyone else done anything similar to this in the past?

Share this post


Link to post
Share on other sites

Subbing with interest.


Financial chaos - 6 months unable to work from February 2009 after a major car accident, being paid in Sterling but having to pay bills in Euros with an awful exchange rate, financial turmoil ('THE CRISES') causing my earnings to halve and punitive interest rates from credit card sharks!

Credit Cards

Capital One - £11500 Account terminated, in dispute Last contact 03/10

RBS Mint - £10000 Account terminated, in dispute Last contact 11/10

MBNA - £13000 Ongoing dispute Last contact 12/10

MBNA - £6000 Ongoing dispute Last contact 02/10

M&S - £10000 Terminated twice, in dispute Last contact 07/10

Barclaycard - £3000 Repaying

Lloyds TSB - £3000 Repaying

Bank of Scotland - £9000 Repaying

Loan

MBNA - £20000 Terminated and sold on Last contact 06/10

Share this post


Link to post
Share on other sites

I sent letters on Friday to the companies who have most recently contacted me. This included MBNA, Blair Oliver & Scott who represent HBOS and First Direct because I had received a letter from a new company representing them. In all cases I have simply repudiated the debt, reiterated their failure to provide a valid Consumer Credit Agreement and that the debt was therefore still in dispute. I invited them to clean up my file immediately as default cannot be recorded against a disputed debt and that in any event the debt may not be a valid contract under the 1974 Act etc. I ended by making an offer to resume payments but only after a revised sum was agreed post correction of fees and charges and all adverse credit removed. To highlight the extent of this on one account they are claiming £9.5K but will early settle for £2.6K however I have calculated that over £8K of excess charges and fees have been added. Needless to say the letters are lengthy and each one differs to reflect the different circumstances but I await responses with interest.

Share this post


Link to post
Share on other sites

I attempted to have equifax remove the defaults on the basis that these were in dispute and this is what they said:

 

Further to our recent correspondence, I have been contacted by First Direct Bank and MBNA Europe Bank Limited regarding entries on your credit report. They have confirmed that the details we hold are accurate and have requested that we retain the information on our database. Unfortunately I am unable to amend this information without the authorisation of the company in question.

 

If you have any further queries or wish to discuss any of this further, may I suggest you contact the companies concerned direct at the following addresses:

 

This was followed by the company addresses that I have previously written to.

 

Does anyone have any suggestions as to my next step?

Share this post


Link to post
Share on other sites

I'm beginning to get rome replies to my letters that I sent to the data controllers at various companies who have placed defaults on my file.

 

First Direct ignored all the points I raised and merely stated that they believed they had an enforvceable contract.

 

Citi confirmed that they are still investigation and hope to reply within 8 weeks!

Share this post


Link to post
Share on other sites

Here is a strange one! I've just had a letter from Hillesden Securities thanking me for my recent letter to HSBC and confirming that my account is on hold pending a response from their client. The letter is signed by a data controller and so it would appear that they conduct Data Controlling functions for HSBC. Anyway, I wrote to First Direct regarding the defaults they had recorded on my credit file but it appears that they passed this to Hillesden, so why on earth do Hillesden need to report back to their client, surely they would have given instruction to them when they passing on my letter?

Share this post


Link to post
Share on other sites

Hi All, I have just joined and i am hoping someone can help.

 

Next Directory have placed a default on my credit file. I have tried all possible ways to get them to remove it to the point, where they will now not correspond with me. Does anyone have any ideas of what can be done?

 

Many Thanks in advance.

Share this post


Link to post
Share on other sites

Just had an email from CreditExpert which states "Barclaycard have deleted the entry that you disputed "

 

one down eight still to go!

Share this post


Link to post
Share on other sites

Hi Coactum,

 

Can you give me the background to the Barclaycard issue?

Have they removed the default or other information and have Barclaycard written to you about it?

 

Cheers,

Bel

Share this post


Link to post
Share on other sites

I had a card with Morgan Stanley that was sold to Barclaycard who later recorded a default. Barclaycard then sold the account to Apex or to be more specific Apex believe that they have purchased a Goldfish account in my name. I deny any knowledge of ever having a Goldfish account and along the way Barclaycard withdrew their default however Apex have now added one.

 

I was advised of the change via CreditExpert.co.uk. Before signing up to their service read my other post.

 

Does that help you Belstarbomb?

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...