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    • 1. who knows... 2. not the whole A/C vanishes from your file on the DN's 6th b'day ...already carefully explain this. 3.yes 4.already carefully explain this.
    • if i remember rightly, long ago in one of the first drafts of the old proposed gov't overhauls, there was a listing of recommended 'charges' that inc wrong reg = £20. some PPC's implemented such changes in advance. then later as it looked increasing likely the new code was never going to be implemented after it's 1st review and another set of codes was to be debated they all quietly revert back .......... dx
    • Potentially it may not even get sold on? Just the default left for 6 years then gone? but if it is sold on ill get a letter from the DCA which is the notice of assignment? Sorry what is the different between a default notice and a default cal marker? yes, i may try and work arrangements out with the OCs after the breathing space but I'll see my circumstances then thank you again for all your help and patience, I really appreciate it and apologies If i am too fast or repeating myself.
    • receiving a default NOTICE (forget simple default cal markers) does not mean it will get sold on... OC's very very rarely do court themselves.  if it does you would receive a Notice of Assignment from the debt buyer/DCA.  as for reduced payment if it remains with the OC and they issue a DN, no harm in trying but lets get all your ducks inline first. dx  
    • okay thanks do you know how long it will take for it to get to the DCA or could the OC try and issue a CCJ? even though it's unlikely also for example would the OC agree to a reduction and a small payment over a super lengthy period of time if agreed? Rather than go through chasing apologies again for all the questions, just trying to understand all the possible scenarios.  
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Five Defaults and Unfair Charges


Petecag
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Dear All,

 

Please see the following information:

 

Abbey National Bank Account - Defaulted on 15/12/06 - Charges of £901

Halifax Current Account - Defaulted on 09/04/05 - Charges of £272

Halifax Credit Card - Default removed - Charges of £745

Egg Credit Card - Defaulted on 07/07/05 - Charges of £120

Natwest Current Account - Defaulted on 05/11/05 - Charges of £288.85

Barclaycard - Defaulted on 08/11/06 - Charges of £300

 

I settled all of these debts in July 2007. I've calculated the unfair charges without any addition of interest.

 

My primary objective is to attempt to have the defaults removed and then to recover the unfair charges. I've read through a number of threads on the forum and I'm a bit confused about the best course of action I should take. I have prepared an initial Default notice request letter to send to each of these lenders but I'm unsure whether this is the best course of action.

 

Perhaps some people would be willing to share their experiences with these companies. Any advice or help would be very much appreciated.

 

Thanks, Peter

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Good plan. I think you should first collect as much information as possible about the charges. Calculate the charges with interest using spreadsheet available on CAG website. Than use standard approach with every former creditor. Preliminary letter asking to repay charges and remove default from CRA's, LBA, court action. Consider also reclaiming 'general damages' for defamation of character and ulawfull default entries in credit registries. Case law is on your side here. Though, probably it all would take very long tame.

--------------------------------------------------

Yorkshire Bank ~1200£ of charges reclaimed many moons ago, settled out of court

HSBC ~350£ of charges reclaimed many moons ago, settled out of court

HSBC ~4000£ flexiloan CCA request sent May 2009, 'sorry, we do not have your CCA' letter received June 2009, AccountInDispute letter sent.

HSBC ~9000£ CC CCA request sent May 2009, no response, AccountInDispute letter sent.

HSBC - preliminary letter for about 300£ of unfair charges plus interest sent May 2009, LBA sent June 2009, N1 POC and Schedule of charges submitted July 2009

Egg - CCA, SAR, "no more calls" letter, DMP offer sent July 2009. Got a DN from Egg - wont say a word on this one until court papers are received.

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  • 4 months later...

I'd appreciate it if someone could advise on the following issue.

 

I sent Barclaycard a Letter Before Action on 3rd November 2009. Barclaycard then wrote to me on 9th December 2009 agreeing to refund charges of £400.76 but stating that they had notified the agency responsible for the account and the balance would be amended accordingly.

 

I settled the debt in July 2007 so there is no outstanding balance. I was expecting to receive a cheque from the agency (HFO Services) but I haven't received anything and I've been unable to get through to them.

 

I'm unsure about what action to take now. I suspect this is a tactic by Barclaycard to distract my claim. Should I just go ahead and issue a court claim? Given that I sent the letter before action more than 4 months ago would I need to send a new letter before action?

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