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    • If you are buying a used car – you need to read this survival guide.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Default Removal – Ford V HFC


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I'm sure they can't search your credit file without your signed permission can they?

 

neither do I consent is required for that

 

Could they claim it was part of the 'investigation' into your complaint?

 

 

they might do but then consent is still required for that as well:D

 

sent our friends experian this over it

 

Why was my file searched by HFC BANK LIMITED on the 5/10/06? I have not given them any permission to search my file. This is a direct breach of the Data Protection Act.

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don't forget the new ruling from the Information Commissioners Office though. Consent is only one of 6 criteria that has to exist for processing to be allowed. Schedule 2 Section 6, "legitimate use" could be said to apply if it applies to the practice of processing non-public adverse default data then it's the same argument in terms of searches. Interestingly though, non of the CRAs currently believe this ruling from the Information Commissioners Office would hold up to legal scrutiny and that's what we're waiting for.

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  • 2 weeks later...

Well had a reply of them what a load of S*** time for court

Further to our recent correspondence, we have been contacted by HFC Bank plc (entry C2) who have advised us that they are unable to amend/delete the account in question at the current time.

The company concerned has requested that you contact them directly regarding this matter. You may wish to include with your correspondence any documentation to support your comments.

Unfortunately Experian is unable to amend this information without the authorisation of the company in question.

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right trying to get the N1 claim form done how does this look

 

The Claimant signed a civil contract with the defendant on 29th July 1997 until 20th December 2005 in which it was agreed that the disclosure of personal data in relation to the contract would extend only to such times as the conclusion of the contract.

 

During this period the defendant filed an alleged default against the claimant showing a default date of 31st November 2005 in breach of the Consumer Credit Act 1974 sections 87 and 88 of THE ACT on the claimant’s credit reference files.

 

When challenged to provide a true and certified copy of the alleged default notice the defendant supplied an example copy of the alleged default notice which defendant states was served on the 13th May 2003.

 

It is the Claimants contention that if this was the default notice that was sent on the 13th May 2003 they are also in breach of section 88 and 89 of the Consumer Credit Act 1974.

 

This has breached the Claimant’s rights under the Consumer Credit Act and under the fourth principle of the Data Protection Act Personal data shall be accurate and, where necessary, kept up to date.

 

Furthermore, the Claimant served a statutory notice under sections 10 and 12 of the Data Protection Act on the 30th August 2006; again the defendant refuses to acknowledge the notice and is in breached of the claimant’s rights under the Act.

 

Personal Information has been provided to third parties by the defendant, who is unable to establish any contractual or legal right to provide this personal information to third parties.

 

The defendant is in breach of The Data Protection Act 1998 and The Consumer Credit Act 1974

 

At no time did the Claimant grant permission, either expressly or implied, for the defendant to abitrarily extend that permission to store, process or disclose inaccurate personal data beyond the cessation date of the contract.

 

It is the Claimant's contention that the defendant’s perceived right to abitrarily chooses to extend the length of that contract without the Claimant's knowledge or agreement would be unlawful and unenforceable under the provisions of the Unfair Terms in Consumer Contracts Regulations (1999).

 

The defendant has failed to provide the Claimant with any evidence to prove agreement to such terms in perpetuity, and it is therefore the Claimant's contention that the defendant is in breach of both the contract itself, the Consumer Credit Act 1974 and the Data Protection Act 1998, by the defendant's continued disclosure of personal data.

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It is the Claimants contention that if this was the default notice that was sent on the 13th May 2003 they are also in breach of section 88 and 89 of the Consumer Credit Act 1974.

How are they in breach if this was the default notice? Does the example copy not have your correct details on it?

HSBC

7th October 2006 - Prelim for £3078

24th October - LBA

7th November - Claim filed

11th November - Acknowledged with intent to defend

11th December - Defence filed

16th December 2006 - Offered full amount but no default removal. Rejection letter sent.

 

Halifax

7th October 2006 - Prelim for £3427

24th October - LBA

3rd November - Offered £913

3rd November - Accepted as partial payment

7th November - Claim issued

21st November - Acknowledged with intent to defend

11th December - Offered full amount but no late payment removal

4th January - SETTLED + removed adverse credit info

 

A & L

19th October - Prelim for £540

26th October - Offered £358

2nd November - Accepted as partial payment and LBA

27th November - SETTLED + removed adverse credit info

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this is what they reckon they sent in may 2003

 

 

Dear Mr

 

Account Number:

 

This letter is to advise you of our intention to file a notice that you have defaulted on your contractual obligations to make repayments under your credit agreement with us (a notice of default) with one or more Credit Reference Agencies in 60 days from the date of this letter. The filing of such a notice of default can be avoided by the payment of at least 50% of your contractual payment of £0.10 within 1 month from the date of this letter and regularly every month thereafter. Failure to make such payment, or any subsequent payments, will result in notice of default being filed with one or more Credit Reference Agencies.

 

Please note that if you have an existing arrangement with HFC Bank Ltd to make lower or less frequent payments than that detailed above we WILL file a notice of default as above.

 

However, if you are able to increase your payment to at least 50% of your contractual repayment and pay on a monthly basis as detailed above we will not file a notice of default.

 

If you already have an arrangement with HFC Bank Ltd to make higher payments than 50% of your contractual repayment, it is essential that you continue to make these higher payments on a monthly basis, to avoid a notice of default being filed in the future.

 

Credit Reference Agencies are organisations, licensed under the Consumer Credit Act 1974, which hold information about individuals, which is of relevance to and is used by lenders in making credit decisions. Having a notice of default registered at the Credit Reference Agencies may affect your ability to obtain credit in the future.

Not in the correct format and if they did send this at the time i was making the required payments to them as stated in the default notice

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The Claimant signed a civil contract with the defendant on 29th July 1997 until 20th December 2005 in which it was agreed that the disclosure of personal data in relation to the contract would extend only to such times as the conclusion of the contract.

 

Does it actually say this? What does the contract say? Does it say how long or give any indication as to how long they would process your data, and does it give you any reasons for how/when/why they will process your data?

During this period the defendant filed an alleged default against the claimant showing a default date of 31st November 2005 in breach of the Consumer Credit Act 1974 sections 87 and 88 of THE ACT on the claimant’s credit reference files.

 

When challenged to provide a true and certified copy of the alleged default notice the defendant supplied an example copy of the alleged default notice which defendant states was served on the 13th May 2003.

 

It is the Claimants contention that if this was the default notice that was sent on the 13th May 2003 they are also in breach of section 88 and 89 of the Consumer Credit Act 1974.

 

This has breached the Claimant’s rights under the Consumer Credit Act and under the fourth principle of the Data Protection Act which states that “Personal data shall be accurate and, where necessary, kept up to date.”

 

Furthermore, the Claimant served a statutory notice under sections 10 and 12 of the Data Protection Act on the 30th August 2006; again the defendant refuses to acknowledge the notice and is in breached of the claimant’s rights under the Act.

 

Personal Information has been provided to third parties by the defendant, who is unable to establish any contractual or legal right to provide this personal information to third parties.

 

The defendant is in breach of The Data Protection Act 1998 and The Consumer Credit Act 1974

 

At no time did the Claimant grant permission, either expressly or implied, for the defendant to abitrarily extend that permission to store, process or disclose inaccurate personal data beyond the cessation date of the contract.

 

It is the Claimant's contention that the defendant’s perceived right to abitrarily chooses to extend the length of that contract without the Claimant's knowledge or agreement would be unlawful and unenforceable under the provisions of the Unfair Terms in Consumer Contracts Regulations (1999).

 

The defendant has failed to provide the Claimant with any evidence to prove agreement to such terms in perpetuity, and it is therefore the Claimant's contention that the defendant is in breach of both the contract itself, the Consumer Credit Act 1974 and the Data Protection Act 1998, by the defendant's continued disclosure of personal data.

 

The claimant seeks xxxxxxxxxxxxxxxx (put what you are seeking)

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Does it actually say this? What does the contract say? Does it say how long or give any indication a to how long they would process your data, and does it give you any reasons for how/when/why they will process your data?

 

 

now this is a hard one they gave me a 0% Interest loan to settle it lol on the 20th

up's miss read will read contract

 

 

The claimant seeks xxxxxxxxxxxxxxxx (put what you are seeking)

 

removal of default(this a yes) and destruction of data?

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now this is a hard one they gave me a 0% Interest loan to settle it lol on the 20th

up's miss read will at contract

:confused:

 

removal of data (this a yes) and destruction of data?

 

The claimant seeks the removal of the default and the cessation of the disclosure of any personal data to any third party including, but not restricted to, Equifax plc, Experian Ltd and Callcredit plc

 

You have be specific. :)

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Does it actually say this? What does the contract say? Does it say how long or give any indication as to how long they would process your data, and does it give you any reasons for how/when/why they will process your data?

 

Found this clause in agreement and that’s it

 

 

I/We understand that you may register information about me/us and the conduct of my/our account with a licensed credit reference agency and that information thus registered may be used to help make credit decisions, for fraud prevention or tracing debtors. I/WE also understand that information about me/us and the account may be used by you and other companies in or associated with the Bank’s group for the marketing of credit or other products to me/us or for the administration of the insurance cover referred to above

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Found this clause in agreement and that’s it

 

 

I/We understand that you may register information about me/us and the conduct of my/our account with a licensed credit reference agency and that information thus registered may be used to help make credit decisions, for fraud prevention or tracing debtors. I/WE also understand that information about me/us and the account may be used by you and other companies in or associated with the Bank’s group for the marketing of credit or other products to me/us or for the administration of the insurance cover referred to above

 

So it says noting about how long or why your data will be processed?

 

Just for the record, this is what Experian state in their document entitled "Data Protection Act 1988 – A simplified guide to assist businesses holding personal information on customers, suppliers, directors, shareholders or others

Consent, also, must be ‘specific’ and ‘informed’. This means it has to be relevant to all the uses registered, including the type of information to be held, the purposes of the processing, the type of people who may be given access to it and the length of time that it might be on file (which can be ‘indefinitely’). If the processing to which the consent relates is intended to continue indefinitely or after the end of the trading relationship, then the consent should make that clear.”

You can find that document here. Page 6.

 

 

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ye all ready read that;-) so shall i leave it in? all ready stored for printing if it goes to court:grin:

 

in which it was agreed that the disclosure of personal data in relation to the contract would extend only to such times as the conclusion of the contract.

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ye all ready read that;-) so shall i leave it in? all ready stored for printing if it goes to court:grin:

 

in which it was agreed that the disclosure of personal data in relation to the contract would extend only to such times as the conclusion of the contract.

 

You can't say it was agreed. Because it wasn't.

 

Say something like "It is the claimants contention that any consent and disclosure of personal data in relation to the contract would extend only to such times as the conclusion of the contract"

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sent this to experian today lets see what they have to say now

 

Yes I am now in receipt of your letter and frankly disgusted with it.

 

For your information I have been trying to contact HFC over this matter and

they refuse to discuss it.

 

The default that you are showing on my files of 31st November 2005 is in

breach of the Consumer Credit Act 1974 sections 87 and 88 of THE ACT. As no

DEFAULT NOTICE WAS SERVED.

 

This loan (C2) was replaced by item C1

 

 

I am now in possession of an example Default Notice from HFC, which they

state was sent to me on the 15th May 2003.

 

It is my contention that if this was the default notice that was sent on the

15th May 2003 they are also in breach of sections 88 and 89 of the Consumer

Credit Act 1974.

 

This has breached my rights under the Consumer Credit Act 1974 and under the

fourth principle of the Data Protection Act 1998 which states Personal data

shall be accurate and, where necessary, kept up to date.

 

I now must insist that this information be removed from my files.

 

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Just checked my Credit file came across this in it the B******s.

 

 

05/10/2006 Searched by:HFC BANK LIMITEDApplication type:Unrecorded Enquir

 

just checked credit file again this entry as now gone still waiting for a response has to why it was their in the first place

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well finaly got a reply to SB letter :mad:

 

I am writing further to our letter dated 31 August, from Mr C J Rivers. The details of your complaint have now been referred to me in accordance with the complaint handling procedure of HFC Bank Ltd.

 

Having given careful consideration to all of the information available I write to advise that I am unable to uphold your complaint and have summarised below the basis on which I have made this decision.

 

I am aware that your complaint is regarding information recorded on your credit file by HFC Bank, in relation to the above account. You have advised that as the contract has now ended, therefore, we should not be processing, storing or disclosing any information regarding the account to third parties. In addition you have advised that you did not receive a notice of default and if we cannot provide a true copy of this notice, then you consider any entry of a default is unwarranted.

 

Having reviewed the above account and your correspondence, I confirm due to your financial circumstances and the overdue payments an the above account, we offered to assist you by offering a Collections Renewal account, which was opened in December 2005. the account (**********) was opened with a balance of £*****, which was the discount amount we agreed to accept for the account number *******. Your renewal account was opened on interest free, with an affordable monthly payment of £****. Although this new account was opened, the information recorded on your credit file for account number ******** would remain.

 

In relation to your Credit File, may I take this opportunity to advise you that as HFC Bank subscribes to the Banking Code of Practice, we are obliged to report the true reflection of your payment history to the Credit Reference Agencies. A letter of default was issued to you on the 15 May 2003, which would have informed you of our intention to file a notice of default on your Credit File within 60 days from the date of our letter. The letter also advised that the default could be avoided if a payment of at least 50% of your contractual monthly payment was received one month from the date of the letter and regularly every month thereafter. Failure to make such payment, or subsequent payments, would result in a notice of default being filed. An outgoing telephone call was made on 24 may 2003, at which point Mrs **** was aware of the impending default, however, could not offer payment at that time as she was awaiting for family tax credit.

 

A payment arrangement was reached on the 5 June 2003 for a payment of £112 per month to commence from 30 June and each month thereafter. The payment arrangement was maintained, with only occasional monthly payments not being fulfilled.

 

In 2005, payments became more irregular, with no payment being received in April, June and September and only part payment in October. As you were in breach of the terms and conditions of your account and payments had not been maintained as arranged, the default notice was registered on the 31 October 2005. Defaulted accounts remain on your Credit File for six years from the date the default notice is registered. This is in line with the Data Protection Act and is automatically removed once the six years have expired.

 

I note you have stated that you require a true copy of the default notice, however, as this letter is automated we do not retain copies of this letter. This was confirmed in our letter dated 24 August 2006 and an example of the default letter was enclosed.

 

In summary, I do not feel that HFC Bank have acted inappropriately or breached the Data Protection Act 1998. The Information that has been reported on your Credit File is accurate and does not fall within Section 10(1) of the Data Protection Act 1998 and we do not believe that any unwarranted damage or distress has been caused. We are unable to remove this information as it show a true reflection of how the account was maintained.

 

I realise that this may not be the response that you were hoping for but it does nevertheless bring an end to the steps available to you through our internal complaint handling procedure, as this letter constitutes our final response.

 

In closing, I am required to add that if you remain dissatisfied and wish to take this matter further you can contact Financial Ombudsman Service.

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Firstly, your name is in the first line, don't know if you want to remove, just incase the MIB are watching or whatever....

 

Secondl - bloody Financial Ombusman? You mean "What's the Point of them".

 

Court matey, Court.....

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

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Firstly, your name is in the first line, don't know if you want to remove, just incase the MIB are watching or whatever....

 

Secondl - bloody Financial Ombusman? You mean "What's the Point of them".

 

Court matey, Court.....

 

:grin: not my name thats HFC Company Secretary

 

ye i know it is time for court might just send them a letter before action first

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Oh, sorry mate!! :-/

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

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Drafted this letter back to them any suggestions

 

LETTER BEFORE ACTION

 

Dear Sir,

 

Reference Account Number: *********

 

Thank you for your letter dated 30th October 2006. I am very disappointed that you have failed to respond positively to our letter of the 29th August 2006.

 

We would draw your attention to the terms of the contract which you agreed to at the time that we opened our account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

You state in your letter that the default notice was sent to us on the 15th May 2003. If this is the case it is our contention that the example default notice that you have supplied is in Breach of the Consumer Credit Act 1974 section 88 for convince I have reproduced this section for you.

 

88 Contents and effect of default notice

 

(1) The default notice must be in the prescribed form and specify—

 

(a) the nature of the alleged breach;

 

(b) if the breach is capable of remedy, what action is required to remedy it and the date before which that action is to be taken;

 

© if the breach is not capable of remedy, the sum (if any) required to be paid as compensation for the breach, and the date before which it is to be paid.

 

 

(2) A date specified under subsection (1) must not be less than seven days after the date of service of the default notice, and the creditor or owner shall not take action such as is mentioned in section 87(1) before the date so specified or (if no requirement is made under subsection (1)) before those seven days have elapsed.

 

(3) The default notice must not treat as a breach failure to comply with a provision of the agreement which becomes operative only on breach of some other provision, but if the breach of that other provision is not duly remedied or compensation demanded under subsection (1) is not duly paid, or (where no requirement is made under subsection (1)) if the seven days mentioned in subsection (2) have elapsed, the creditor or owner may treat the failure as a breach and section 87(1) shall not apply to it.

 

(4) The default notice must contain information in the prescribed terms about the consequences of failure to comply with it.

 

(5) A default notice making a requirement under subsection (1) may include a provision for the taking of action such as is mentioned in section 87(1) at any time after the restriction imposed by subsection (2) will cease, together with a statement that the provision will be ineffective if the breach is duly remedied or the compensation duly paid.

 

This example copy that you have supplied is not in the correct format or contains any of the required information, from the Office of Fair Trading own Matters Arising during the lifetime of the agreement, Consumer Credit Act 1974 see enc of the relevant section of this paper.

 

You also state that it was a requirement of this said notice that we make 50% of our monthly payments to you. If this is the case HFC Bank are also in breach of the Consumer Credit Act 1974 section 89 for convince I have reproduced this section for you. At this time we where already making the required payments in lines with the agreement we had in place.

 

89 Compliance with default notice

 

If before the date specified for that purpose in the default notice the debtor or hirer takes the action specified under section 88(1)(b) or © the breach shall be treated as not having occurred.

 

Section 89 of THE ACT clearly states that compliance with the notice shall be treated as not having occurred.

 

Yet on the 31st October 2005 you filed a Default Notice on our Credit Reference Files, this has breached our rights under section 87 of THE ACT again I will reproduce this section for you.

 

87 Need for default notice

 

(1) Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,—

 

(a) to terminate the agreement, or

 

(b) to demand earlier payment of any sum, or

 

© to recover possession of any goods or land, or

 

(d) to treat any right conferred on the debtor or hirer by the agreement as terminated, restricted or deferred, or

 

(e) to enforce any security.

 

 

(2) Subsection (1) does not prevent the creditor from treating the right to draw upon any credit as restricted or deferred, and taking such steps as may be necessary to make the restriction or deferment effective.

 

(3) The doing of an act by which a floating charge becomes fixed is not enforcement of a security.

 

(4) Regulations may provide that subsection (1) is not to apply to agreements described by the regulations.

 

With reference to your letter you state that in December 2005 you wrote to us offering to rewrite this outstanding debt on a lower repayment which we duly accepted and the new loan commenced on the 20th December 2005 that was your choice.

 

We are frankly shocked that you have operated our account in this way as we had always reposed confidence in your integrity and expertise as my fiduciary.

 

We require the removal of the default from our Credit Reference Files. If you do not comply fully within 14 days then we shall begin court proceedings against you without further notice.

 

 

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Great lette,r just a few little bits and bobs (soz to be so pedantic) they are all in bold, with "corrections" or whatever next to them...

 

LETTER BEFORE ACTION

 

Dear Sir,

 

 

Reference Account Number: *********

 

Thank you for your letter dated 30th October 2006. I am very disappointed that you have failed to respond positively to our letter of the 29th August 2006.

 

We would draw your attention to the terms of the contract which you agreed to at the time that we opened our account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

You state in your letter that the default notice was sent to us on the 15th May 2003. If this is the case it is our contention that the example default notice that you have supplied is in Breach of the Consumer Credit Act 1974 section 88 for convince (convenience) I have reproduced this section for you.

 

88 Contents and effect of default notice

 

(1) The default notice must be in the prescribed form and specify—

 

(a) the nature of the alleged breach;

 

(b) if the breach is capable of remedy, what action is required to remedy it and the date before which that action is to be taken;

 

© if the breach is not capable of remedy, the sum (if any) required to be paid as compensation for the breach, and the date before which it is to be paid.

 

 

(2) A date specified under subsection (1) must not be less than seven days after the date of service of the default notice, and the creditor or owner shall not take action such as is mentioned in section 87(1) before the date so specified or (if no requirement is made under subsection (1)) before those seven days have elapsed.

 

(3) The default notice must not treat as a breach failure to comply with a provision of the agreement which becomes operative only on breach of some other provision, but if the breach of that other provision is not duly remedied or compensation demanded under subsection (1) is not duly paid, or (where no requirement is made under subsection (1)) if the seven days mentioned in subsection (2) have elapsed, the creditor or owner may treat the failure as a breach and section 87(1) shall not apply to it.

 

(4) The default notice must contain information in the prescribed terms about the consequences of failure to comply with it.

 

(5) A default notice making a requirement under subsection (1) may include a provision for the taking of action such as is mentioned in section 87(1) at any time after the restriction imposed by subsection (2) will cease, together with a statement that the provision will be ineffective if the breach is duly remedied or the compensation duly paid.

 

This example copy that you have supplied is not in the correct format or contains any of the required information, from the Office of Fair Trading own Matters Arising during the lifetime of the agreement, Consumer Credit Act 1974 see enc of the relevant section of this paper.

 

You also state that it was a requirement of this said notice that we make 50% of our monthly payments to you. If this is the case HFC Bank are also in breach of the Consumer Credit Act 1974 section 89 for convince I have reproduced this section for you. At this time we where already making the required payments in lines with the agreement we had in place.

 

89 Compliance with default notice

 

If before the date specified for that purpose in the default notice the debtor or hirer takes the action specified under section 88(1)(b) or © the breach shall be treated as not having occurred.

 

Section 89 of THE ACT clearly states that compliance with the notice shall be treated as not having occurred.

 

Yet on the 31st October 2005 you filed a Default Notice on our Credit Reference Files, this has breached our rights under section 87 of THE ACT again I will reproduce this section for you.

 

87 Need for default notice

 

(1) Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,—

 

(a) to terminate the agreement, or

 

(b) to demand earlier payment of any sum, or

 

© to recover possession of any goods or land, or

 

(d) to treat any right conferred on the debtor or hirer by the agreement as terminated, restricted or deferred, or

 

(e) to enforce any security.

 

 

(2) Subsection (1) does not prevent the creditor from treating the right to draw upon any credit as restricted or deferred, and taking such steps as may be necessary to make the restriction or deferment effective.

 

(3) The doing of an act by which a floating charge becomes fixed is not enforcement of a security.

 

(4) Regulations may provide that subsection (1) is not to apply to agreements described by the regulations.

 

With reference to your letter you state that in December 2005 you wrote to us offering to rewrite this outstanding debt on a lower repayment which we duly accepted and the new loan commenced on the 20th December 2005 that was your choice.

 

We are frankly shocked that you have operated our account in this way as we had always reposed confidence in your integrity and expertise as my fiduciary.

 

We require the removal of the default from our Credit Reference Files. If you do not comply fully within 14 days then we shall begin court proceedings against you without further notice

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My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

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Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

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