Dayglo's mission to get his life back!

[jb79]

The account I defaulted on never existed - says HSBC.

 

Where do I start???????

 

I have the aim of recalling charges, removing the default and now compensation for blighted credit history.

 

They are so far out on a limb that I don't know how to word the request, something along the lines of "what do you think you are doing" comes to mind.

[dayglo]

The account I defaulted on never existed - says HSBC.

 

Where do I start???????

 

I have the aim of recalling charges, removing the default and now compensation for blighted credit history.

 

They are so far out on a limb that I don't know how to word the request, something along the lines of "what do you think you are doing" comes to mind.

 

my advice? amend the template letter in here to your own circumstances, send it to the company secretary at their registerred address and then keep everyone informed in your own thread.

 

Have fun.

[jb79]

Definately will keep you informed. Have the Prelim ready to send and have included the fact that I have been forced to estimate the charges because they have not provided records.

 

I will raise the issue of the default when I have the letter stating that the account never existed, I feel that this is neccesary in case the records re-appear.

 

This beats the microfiche excuse by a mile!!!

[aardvark the lecturer]

Interesting conversation though regarding court timetables.

 

I filed on the "15th September", it was deemed served on the "21st September" (another six days!)

They have until 21st + 14 = 5th October to acknowledge.

although, the court say that they have a 5 day turnaround time for post. Which means even though I could request judgement on the 6th, an acknowledgement of service from Vodafone could in theory arrive on the final day and not be actioned until 12th October. So what starts off as 14 days, turns into an amazing 27 days? Is this right? I thought the additional 5 days that court adds onto the time between filing and issuing accounts for any postal issues?

 

Flipping heck, did that information come from the courts?

[dayglo]

yes, this was our friends at the county court. apparantly, I sounded confused on the phone so she has sent me some leaflets. aw 'aint that nice.

[aardvark the lecturer]

Such a helpful bunch......

[jimfishybob]

Don't suppose there's news on this?

[dayglo]

Hello there,

just news of sweaty palms and nervousness I'm afraid. Both NW and VF have until Thursday 19th to submit a defence...

[jimfishybob]

Keeping me bits crossed.

[dayglo]

There was a minor interesting point developed yesterday though regarding the issuing of default notices from Vodafone, who as we know, now claim that their 'airtime contracts' are not 'regulated products' under the CCA.

 

Well, are you aware of any other legislation that describes or defines 'Default Notices'? NO? Neither am I!

 

So - I telephoned CCCS and asked them the following question :-

 

Q "If a supplier claims that their product is not a 'regulated product' under the CCA, can they issue a default notice?"

 

A "No. There would be no point - the default notice is a specific notice, defined under the CCA that is a prelude to further action, if they have issued a default notice then by default (no irony intended) the product must be regulated under the CCA."

 

i.e. They can't have it both ways - either it IS covered within CCA and the default notices are legitimate or it ISN'T covered and they're not.

 

I'm not sure this is the full story on this yet, but I sent the same question to Vodafone (who have since admitted they cannot locate a certified copy of my contract).

 

I think there may have been something in 1993 regarding 'contract, consumer defaults or something' must go look...

 

(Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1993).

oh and by the way, in keeping with the whole theme of 'getting my life back' this now includes getting fitter and healthier (as well as wealthier!) - so I joined a gym for the first time in my life last night, my legs are killing me this morning.

[dayglo]

The Consumer Credit (Enforcement, Default and Termination Notices) (Amendment) Regulations 2004, laid under the Consumer Credit Act 1974; (3237)

 

This means they are regulations UNDER the CCA. So VF can't say they apply but CCA doesn't.

[milant123]

Dayglo, I just wanna say good luck with you claim, i've been watching like a hawk!!

 

I'm at the stage of going to issue N1 form but struggling with what to write in particular boxes:

 

Breif Details of Claim

erm er

 

Value:

(i'm only claiming for the default to get the removed) + my £150 Court fee

 

Particulars of Claim.

 

 

 

any chance of some help plz?

[dayglo]

pm me with your e-mail address and I will help by sending you a scan of my completed forms.

[aardvark the lecturer]

The Consumer Credit (Enforcement, Default and Termination Notices) (Amendment) Regulations 2004, laid under the Consumer Credit Act 1974; (3237)

 

This means they are regulations UNDER the CCA. So VF can't say they apply but CCA doesn't.

 

That's pretty much game over then isn't it?

 

• on the one hand they've issued a default they aren't allowed to as they aren't a 'regulated product'

• on the other, they've issued a default on an account they can't prove exists because they have no original agreement

:grin: :grin: :grin:

[jimfishybob]

I think we need to be careful about the term 'default notice'

 

Section 87 lays down the requirements for a default notice and what exactly it allows a creditor to do. None of the allowances listed involves reporting the default notice to a CRA and therefore knackering your life for the next 6 years.

 

This could be construed 2 ways. Either:-

 

They have no right to register the default notice in the first place as only a court can decide whether your ability to obtain credit should be restricted. (unlikely).

 

Or

 

A 'default notice' and a 'CRA default' are 2 seperate entities which just happen to have the same nomenclature. Therefore it could be argued that there is no need to supply a default notice in order to place a default on your file. The only reason they would need to supply such a notice would be to pursue the avenues laid down in section 87, (including passing the debt onto a DCA).

 

Worth discussing?

[Tobes]

I'vehad these thoughts too but again it will have to be for a court to decide, we'll never agree with the companies without a lovely judge helping out

[dayglo]

Couldn't understand this bit:

 

 

 

So are they saying there are 2 types of default - now, where's my legal dictionary gone !

 

earlier in this thread, Wicket picked up on the reply from one of the CRAs as above.

 

I suspect this is the area in which that comment becomes relevant.

 

It must still be true that the 'default notice' issued must be defined somewhere, either in the CCA or in the TS & Cs of the contract agreed between the two parties.

 

In Vodafones case, CCA 'doesn't apply' and I've checked the Ts & Cs as of TODAY - and no mention is made anywhere regarding the issuing of default notices.

 

I'll try to contact our friend at Experian and see what he has to say.

[dayglo]

Just heard from the court - Vodafone HAVE filed a defence. Not seen a copy yet, very nervous now.

[aardvark the lecturer]

Time to start thinking about that court bundle and AQ then I fear, have you sent surlybonds a link to this development? I'm sure his advice/experience would prove very comforting!!

[un1boy]

Where is Surly - he doesn't seem to have been posting much lately!!

[aardvark the lecturer]

I checked and he doesn't seem to have posted since 30th Sept. Perhaps on Holiday?

[dayglo]

don't worry, he's fine.

[un1boy]

don't worry, he's fine.

 

That's good to hear - what's the crack then, is he still around on the forum and coming back?

[dayglo]

 

Dear Dayglo,

 

re: Dayglo -v- National Westminster Bank Plc (the "Bank")

 

The above claim has been passed to the group litigation section of the Royal Bank of Scotland Group. Would you please address all future correspondence in this matter to this address.

 

I confirm that the bank has removed any default notices it has registered on your credit file and I enclose a cheque in the sum of £150 in respect of the court fee. This sum is paid in full and final settlement of your claim. Your claim has therefore been satisfied in full. Please therefore confirm that you have now formally discontinued your claim with the court.

 

Your sincerly

 

Xxx Xxxxx

 

 

well hows about that then boys and girls?

 

don't worry though - I won't go letting them off the hook that easily, especially as Equifax and Experian say the info is still on my file presently.

[Neo]

Sweet!

 

Now was the credit record in Default or was it a satisfied Default?

 

Also sometimes the CRAs can take a few days to updae their records. Very strange..

 

Well done and keep us informed!