Any Advice gratefully received re. default removal

[rustydog]

My husband,myself and family are in a default hell and not wanting to sound abit of a thicky (?!) not quite sure how to apply all of the information within this forum to our particular situation. Would really appreciate all the help we can get!!

 

It all started in February 2006 when my husband switched his current bank account from the halifax to lloyds. Lloyds told him that they would request all sums owed such as overdraft etc from the halifax and they would pay them automatically. In the meantime, we had sold our house and moved into rented temporarily until we found a house to buy. We thought we had found a house and had mortgage approved but for reasons unrelated the purchase wasn't viable and we carried on looking for another property, which we had finally found a few weeks ago. We applied for mortgage again only to be told no chance as my husband has now got a default.

What had happened apparently is that the overdraft of around £520 to the halifax was never paid by lloyds and halifax had sent hubby letter stating that if it wasn't paid off by the 1st August his account would be defaulted. He rang the bank and arranged for payment to be made to halifax on 31st July (but obviously it takes a few days to clear). In the meantime he contacted Lloyds who said that they hadn;t paid the overdraft because Halifax had never requested it and they have put this in writing, which halifax are disputing saying that they did request it but lloyds never paid. On 9th August husband received letter from a DCA stating he was defaulted and the amount was £14, which we have found out was interest added (which we didn't know about) and husband settled this remaining amount with DCA.

 

We have requested halifax take off the default as the account is settled and it wasn't really our fault but rather fault lies between them and lloyds but they refuse so we have put in complaint but they say this takes 8 weeks (and in the meantime we are stuck in rented accomdation with no chance of relocation!) We have since sent them an S.A.R - (Subject Access Request) requesting original credit agreement and notice of default but didn't hear anything back so husband spent yet another day at the local branch and the asst mgr emailed complaints dept a copy of the SAR letter and also HQ at Trinity Road and asked them to send us an acknowledgment which they havent so husband rang them Friday to see what they were going to do about it, they have stated that it has been filed with the complaint and will be looked at within 8 weeks! When my husband stated that they couldn't do that and they had to supply us with the information we had requested within a certain time frame by law they told him he had his facts wrong and they wouldn't look at it until the 8 weeks was nearly up.

 

This is a pretty condensed version of events but it gives the general idea. We are absolutely desperate as we need to relocate (we have children to get into new schools etc) and we desperately need this ridiculous default removed so we can buy another house.

 

If anyone can give us some advice we would be very grateful as we really don't have any experience of this sort of thing.

 

Many thanks in advance

[Lizzy]

Hi Rustydog,

 

This is so awful for you and your family.

 

I think you should go straight for it now and send Surlybonds template letter with the notice attached. IT'S THE STICKY AT THE TOP OF THIS SECTION.

 

I would not bother going to see anyone at the branch as this is wasting time and getting you nowhere.

 

The bullet points to get it removed are

 

1. They never sent you the default notice in the 1st place. OR EVEN IF THEY DID........

2. The contract with Halifax has ended. It ended when it defaulted and also when you closed it. You never gave permission for them to show your information for 6 years.

 

This letter and notice gives them 21 days to remove the information. Send it recorded delivery £1.

 

If it was a joint account change the I to we and my to our etc because you will need it removing from BOTH FILES.

 

Then sit back and wait, if nothing issue court proceeding. You have really done nothing wrong.

 

Be brave, I have received money back from Halifax bank charges, Birmingham Midshires (also part of Halifax) and had defaults removed from Brimingham Midshires.

My default removal after sending THAT FANTASTIC LETTER and notice was 9 days.

No need to add anything to that letter (who did/said what, when and where) just go for it.

 

Keep us updated I will be watching your thread. Good luck

 

Lizzy

[rustydog]

Hi Lizzy

Thanks for that. I am going to send the letter tomorrow - cross fingers.

Will let you know what happens.

 

Many thanks

[Lizzy]

I too had tried the reasonable route before. It got me nowhere either with Halifax or the credit ref agencies.

 

How dare they make you rent for 6 years when you want to buy, it makes my blood boil. This is well worth the effort. You will get lots of support here. I'm sure you feel better now (empowered) just knowing you CAN AND WILL do something about it.

 

Lizzy

[rustydog]

Hi Lizzy

That is so true! When we sold our house to go into rented so that it put us in a stronger position as buyers, the thought of not being able to get a mortgage and not owning our own home would have been my worst nightmare! When it became reality, I honestly thought the bottom of my world had dropped out and have been really low with it.

Just knowing that you don't have to take this crap and there is something you can actively do is a great help! Since discovering this site and spending hours just reading through all the threads, hubby says i'm now like a 'terrier with a rag' haha!

Well, hopefully we too may be able to get this default removed and get on with our lives, then I fully intend to go after them for all the bank charges they've charged my husband over the years too!!!!

It must have been a great relief when they removed your default - I suppose you must feel like you have got your life back!!

[SurlyBonds]

The bullet points to get it removed are

 

1. They never sent you the default notice in the 1st place. OR EVEN IF THEY DID........

2. The contract with Halifax has ended. It ended when it defaulted and also when you closed it. You never gave permission for them to show your information for 6 years.

 

 

2. Doesn't matter who closed it ... you or them ... or whether it was closed by default or not... if a contract's finished, it's finished.

 

Also, Experian have now admitted that their right to hold default entries should be dependant on what the specific terms of the contract said.

 

 

QED.

[Lizzy]

Lovely to see the document, have you framed it SurlyBonds.....needs a gold frame I feel and pride of place.

There you go Rustydog what more can be said. This man is really a terrier with a rag.

 

Lizzy

[Tobes]

Surly, in the Orange Terms quote, it says they'll keep your info for a 'reasonable' period after the contract ends - is that not significant?

 

 

btw, have you by any chance included the letters that you've written to Experian in any threads?

[SurlyBonds]

Surly, in the Orange Terms quote, it says they'll keep your info for a 'reasonable' period after the contract ends - is that not significant?

 

 

btw, have you by any chance included the letters that you've written to Experian in any threads?

 

Those are the CURRENT terms in Orange's contract... they were not the ones in mine or my mate's contract from 3 years ago...that's why I keep saying to people....CHECK.

 

Orange changed them after I kicked up hell with Experian...

 

Last email which preceded this response is posted in the hard copy post above.

[Tobes]

Ahh ok, that's a point, it's just I get confused with how contracts can be changed-don't banks regularly change terms and conditions, sending them out every so often and writing to you if they 'could affect you dtrimentally' or whatever...Or that may be when they change their personal banking terms and conditions which are referred to in the contract...not too clear on that point...

 

As to contracts, I am not sure how many I've kept!! Would it be up to me to provide them to prove that they have no such clause or would the CRA/Bank etc have to prove it

[SurlyBonds]

Ahh ok, that's a point, it's just I get confused with how contracts can be changed-don't banks regularly change terms and conditions, sending them out every so often and writing to you if they 'could affect you dtrimentally' or whatever...Or that may be when they change their personal banking terms and conditions which are referred to in the contract...not too clear on that point...

 

As to contracts, I am not sure how many I've kept!! Would it be up to me to provide them to prove that they have no such clause or would the CRA/Bank etc have to prove it

 

And anyway, even their new terms say:

"We will keep your information for a reasonable period after your contract with us finished in case you decide to use our Services again and may contact you about our Services during this time"

 

Which means, in English:

1. We/Us/Orange will keep.....on OUR systems internally, NOT the CRAs, nor have we included the word disclose.

2. for a reasonable period after your contract with us has finished... unless you write to us to remove it

3. in case you decide to use our Services again... i.e. if you want to come back we can check internally if you were a good mug or a pain in the ar*e customer - so this data is ONLY being kept for internal checking and marketing only, we are not disclosing it to others.

4. and may contact you about our Services during this time...we might ring you up and badger you to come back.

 

These new clauses STILL do not specifically mention ANYTHING about disclosing data to the CRAs, so Experian's example here in the letter is actually a pi**-poor example to use.

 

This is, actually, a very badly written clause... maybe I ought to shut up posting these anomalies as they are obviously watching and learning themsleves.

[rustydog]

Right, have done the default letters as per Surlybonds template. That is going off recorded delivery this afternoon. Now I thought it would be a good idea to send the CRA's a letter requesting that they remove the default as it is in dispute.

 

Not quite sure how to word this letter. Is there a correct way this should be worded? Is there a template for this? Help!!

[Tobes]

It might be quicker to do it using one of their online forms AS WELL as a letter, but I think you have to have a credit report reference nujmber to use.

[rustydog]

It might be quicker to do it using one of their online forms AS WELL as a letter, but I think you have to have a credit report reference nujmber to use.

 

Hi Tobes

Is that on the credit report?

[Tobes]

yes, top right probably

[rustydog]

Right, ok, going to get on with that now.

Many thanks.

[Lizzy]

Right, have done the default letters as per Surlybonds template. That is going off recorded delivery this afternoon. Now I thought it would be a good idea to send the CRA's a letter requesting that they remove the default as it is in dispute.

 

Well may as well go all the way. Well done, 21 days and counting. Let us know what mail you get. How exciting, open that wine tonight and relax a bit ;-)

 

I do feel like I have got my life back. just can't wait to try it out. I/we have to be careful what we sign in future. Surly says to just cross out the bits you don't want and add in your own bit at the bottom that says FOR THE TERM OF THE CONTRACT. My trouble is I like to apply online and I will have to ask for a paper copy. A little price to pay really

[Tobes]

Thing is though they could see that and decide that they don't want to do busineses with you if you don't want to agree to all their terms, surely?

[Lizzy]

Doubt they would notice. Or if it was for a sofa or something like that they will want the business and probably won't care. It is mainly for that bit at the end FOR THE TERM OF THE CONTRACT, surely they can't grumble at that. Not asking for the moon there are we. Then again we all know about those job worths out there

[Tobes]

just a thought

[Lizzy]

Are you default free now Tobes ? Iv'e read your signature.

 

Lizzy

[Tobes]

Not yet but getting there!!

 

First thing I'm going to do when I get them all removed (all current contracts are '1's and perfect) is finally get a student bank account lol

[Guest katzcafe]

Right, have done the default letters as per Surlybonds template.

 

Where can I find this template, Please.

[Lizzy]

Here http://www.consumeractiongroup.co.uk/forum/legalities/24013-defaults-proposed-method-removal.html

[rustydog]

Well may as well go all the way. Well done, 21 days and counting. Let us know what mail you get. How exciting, open that wine tonight and relax a bit ;-)

 

I do feel like I have got my life back. just can't wait to try it out. I/we have to be careful what we sign in future. Surly says to just cross out the bits you don't want and add in your own bit at the bottom that says FOR THE TERM OF THE CONTRACT. My trouble is I like to apply online and I will have to ask for a paper copy. A little price to pay really

 

Haha! Maybe open the wine - don't know about relaxing though! Nervous wreck at the moment and no nails left!:o I'm very similar as in I like to do everything over the internet but after this I'm going to be very careful what agreements I enter into and what I sign my name to!

Will keep you posted! Congratulations on being default-free!!