halifax wont remove default.HELP

[Thepunisher2006]

after sending my lba to halifax {credit card side }they came back offering all my charges back all£490 of them but they wont remove my default off the credit agencies or any of the missed payments they have put on there Do i continue with court because there14 days are up and they wont remove default or will i have a problem in court because they have offered my full amount back:rolleyes: SOMEONE PLEASE HELP

[Springer]

I would recommend you read Jonni2bad's thread on his default. I must admit I know nothing about it, but he has LOADS on info on his thread!!

 

xox

[Thepunisher2006]

CHEERS 4 that problem is he lost his case on it after he put in a lot of hard work but i still need to know can i go to court and still try to claim intrest even though they have offerd me my charges:rolleyes:

[gizmo111]

CHEERS 4 that problem is he lost his case on it after he put in a lot of hard work but i still need to know can i go to court and still try to claim intrest even though they have offerd me my charges:rolleyes:

 

In which case as Jonni says on his thread you must insist that the default is removed before you accept the cheque for charges - not sure how you would word this - but Halifax are bound to be a bit smug on this at present.

[Thepunisher2006]

i spoke on the phone to halifax when i got the letter that i would accept this money if they would take of the default as well,they declined saying it was my own fault for going over my limit{well i woulndt have gone over if they hadnt put charges on} so i said i would not execpt this and i would continue with court action so what to do now

[gizmo111]

i spoke on the phone to halifax when i got the letter that i would accept this money if they would take of the default as well,they declined saying it was my own fault for going over my limit{well i woulndt have gone over if they hadnt put charges on} so i said i would not execpt this and i would continue with court action so what to do now

 

Don't know - perhaps cross ref on Jonni's thread and see if you get any help that way ?

[Thepunisher2006]

i am taking halifax to court and they have offered all my bank charges back , but they will not remove my default notice ,should i send the following letter as my responcen

Dear sirs

 

First I would like to thank you for the letter dated 11/11/1111 offering me all my charges back ,whilst I would have liked to have excepted this , I feel I cannot until you remove my default from the credit agencies files

I will now continue my claim in court, I would like to offer further explanation of my Particulars of Claim, part 5(d) - removal of prejudicial information passed to third parties and in particular, the removal of a default notice posted on my credit report.

 

Under section 14 of the Data Protection Act 1998, a Court has the authority to order the removal of inaccurate data. It is my belief that HBOS PLC entered details of this default solely due to the level of unlawful charges imposed on my bank account

Further, under section 13 of the Data Protection Act, it is possible to claim for compensation for failure to comply with the requirements of section 14. Whilst not part of my existing claim, I shall retain the right of further action under this clause in the future, should I see fit.

 

I will elucidate these points, where necessary, via the Allocation Questionnaire should you wish to proceed with a defence.

 

If you wish to settle this matter without further involvement by the Court, then please respond in writing to the above address stating your acceptance of my claim in full and without additional conditions. If the full amount is paid, by way of personal cheque, and the default notice is removed from my credit files, then I will write to the court and bring my action to an end.

 

 

Yours faithfully

 

[theauth0r]

I'm no expert but it looks good to me.

Im sure some of the 'more experienced' members will be able to assist.

Cheers & Good Luck

[bearo]

2 Threads merged, please stick to one per claim and per issue, thanks!

[bearo]

You need to be careful here, as you can see from Jonh's case although both defaults and charges went hand in hand the judge refused to entertain the issue of charges as it had been settled previously,

 

It looks like to stand any chance of winning a removal of a default and charges you need to bring both issues to the table at once....therefore do not accept a settlement in the case of charges if you want to deal with the issue of defaults with them too.

[Thepunisher2006]

cheers for that should i just send a letter to halifax sayinying i decline their offer unless they remove the default or just continue with mcol