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poochball

poochball -v- egg ***DEFAULT REMOVED***

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Hello,

 

I have been a bit of a busy pooch. I recently wrote to Hillesden Securites about a default they entered onto my account. This was for my Egg Credit Card. They are not able to provide a copy of my Original Default notice and so are removing the information off my Credit File.

 

I also requested a copy of my Credit Agreement and have a couple of queries which I hope can be answered: -

 

1) Hillesden have asked Egg for the agreement but if Egg don't have the original agreement they state they can supply a true copy of the agreement which will comply with section 78 of the CCA 1974.

 

2) What constitues a true copy of the agreement?

 

3) If a copy of the agreement is provided, should this agreement have my signature on it?

 

4) I imagine the agreement they send should have the APR and Interest at the time I took out the agreement?

 

Sorry for all the questions but I think that they are going to send me a dud.....


Completed:

Woolwich: Received £30

Intelligent Finance: Received £1100 after two years and approximately 20 letters, 6 pieces of hair and an eyeball.

Barclaycard: Received £90

HFC: Received £170

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Well,

 

The default was removed. DLC never provided an agreement but I continued to pay it like a good lad.

 

I settled the debt in January this year so I can kiss good bye to DLC now and live safe in the knowledge that I have paid it off.

 

I also asked for a letter to say thank you for payment and confirming it is settled.

 

One more now gone.


Completed:

Woolwich: Received £30

Intelligent Finance: Received £1100 after two years and approximately 20 letters, 6 pieces of hair and an eyeball.

Barclaycard: Received £90

HFC: Received £170

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Well done poochball, that must be a relief.

 

I notice htat no one answered you query above, presumably it's no longer required.

 

Do you want me to change your title (to WON, or parhaps "default removed")


Steven

 

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Aye, may as well change it to defualt removed as I didn't really win anything other than getting the default removed lol.

 

I didn't get a response so did a bit of research and decided on the action I should take.

 

The original post I made was Jan 2007 :D


Completed:

Woolwich: Received £30

Intelligent Finance: Received £1100 after two years and approximately 20 letters, 6 pieces of hair and an eyeball.

Barclaycard: Received £90

HFC: Received £170

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could you explain the process please: i have a current account that has received dafault notice. If a current account is not regulated by cca, then is an overdraft. if yes, does a defualt notice have to be issued...?

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NYC, im not sure how defaults work with current accounts or over drafts, but as far as im aware, the correct procedure for issueing a default is, they should first send you a letter informing you of their intention to file a default against you, within this letter, it will state the reason for the default and an action you could take to stop the process of being defaulted, such as pay £XX within 14 days to bring your account back into line. After this time passes, they can and do issue a default against you, again as far as im aware, you should get a copy of the default notice.

 

I might be wrong, but thats the way i see it :)

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could you explain the process please: i have a current account that has received dafault notice. If a current account is not regulated by cca, then is an overdraft. if yes, does a defualt notice have to be issued...?

 

When a customer first opens his account there will be formal documents to fill in, but I doubt a current account involves a Consumer Credit Agreement, as unlike a loan account it does not start out with a loan and may never involve lending or borrowing.

 

For all planned overdrafts, an arrangement form is sent to the customer detailing the interest rate, term, calling in, etc. This has to be signed then sent back to the bank manager. I have never heard of a customer requesting proof of a signed O/D agreement in order to ascertain the legal entitlement of a DN should he be unable to repay the O/D. But you could be the first.

 

There is little doubt that if a bank account is o/d and the debit is not repaid on demand, then a debt exists and is recognised by the courts. Those who have been thought the CCJ process can tell us, whether in court the judge ever required proof of agreed O/D arrangement, before enforcing the debt.


 

 

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