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My 'default', Barclays, and Surlybonds template...


justinp1
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Hi jutinp1,

 

Good luck with your removal. I am considering going down the same route myself, after trying to have the default removed through the charges route. I shall be following your thread with interest.

 

I hope you dont mind me posting with a quick question:

1. if you have been defaulted as a result of unlawful bank charges the most succesful route towards default removal is to include it as part of the bank charge claim (the template letters contain all you need to know)

If i fail to have the default removed arguing charges Will it affect a S.10 request to have it removed, if i went this route afterwards?

MikeA

__________________

HSBC A/C - WON! - £1,575 Charges, Stat Interest and default removed before court!

HSBC CC - WON! - £1,025 Charges, and Stat Interest refunded

ARGOS - WON! - £250 Charges & Contractual Interest

CREATION WON! - £180 Charges & Contractual Interest

BARCLAYCARD- Court Date Set - 09/10/2007

EGG - SAR Sent 22/12/06, ID Sent 05/01/07. No progress yet.

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what's going on? I just typed a response to this and then bang it disapeared :mad:

 

 

I'VE learned that lesson the hard way ----

what you do before you send your posting especially after you have spent a long time thinking and typing your responsE (SOMETIMES I HAVE BEEN THROWN OFF THE SITE AND FOUND OUT THE HARD WAY) is

 

HIGHLIGHT ALL OF THE TEXT --- BY MOVING YOUR MOUSE ALL OVER THE TEXT ( SO IT ALL GOES BLACK) ----- THEN PRESS CONTROL C (WHICH IS COPY) THEN IF YOU LOSE THE TEXT YOU CAN RE-PASTE IT ........

:cool: sunbathing in juan les pins de temps en temps

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I have just received notification in writing that Barclarycard are immediately removing the default that has been on my credit report history since 2002!

 

A nice gentleman from their Customer Relations Unit contacted me by phone and said that due to the fact that I had been deleted from their database he was happy to arrange for the removal.

 

I wrote in November 06, they did not reply.

I sent Surlybonds letter on the 8th Jan, they returned it because they couldn't find my account number. They sent a standard letter, they obviously hadn't read the letter.

I contacted them by phone, I got the strong impression that their team is under pressure, as they didn't put up much of an argument with me.

I left a message and received a phone call from their manager, who in all fairness was very nice and listened to me rather than talking down to me whilst I moaned on about the pressure this default has put on my and my family.

He confirmed that according to Barclaycard they are happy to remove the default after speaking to me (don't know what he means?), they were not able to produce a copy of the original contract or a default notice.

 

I now have this in writing and feel fantastic, big big thanks to Surlybonds and this website, I feel I have my life back literally.

 

Capital One can look out - it may not be so easy but I shall persist with this last default removal.

A very cheerful Botsy!

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Hi jutinp1,

 

Good luck with your removal. I am considering going down the same route myself, after trying to have the default removed through the charges route. I shall be following your thread with interest.

 

I hope you dont mind me posting with a quick question:

 

If i fail to have the default removed arguing charges Will it affect a S.10 request to have it removed, if i went this route afterwards?

 

MikeA

 

why do you expect to fail with removing default through the charges route?

 

If you did fail via that route, then that doesn't prevent you from having a go through the, harder to win route of S.10(1) notices.

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Hi dayglo,

 

The only reason i'm not certain of winning is detailed here - Default removal - Is this a reasonable argument?

 

I didn't have the full amount of charges on my Credit card, yet did have a huge amount on the funding account (my current account). I'm pursuing it down this route first but may rely on s.10

 

I only wondered, as i didn't want HSBC arguing that i have been trying various methods to get my default removed. Wasn't sure if this would look bad should i go to court.

 

Thanks

MikeA

__________________

HSBC A/C - WON! - £1,575 Charges, Stat Interest and default removed before court!

HSBC CC - WON! - £1,025 Charges, and Stat Interest refunded

ARGOS - WON! - £250 Charges & Contractual Interest

CREATION WON! - £180 Charges & Contractual Interest

BARCLAYCARD- Court Date Set - 09/10/2007

EGG - SAR Sent 22/12/06, ID Sent 05/01/07. No progress yet.

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Just to let you know that I have, using legal action, forced Capital One to remove a default of mine :D

 

Excellent! Well done! Was it from the use of the principles in the Surlybonds template?

 

Did it go to trial or did they cave in beforehand?

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  • 2 weeks later...
Just to let you know that I have, using legal action, forced Capital One to remove a default of mine :D

 

Oh jolly good stuff, I do like a bit of banker capitulation!!:D

 

The template has since been redone and is now much stronger, using case law.

 

Anyway, glad to see that we're getting some more positive 'wins' on this point and slowly making progress.

 

Well done chap.

  • Haha 1

I'm often a sarcastic SOB and speak my mind (and I don't do PC at all), but I have a laugh as I go. I won't be intimidated, and I don't take prisoners... so live with it, or go get yourself a humour implant :p

 

Copy of Law book from Amazon…£19.95, Refund Request stamp...32p, LBA stamp...also 32p, Court fees...£750.00,

The look on the bank's barrister's face, when they lost the '£25k Mother-of-all unfair charges' cases...(plus his £8k+ of costs)... Priceless!

 

The legal bit: These are my opinions and own view of legislation and process. I accept no liability whatsoever for any outcome as a result of anyone invoking any or all of the advice given - clarify your own personal stuation with an insured legal professional.

Saying that, I've used these methods against many of these corporate crooks:evil: and won hands down!:D

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Oh jolly good stuff, I do like a bit of banker capitulation!!:D

 

The template has since been redone and is now much stronger, using case law.

 

Anyway, glad to see that we're getting some more positive 'wins' on this point and slowly making progress.

 

Well done chap.

 

Hi Surlybonds,

 

Would appreciate a link to the case law with regard to this.

 

An update on my case is that Barclays have confirmed service and this have another 14 days to respond. They say they are intending to defend the case in its entirity, but as this was registered within 48 hours of service I am guessing they do this as a matter of policy to buy more time.

 

In the meantime, I did get a usual response from Customer Relations with a standard looking rebuttal from the Data Protection Team.

 

Interestingly also they provided their 'proof' that the default was correct. Of course it is nothing like what is reported in my credit record. The default is supposedly the sum of my graduate loan and current account.

 

The current account was close with a 'termination notice' which states it is served in accordance with 76(1) of the CCA - when I reference this this is the section it is entitled: 'Duty to give notice of termination (non-default cases)' !!!

 

Even more interestingly they gave no notice, no default, not even a termination for my loan, they just sent both accounts to the collection agency!!!

 

I am awaiting them to get back to me about the accuracy of the data...

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Oh jolly good stuff, I do like a bit of banker capitulation!!:D

 

The template has since been redone and is now much stronger, using case law.

 

Anyway, glad to see that we're getting some more positive 'wins' on this point and slowly making progress.

 

Well done chap.

 

Cheers :)

 

I also forced a DCA to do the same thing with another claim :)

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