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    • http://www.hadefpartners.com/News/333/Limitation-periods-in-the-United-Arab-Emirates   One of the key limitation periods to be aware of is the limitation period for a claim for breach of contract. We have been approached by many clients (including in-house counsel at large multinational and local companies, and even international law firms) who believe that the limitation period for a breach of contract (including a commercial contract) in the UAE is 15 years. What they are often not aware of is that the limitation period for commercial contracts (as set out in Federal Law 18 of 1993 (the “Commercial Code”)) is usually 10 years. Therefore, multi-million dollar claims dating back over more than 10 years may now be time-barred.   https://www.jstor.org/stable/3381662?seq=1#page_scan_tab_contents
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robbieg

Removal of default notices on credit record?

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If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

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sorry guys, a quick update, the original default will have been in 1995, and I missed a couple of payments on a payment plan with paragon in 2004/2005ish which arrow are trying to default me on, even though they didnt own the account then, please please advise my next course of action.

 

patch.........................

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Hi everyone,i am going through the same process i posted a thread in general debt but am stuck until i can be positive what to do next.not many replies so far,i issued 2 template letters asking to substanstiate there data or remove it Wescot never replied at all,MBNA sent a reply which didnt make sense.MBNA also have replied to SARS with a letter with £250 charges on,i followed the sites advice and requested full SARS which has never arrived.The Information Commissioners Office have said 1 of theses defaults is incorrect and if it has caused my business to suffer i can claim damages,which court forms do i need the form N1 recommended doesnt look the correct one.

MBNA non compliance of SARS, MBNA & WESCOT unable to substanstiate data,failure to remove it,failure to reply,damages to my business can anyone give me a definate plan of attack,i dont want to get anything wrong at this stage!!Reply or PM whichever is easier


MBNA £250 bank charges refunded.:lol:

MBNA claimed £2700 in PPI:lol:

MBNA default removed.

WESCOT balance written off no cca.

WESCOT default removed.

TIME RETAIL.default removed.

LLOYDS TSB.£150 charges refunded

MINT £220 charges refunded.

currently 4 in dispute unenforcible agreements.

HFOS ordered to remove default

YORKSHIRE paid token £200 PPI going now for full £600

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Hi guys,This is my first time posting and i saw this post and i need your guys help!!! I tryed your first letter and todayi got this response;

 

I regret that i am unable to provide you with a copy of thre original application in respect of the account

 

However, we are not legally obligated to do so. We are only required to provide a copy of the terms which were in effec t of the account being opened and the current terms. Copies of both these documents are enclosed.

 

Copies of your statements at the time of default are being sent to you under seperate cover and you should recieve these shoretly.

 

The £1 fee with your letter has been returned to your account.

 

A default notice was issued to you on 13 april 2004. default notices are produced by our computer system and we do not retain copies of them.

 

We are not legally obligated to retain a copy of the default notice and are only required to retain a record of it in our files.

 

It is a legal presumption that a letter properly addressed to the last know address on file is recieved in due course and this will apply to your default notice.

 

the debt was not sold on and no deed of assignment was issued.

 

 

 

What am i ment to do now? Help please!!

 

Oh and good luck everyone with all your claiming back!

 

I assume that you have already CCA'd them (along with the £1 postal order). If you haven't do so immediately. If you have send a letter similar to this

 

I refer to my letters dated .................... which was delivered via recorded delivery to your offices on ................. and my follow up letter dated ..........................

 

In my letter of ................................. I made a formal request for a copy of the signed, executed credit agreement for the above numbered account under section 77(1) and section 78(1) of the Consumer Credit Act. A statement of my account should also have been sent along with any other document mentioned in the credit agreement.

 

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, Your company commit an offence. These time limits expires (d) on .......................... and ............................... respectively.

 

As you are no doubt aware subsection (6) states:

 

If the creditor under an agreement fails to comply with subsection (1)

 

(a) He is not entitled, while the default continues, to enforce the agreement; and

(b) If the default continues for one month he commits an offence.

 

You have failed to provide me with a true copy of the original agreement and therefore as at ............................. this account became unenforceable at law and I now intend to refer this matter to the enforcement authorities.

 

Any default notices or adverse comments your company have recorded on my credit reference file should be immediately removed.

 

Additionally any monies I may have paid to your company should be returned to me forthwith.

 

Should you fail to respond favorably to this letter within seven (7) days of receipt I reserve the right to commence litigation against your company without further notice. In that event I will be asking for full disclosure from yourselves including production of the orignal signed agreement.

 

Please reply by return

Yours Faithfully

 

Alter it where you need to


You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

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I am currently trying to get Vodafone to remove a default they put against me in 2005. I had a 12 month contract and in the last few months I wasn't getting any service despite them continuing to take direct debits so after the 12 months I cancelled with them, and cancelled my direct debit. I didn't hear anything from them and was never served a default notice but they put a default against me for £66 which was 3 months of payments. I have sent them a very long letter outlining all the reasons why they should remove the default and asking for the original notice, I sent this on the 24th of April by recorded delivery so I knew they'd get it. So far I haven't heard anything back from them, if they don't provide me with the original default notice within a certain time do they have to remove the default?

I recently joined Creditexpert and have asked to add a notice of correction outlining the problem, they have contacted me to say they will be writing to Vodafone and contacting everyone who has searched my file in the last 6 months. Until they get a reply from Vodafone they are putting a notice saying that the info vodafone has supplied about me may not be correct. Has anyone else had any success when the credit file companies get involved? And does this notice actually make much of a difference when lenders search you?

 

Any ideas or suggestions would be welcomed!

 

Thanks

 

Kirsten

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I always thought notice of corrections were sold as a good thing but are really of no use to jo consumer and may infact be damaging. I also believe mobile phone companies are stating that they are not operating under the CCA .


Barclaycard Student credit card £400 partial refund received, S.A.R -

Open & Direct Finance- extortionate, cca to Rockwell debt collection they ran away, now with Bryan Carter, no cca 17/03/08 sent back to Open

Pugsley v Littlwoods, have not received the signed credit agreement only quoting reg of 1983

Pugsley v Fashion World JD williams, 17/03 2008 Debt Managers returning file to JD williams as they could not supply the credit agreement

Capital one MCOL Settled in full

Smile lba settled in full

advice is given informally and without liability and without prejudice.

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Well even if they do say they are not operating under the consumer credit act they would still have to supply the info via the data protection act as far as I am aware and while financial services ombudsman can't do anything I think I can forward it to the information commissioner's office. I had no probs getting a mortgage with the default as the underwriter actually looked at my record properly and dismissed the vodafone default. In what way can notices of correction be damaging? Not sure it can make mine much worse than the default.

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have you read Dayglo's thread regarding removing a default lodged by Vodaphone, it's a long read but invaluable.

http://www.consumeractiongroup.co.uk/forum/legalities/29293-dayglos-mission-get-his.html


Barclaycard Student credit card £400 partial refund received, S.A.R -

Open & Direct Finance- extortionate, cca to Rockwell debt collection they ran away, now with Bryan Carter, no cca 17/03/08 sent back to Open

Pugsley v Littlwoods, have not received the signed credit agreement only quoting reg of 1983

Pugsley v Fashion World JD williams, 17/03 2008 Debt Managers returning file to JD williams as they could not supply the credit agreement

Capital one MCOL Settled in full

Smile lba settled in full

advice is given informally and without liability and without prejudice.

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Barclaycard Student credit card £400 partial refund received, S.A.R -

Open & Direct Finance- extortionate, cca to Rockwell debt collection they ran away, now with Bryan Carter, no cca 17/03/08 sent back to Open

Pugsley v Littlwoods, have not received the signed credit agreement only quoting reg of 1983

Pugsley v Fashion World JD williams, 17/03 2008 Debt Managers returning file to JD williams as they could not supply the credit agreement

Capital one MCOL Settled in full

Smile lba settled in full

advice is given informally and without liability and without prejudice.

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Thanks for that, I'm new to the site and didn't realise so many other people were having problems with Vodafone.

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Hi all,

 

I have two Defaults on my credit file, one from Citi and another from Cap 1. Both of which were issued 4 or so years ago according to my experian credit file.

 

I cant remember receiving the 'default' documentation or if I signed anything but I do remember being contacted via telephone by DCA on their behalves. If i send them both this letter requesting the information and they are able to provide me with it - could it cause me any further problems?

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Patsy, do you have charges to claim back on your Capital One account. If you do, apply for default removal at the same time, they seem to be regularly removing default notices now when they are attached to a claim for charges.

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Hi there,

 

Came here because HBoS have just served me with a default notice for £155.69. The wording seems to be in order - but it is not signed by anyone. (I am STILL waiting for my complete statements from HBoS - see:

 

dusary v HBoS)

Wonder what happens next. They want the £155.69 before 6th June 2007. And I think I am right in saying that the £155.69 was a bounced SO or DDebit - for which, yes, HBoS charged me £39.00.


Dummie's Guide to CAG: http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

Me v BofS: Charges: £13,048.10 #2a/c Statements from 08/01/01 received. Charges:£5,156.39 Information Commissioner's Office informed June 12th who wrote to BoS, June 22nd for non-compliance. #1a/c: passed to BoS Senior Review Team. Discovered 2 further a/cs, and 3 Loan accounts. "Goodwill offer" of £7,424.23 06/07/07. Accepted (partial repayment). 20/07/07 Top-up payments of £2,558.10 & £1,154.00

£11,136.33 paid back thus far.

New claim issued: 9/07/2007 for 3rd account: £500+ PRESSING ON!

Don't forget - when you win - a donation to CAG would be welcome!

If anything I've said has remotely been of any assistance, then please tip my scales!

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I dont get it.

 

How can a default be added to a credit file if there is no debt owed to the bank?

 

Maybe we should be placing a default on there account before we ask for a CCJ


"The only thing that interferes with my learning is my education." Albert Einstein

 

"No-one can make you feel inferior without your consent" - E. Roosevelt

 

 

Don't lie, thieve, cheat or steal. The Government do not like the competition.

 

 

All advice is offered without prejudice.

We are being sued for Libel. Please help us by donating

 

Please support the pettition to remove Gordon Brown as he was not elected primeinister. He was elected Party Leader something completely different.

 

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Hi everyone,

 

I am trying to get a default notice removed from a account I held with Style Financial Services. I sent the standard letter (using the template on this site) and got the following reply:

 

Dear Sir,

 

Thank you for your letter concerning information held within the credit reference agencies for your store card account.

 

Your request for documents contains some misconceptions about your entitlement to information in a specified form and our obligations to supply that information.

 

As you are aware this account was fully repaid, and closed, therefore, there is no active agreement between Style and you with regards to the above account.

 

The consumer credit act is for active agreements and therefore we are under no obligation to provide you with the requested documents as your obligation to us under the agreement has ended.

 

I am unable to send you any default notice letter. I can also confirm that your account has not been sold.

 

Yours sincerely,

 

Mr X

 

Collections Dept.

 

Can anyone advise me what to do next? I am not sure how to respond to this letter?

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as you are now aware if you don't owe them any money you cannot send a cca request, you can send a s10 notice though asking them to stop automatic processing of your data


Barclaycard Student credit card £400 partial refund received, S.A.R -

Open & Direct Finance- extortionate, cca to Rockwell debt collection they ran away, now with Bryan Carter, no cca 17/03/08 sent back to Open

Pugsley v Littlwoods, have not received the signed credit agreement only quoting reg of 1983

Pugsley v Fashion World JD williams, 17/03 2008 Debt Managers returning file to JD williams as they could not supply the credit agreement

Capital one MCOL Settled in full

Smile lba settled in full

advice is given informally and without liability and without prejudice.

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Hi guys,

 

First of all great site, and some interesting topics.

 

Anyway, your help is required if you would be so kind...

 

Today I got my credit report from equifax, and as expected it was a horrible site, lots of late payments etc etc..no more than I expected as I was out of work for a year back in 2003...

 

This is my quandry..

 

I had a credit card and a loan type account with Citifinancial activated in 2002 everything was going along fine, making payments on time etc etc, I lost my job in 2003 and got behind with my repayments, one thing led to another and eventually my credit card was defaulted.

 

Luckily I got some help from a family member and managed to settle my credit card with Citi, It shows as settled on my report, but obviously has the default still registered against it, can I get this removed?

 

My second quandry is my second account with Citi, I have recieved no phone calls, no mail, nothing regarding this account since 2004 and as at the time I had a lot of active accounts I presumed it had been settled by myself amongst all the other stuff.

 

It wasnt until I got my credit report today, that I realised this account is still active as far as Equifax are concerned and I still apparantly owe Citi money!!.

 

Now, I cannot afford to pay this debt off at the moment as it is around the 2k mark, so Im in a catch 22 position, do i phone Citi and ask them about this account and potentially have to pay this off, or do I just leave it and hope it dissapears in a few years off my report?

 

Call me stupid, but I have not heard a peep out of Citi regarding this account for over three years now, so was I wrong in assuming it was settled? Surely they would of contacted me/issued a summons if they wanted money out of me?

 

Help!..

 

Thanks.

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Hi Pugsley,

 

Thanks a lot for your reply. Can you explain, though, what an s10 notice is and how this will help me?

 

Cheers

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Hi Pugsley,

 

Thanks a lot for your reply. Can you explain, though, what an s10 notice is and how this will help me?

 

Cheers

Alphakeek

 

 

 

Notice pursuant to s.10 of The Data Protection Act 1998.

 

Re: account no. 0000

Reference: 0000

Account holder.

Address. Your Address

 

Whereas I have been in correspondence with Style Financial Services since ...... and despite my correctly formatted request under the Consumer Credit Act 1974 they have failed to produce a correctly executed agreement between myself and Style Financial Services implying my consent to process any data where I am the data subject. Without such consent, Style Financial Services had no authority to disclose any data where I am the data subject to a 3rd party such as .........................

 

Therefore Take Notice that I require that you cease from processing within 7 days of the receipt by you of this notice or else that you do not begin to process any personal data of which I am the subject insofar as that processing involves the communication or passing of personal data of which I am the subject to any third party.

 

As you do not have, and never have had, my consent to process any data where I am the data subject I require destruction of any data you hold where I am the data subject. I also require a certificate of destruction showing

  • Date of destruction
  • Description of records or Record series disposed of
  • Inclusive dates covered
  • Method of destruction
  • Name of person the records where destroyed by
  • Name of Witness to destruction
  • Name of Department Manager

This Notice is given on the grounds that the processing or continued processing by you of the said data will be likely to affect my credit rating and my reputation and cause substantial damage and/or substantial distress to me and my family members in addition to that which may already have been caused and that as the processing of the said data in the way referred to in this notice would violate the fourth, first and sixth principles of The Data Protection Act 1998 to do so would be unwarranted.

 

 

 

Signed.......................

Name PJ99

 

Dated this 11th day of June in the year two thousand and seven.

 

 

s.10 notice is a notice under the Data Protection Act instructing them to stop processing your data.

  • Haha 1

You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

If you think I have been helpful PLEASE click the scales

 

court bundles for dummies

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Hi

 

I'm probably being really dim (it has been known!) but I've been reading what feels like 100's of thread on this site relating to default removal.

 

I have 5 on my credit report all dated 2003 & 2004. These accounts were finally settled, albeit partially, with agreement with the creditors in June 2005. These will therefore remain on my credit report till 2011, seriously affecting my credit rating.

 

I've read threads that I can request that Banks etc stop processing my infomation by sending them this -

 

"Whereas I have been a customer of *** since ***and whereas I consented in my contract with you to the disclosure by you of certain data to third parties, at no time did I consent and neither was it within the contemplation of the parties to the contract that I did consent to the processing by you of that data in any manner which would be unfair or inaccurate or which in any way would breach The Data Protection Act 1998.

 

Therefore, take notice that I require that you cease from processing within twenty one days of the receipt by you of this Notice, or else that you do not begin to process any personal data of which I am the subject insofar as that processing involves the communication or passing of personal data of which I am the subject to any third party and insofar as the said data relates wholly or in part to the implementation by you of alleged defaults or contractual breaches or breaches contrary to The Common Law.

 

This Notice is given on the grounds that the processing or continued processing by you of the said data will be likely to affect my credit rating and my reputation and cause substantial damage and/or substantial distress to me and my family members in addition to that which has been caused to date. And that as the processing of the said data in the way referred to in this Notice would violate both the Principles and Data Subject’s rights of The Data Protection Act 1998, to do so would be both unwarranted and unlawful."

What does this actually mean?

Does it mean the defaults will be removed?

There's also this in the accompying letter -

"In my case, you are retaining and processing data (whether or not this is a simple renewal process of the default flag, daily or other timed factor) after the cancellation of the contract. As that contract is no longer in situ, then my written permission has also ceased from the date of cancellation."

As the accounts were still open when the defaults were registered is this still relevant to my requesting their removal?

Sorry if I'm being really stupid but after getting all my charges back & taking on Kensington Mortgages for my ERC, (unsuccessfully) I've decided this is my next little project & I need a little help to get started. Any help would be very much apreciated.

 

Thanks

ellielou xxx

 

 


Halifax 1

WON - £1,355.49 21/07/06

MINT

WON - £273.81 14/09/06

First Direct

WON - £913.50 01/09/06

Capital One

WON - £130.13 03/11/06

Halifax 2

WON - £188.03 01/12/06

 

Kensington Mortgages ERC

MCOL for £6,204.39 Discontinued

Halifax Mortgage Admin fee

WON - £10.00

Direct Line Mortgage Redemption Fee

WON - £99.00

Halifax 3

MCOL for £109.01 reg 07/03/07

 

http://petitions.pm.gov.uk/redemptionfees/

Please sign this petition x

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interesting thread


Only direct action by the masses will work....

 

Look at all successes they have never come from negotiation!!!

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Hi there,

 

I am in same process with Next Directory & couldn't meet their requested repayments in 2005, and wrote to them (along with other creditors) for reduced payments - they did not accept this (the majority of my other creditors did) - I used letters on National Debtline & continued to pay them what I could afford, which was roughly 3/4's of what they were asking.

 

I received a letter from a DCA regarding this account & i made an arrangement with them for the amount I was paying before.

 

Then i found out a few months ago that they had issued a DN on my file - no warning letter, no notice, nothing.

 

The thing is I applied for credit with my bank (long standing and 2005 was a bad year - apart from that my credit history was ok and I'm sure they would have helped me - I only needed some breathing space for 6 months, & I can see on my credit report that around that time I applied for 3 short term loans (with exisiting co's) that were refused because of my credit rating. I'm on a DMP and it finishes soon, but I believe I could have sorted things out alot quicker if I had known about the DN - I could have dealt with it there and then rather than two years down the line. (rant over!)

 

Have started the procedure, they do not have CCA agreement, but they are saying that they will not remove the DN.

 

It seems a complicated and confusing process but hopefully it will work for me and many others!!

 

My thread is here if anyone has any info/input etc.

http://www.consumeractiongroup.co.uk/forum/store-cards/104892-lost24-next-directory-storecard.html

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hi all,

 

I have read through most of the comments, I have a default notice but from T mobile, presumably that default will still have the same impact as a bank?.....I only today noticed that i had this default as it was apllied 11months ago (when the account was settled) can i still use the template advised for banks?

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I have had four defaults on my record

 

1. citifinancial

2. barclaycard

3. KINGSHILL / CABOT

4. abbey

 

1. citi have finally removed the default but have replaced it with the account record which shows I missed 5 payments. (this is from an account I have in writing from Citi that they have no record of, so how do they know I missed five payments)

 

2 and 3 are for the same account sold to KINGSHILL / CABOT, barclaycard refuse to remove default even though they sold account. Court claim sent in. Kingshill / Cabot we all know about them. Currently reading posts court action imminent. (both parties failed to supply true agreement)

 

4. Luckily this one had run its course and now has just fallen off my record due to 6 year limit.

 

In the last month between citi and abbey nearly £5000 pounds worth of defaults have been removed which is great as I am looking for a better mortgage than the extortionate one I have at the moment.

 

My questions are

 

a. should I query the citi account on the fact that they have removed default but replaced with account transactions even though they state they had no records?

 

b. is it correct that when an account is sold with default the seller should remove default?

 

c. is it legal that a DCA can insert a default in their name when they buy an account even though you have not defaulted with them or have no knowledge of them?

 

d. has anybody actually taken a DCA to court especially KINGSHILL / CABOT and won?

 

Thanks in advance


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This is very encouraging. Just yesterday I sent out copies of the same template letter to HSBC for a credit card and current account. Balances cleared off years ago so with luck I'll get the same response in the same speedy manner. Then I can get a decent mortgage, it's the only negative stuff on my credit file.

 

Hi Redrob

How did you get on with getting your default removed with HSBC.

Thanks

DS

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Hi All,

EGG have failed to provide me with an enforcable CCA after 42 days!!

2 questions:

Can they apply a default if they are unable to supply a CCA?

Also, I have only missed 1 payment on my card and loan. I thought you had to have 3 missed payments before a default could be issued anyway?

 

I may be wrong feel free to correct me!

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