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Alexskord Vs Everyone :) (defaults)


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Hi guys,

I have just received my credit report from Experian and it couldn t be any worst than that.

I ve got two defaults and also 2 account which are settled.

For better understanding here it is

C3 : MR XXXXXXXXXXXX FLAT 3.............LIVERPOOL

DATE OF BIRTH.........

AMERICAN EXPRESS CREDIT CARD/STORE CARD

STARTED 23/03/06 DEFAULT £3070 DEFAULTED 26/02/07 CURRENT BALANCE £3070

STATUS HISTORY 8 (WHICH MEANS DEFAULT)

C4 : MR XXXXXXXXXXXX FLAT 3.............LIVERPOOL

DATE OF BIRTH.........

VODAFONE EX SINGLEPOINT COMMUNICATIONS

STARTED 06/01/04 BALANCE £0 SETTLED 25/07/06

C5 : MR XXXXXXXXXXXX FLAT 3.............LIVERPOOL

DATE OF BIRTH.........

VODAFONE EX SINGLEPOINT COMMUNICATIONS

STARTED 04/12/01 BALANCE £0 SETTLED 08/01/03

C6 : MR XXXXXXXXXXXX FLAT 3.............LIVERPOOL

DATE OF BIRTH.........

VODAFONE EX SINGLEPOINT COMMUNICATIONS

STARTED 10/10/02 DEFAULT £62 DEFAULTED 26/04/05

CURRENT BALANCE: £62

NOW CAN ANYONE PLEASE LET ME KNOW WHAT CAN I DO FOR THEM? I MEAN I HAVEN T YET PAID ANYTHING TO AMERICAN EXPRESS AND I THINK THEY HAVE PASSED MY BALANCE TO ALLIED CREDIT WHICH I CCA THEM A WEEK AGO. SO CAN I DO ANYTHING ABOUT THESE DEFAULTS YET OR SHOULD I WAIT AND SEE.

ANOTHER QUESTION IS ABOUT THE OTHER ACCOUNTS WITH VODAFONE AND SINGLEPOINT. CAN YOU HELP ME PLEASE?

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I don't think you'll be able to do anything about these until the outstanding amounts have been paid off, or you have a genuine reason to dispute the amount owed. If you haven't received a default notice, then technically it shouldn't be recorded at the CRA, but on the other hand, if you do owe them the money, then there's nothing to stop them simply sending you a default notice, and then re-registering the defaults with the CRA.

 

I think the best thing to do is clear off the debts and then deal with the default when they have no excuse to put them back on your credit file.

  • Haha 1

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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THANK YOU VERY MUCH.

can i also ask you something else. Can i do anything for the missed payments that now show settled??? i.e C4 : MR XXXXXXXXXXXX FLAT 3.............LIVERPOOL

DATE OF BIRTH.........

VODAFONE EX SINGLEPOINT COMMUNICATIONS

STARTED 06/01/04 BALANCE £0 SETTLED 25/07/06

 

 

 

 

C5 : MR XXXXXXXXXXXX FLAT 3.............LIVERPOOL

DATE OF BIRTH.........

VODAFONE EX SINGLEPOINT COMMUNICATIONS

STARTED 04/12/01 BALANCE £0 SETTLED 08/01/03

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thanks you so much.

Can i do anything for the accounts that are now settled?

i.e

C4 : MR XXXXXXXXXXXX FLAT 3.............LIVERPOOL

DATE OF BIRTH.........

VODAFONE EX SINGLEPOINT COMMUNICATIONS

STARTED 06/01/04 BALANCE £0 SETTLED 25/07/06

 

 

 

 

C5 : MR XXXXXXXXXXXX FLAT 3.............LIVERPOOL

DATE OF BIRTH.........

VODAFONE EX SINGLEPOINT COMMUNICATIONS

STARTED 04/12/01 BALANCE £0 SETTLED 08/01/03

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  • 8 months later...

hello again,

As I was away for quite some time back in Greece I now sorted out the one of my two defaults.

I have got 2 defaults in my Credit record one from Amex which is now showing as settled and one more from HSBC which shows £1100.

The thing with HSBC is that half of that amount is made up from charges.

But as we all know there is test case going on in the courts.

 

So, I have a good reason I believe not to pay HSBC just yet until the test case is closed.

 

Now back to my problem.

I have never received a default notice from AMEX or HSBC so I ve sent the first letter asking for it to both of them on the 13th of November 2007 and haven t received any correspondance from them.

What should I do now? Please help

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Well, if you never received a default notice from Amex then they should remove the default notice. That might be easier said than done however...

 

I think if it were me I would be quite aggresive about it and give them 14 days to PROVE that they sent you the default notice, and then go straight to court if they can't. In reality though I would be expecting them to come up with something to say that they did send it, because these things tend to happen automatically.

 

It's quite a tricky one really alexskord because you do seem to have been genuinely in default which means that in any dispute resolution process they will probably have the upper hand. :(

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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UPDATE!!!

I received this letter from HSBC after sending my second letter asking for the default notice.

As you will notice there is no signature and I think this is a reproduced one. I ve never received that notice.

Anyway the reason I am not clearing the balance is that around 50% of that is made up from charges. So even if the default notice is correct because I have not cleared the balance I believe that I have got a strong case arising from the charges.

The thing is that I do NOT know how can i approach my case.

I can explain you though what it would be my ideal case.

my balance is £1200 approx and the charges are £620 approx. If they tell me or offer me to pay lets say £600 and remove the default I can pay off the whole amount the same day. BUT as I explained before I do not know How am i going to approach them

Here is my letter

http://i186.photobucket.com/albums/x316/alexskord/1hsbc.jpg

http://i186.photobucket.com/albums/x316/alexskord/2hsbc.jpg

http://i186.photobucket.com/albums/x316/alexskord/3hsbc.jpg

http://i186.photobucket.com/albums/x316/alexskord/4hsbc.jpg

 

Please HELP

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Hi Alex

 

I would suggest that you have come up with the most appropriate way of dealing with this ... defaults are notoriously difficult to remove from your credit file in isolation, and the way I have achieved default removals (with Barclaycard and NatWest card) was in conjunction with return of penalty charges!

 

You have discovered that your account is made up of a huge proportion of penalty charges so I would suggest that you send a S.A.R - (Subject Access Request) requesting statements relating to this account together with all other data that they hold in your name (including a true copy of the CCA signed by yourself), and a true copy of the default notice sent) with the maximum fee chargeable in the form of a cheque for £10.00. ALWAYS send your letters by first class recorded delivery so that you can use the Royal Mail Track and Trace service on their website to see when your letters are delivered and signed for.

 

You will then (hopefully) receive all of the above and can start calculating the charges and interest paid on these and and request return of these sums together with removal of the default. They will decline so you then move to the next stage, your LBA in which you request same and giving them 14 days to act upon your request. They will still decline so then you file a claim in court ...

 

The second default seems to be for a smaller amount and you don't say whether there are any charges on this a/c ... if there are (and any in the past that you've paid) then the method above should also apply.

 

Anyway, this method worked for me, however my accounts were closed, but see no reason at all why it should not work for you too. I would also suggest that if you choose to do this, it is imperative that you keep up with payments on a live a/c.

 

Hope this helps and others may have their own views on this. If you get stuck with your letters, let me know!

 

Go get 'em :D

 

Painty x

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Sorry Paintball

With HSBC i am to the stage to which I ve sent them an LBA letter and I received the letter from them saying that due to a test case they have the right to stop any communications about these so I have to wait for the test case. That was back in October. So do u suggest me going back and file a claim???

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Alex

 

I was referring to your first mentioned default which is for American Express Credit Card and suggesting you go for the penalty charges/default removal. Please remember here that stays are not appropriate for card claims although some companies have tried to hide behind the test case to avoid paying out!!

 

... unless I'm missing something, I can see no mention in your red highlighted text about HSBC.

 

If you have a separate bank claim with HSBC then ,yes, your charges claim WILL be stayed until the outcome of the test case (as is my Co-Op Part Deux claim!!).

 

:)

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UPDATE!!!

I received this letter from HSBC after sending my second letter asking for the default notice.

As you will notice there is no signature and I think this is a reproduced one. I ve never received that notice.

Anyway the reason I am not clearing the balance is that around 50% of that is made up from charges. So even if the default notice is correct because I have not cleared the balance I believe that I have got a strong case arising from the charges.

The thing is that I do NOT know how can i approach my case.

I can explain you though what it would be my ideal case.

my balance is £1200 approx and the charges are £620 approx. If they tell me or offer me to pay lets say £600 and remove the default I can pay off the whole amount the same day. BUT as I explained before I do not know How am i going to approach them

Here is my letter

http://i186.photobucket.com/albums/x316/alexskord/1hsbc.jpg

http://i186.photobucket.com/albums/x316/alexskord/2hsbc.jpg

http://i186.photobucket.com/albums/x316/alexskord/3hsbc.jpg

http://i186.photobucket.com/albums/x316/alexskord/4hsbc.jpg

 

Please HELP

Sorry

I was talking about HSBC

 

Sorry again

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I think the problem you have is that you are in fact in default - be it for £600 or £1200 and I think you'll struggle to have the default removed completely. I think the most likely outcome is that if/when you get your charges back from them the default will be amended to £600, which will be marked as 'satisfied' only when the outstanding amount has been paid off.

 

One possible scenario might be to

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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what i need to know though is do I have a chance?

next is can you please tell me if pages 3 & 4 from HSBC is the actual default notice?

 

And also one more question. I think all the defaults that are placed are rightly done at the time of issue (I have not got a default from ABBEY cause i ve never been with the ABBEY) so I think most of the peoples case here is that they try and find something wrong in the banks papers etc in order to get their default remove. You cant just miss 4 months payments and get a default from them nor you can destroy your life cause you missed some payments 3 or 4 or even 6 years ago.

I know it is very difficult to get a default removed but i want to try and get it removed not partially but wholly. But I cant do that without your help. So thanks for replying but I still have questions.

Alex

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m afraid they can iand do ssue a deafault notice if you go a few months behind, and likewise they are (at the moment) entitled to keep it on your credit file for six years. Pages 3 & 4 do look like the default notice, but I'm not sure if all the terms are strictly correct. I'll ask someone with more knowledge of this to have a look. I think you will stand a reasonable chance of having the £1200 default reduced to £600, but to be honest the fact that you have a default at all is what will be wrecking your credit file, not the amount of the default.

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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