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Which court should i use???


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Hi all. This is my first posting here. I want to know if anyone has taken a bank to court for the following reason.

 

I had a default registered against my name with Equifax. I have disputed the default as the bank never advised me of it. They failed to change my address on thier system on 3 occassions despite acknowledging my new address. I had no knowledge of the default or that i had any problems with this bank. The bank said i didn't make full payment of a credit card however i had ben making payments every month as part of my credit agreement with them. Basically they changed the minimum payment i had to make and they didn't tell me so i was paying a fixed amount monthly. This account built up some small arrears as there was (according to the bank) an underpayment every month (despite me not knowing they had changed the minimum amount to pay etc).

 

The bank claimed they served a default notice on me properly however they lied. I served a data protection request on the them and they provided a big bundle. One document said i never advised them of the change of address (after they admitted they knew i had moved), this document was a transcript of a telephone coversation. The main part is that there was no copy of the default notice on the file. I wrote to them, sent them £1 for a copy of the consumer credit act etc and all they have done is cash the cheque and nothing else. I wrote to them again and they again have failed to respond. This was all registered post too.

 

Basically, they have entered a default against my name on an account i have with them and will not respond. I want to take them to court and ask a judge to enforce removal of this default notice. What court should i use?

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What court should i use?

 

None! Contact your local Trading Standards first.

Trading Standards Central - Trading Standards and Consumer Protection information for the UK

 

Welcome to the forums. :)

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Firstly, how long since the CCA request? Are they past the 12+30 days yet?

 

If so I doubt you would actually need to take them to court - they should roll over before it gets that far... as if they don't have a signed CCA agreement then not only can they not enforce the debt - but they also cannot release any information about you to any CRA, including any defaults - they know this.

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Thanks guys.

 

A few questions? Why should i use the trading standards people, i'm not sure where this one is going?

 

Secondly, I have a copy of the credit card agreement, i don't have a copy of the default (i have proven that this doesn't exist or that the bank has failed to send me a copy when i served a DPA notice on them), i don't have a copy of the Consumer Credit act which i asked for (and paid for) and the bank hasn't/will not respond to my letters.

 

This default has cost me financially, we took out a new mortgage recently, we had to pay £999 for the new mortgage as only one lender would lead us money. All the others who had much better rates (1/2 % less for 2 years in some cases) and no upfront fees said they wouldn't remortgage with us with this default in place.

 

I have lost out financially, surely i should be able to claim back my losses due to this default.

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Thanks guys.

 

A few questions? Why should i use the trading standards people, i'm not sure where this one is going?

 

I wrote to them, sent them £1 for a copy of the consumer credit act etc and all they have done is cash the cheque and nothing else. I wrote to them again and they again have failed to respond. This was all registered post too.

 

Tell them exactly what you've told us here and they will write to them asking what they're playing at, they'll point out the breaches in regulations and Statute that they've broken and the creditor may well write back saying they will close their file on you, you can then go about rectifying the default.

 

And don't ever mention that you've got a copy of the agreement!! :lol:

If my post was helpful don't forget to click the star!

Advice is offered freely, without liability and without prejudice.

If in any doubt professional legal advice should be sought.

 

I do not profess to be in any way legally trained, I am a big

oily truck driver and all I know has been learned within the

Consumer Action Group.

 

FAQ's

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

 

Trying to stop smoking?

http://www.consumeractiongroup.co.uk/forum/give-up-smoking-here/

 

A dummies guide to the forums

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

--

KEEP WILDLIFE IN THE WILD

http://www.bornfree.org.uk

BORN FREE FOUNDATION

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  • 3 weeks later...

Just an update!!!

 

I telephoned the bank (HBOS) and asked why they hadn't replied. They called me back and said the default was issued legally because i hadn't met the minimum payment however they admitted that they had not written to me at the correct address. I said it made no difference, the default wasn't issued to me. The upshot.

 

They are removing the default notice with immediate effect. :D

 

I then stated that i had lost out financially as a result of this default in that i couldn't get the cheaper remortgage we wanted. I said i wanted £1000 compensation.

 

They gave me £500 and basically the interest accrued since the increase in payments went through (without my knowledge hence this problem).

 

A total of just under £800 for standing my ground and a default free credit file. :D

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Fantastic news!

 

Well Done!!

ballons.jpg

 

If my post was helpful don't forget to click the star!

Advice is offered freely, without liability and without prejudice.

If in any doubt professional legal advice should be sought.

 

I do not profess to be in any way legally trained, I am a big

oily truck driver and all I know has been learned within the

Consumer Action Group.

 

FAQ's

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

 

Trying to stop smoking?

http://www.consumeractiongroup.co.uk/forum/give-up-smoking-here/

 

A dummies guide to the forums

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

--

KEEP WILDLIFE IN THE WILD

http://www.bornfree.org.uk

BORN FREE FOUNDATION

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Congratulations:)

 

Make sure you check the default is removed, though:)

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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