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    • If you are buying a used car – you need to read this survival guide.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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ROLL CALL: Who has sucsessfully had defaults removed?


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I'm with the #25 and #26 on this one..........could the Mods make a quick note of that pls.....?

Co-Operative bank default removal - succesfull december 2007.

 

Capital One Bank default removal - succesfull february 2008.

 

Co-Operative bank Visa default removal- Claim filed March 2008

 

Smile default removal - ongoing

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  • 4 weeks later...

Once again this thread was a great idea by TheAnalyst but it seems to have died. It would be nice to know over the last month or so if there have been more successes, particularly defaults that were not all made up of charges. Many people talk of going to court to get defaults removed, it would be nice to see the successes.

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Hi Gooner, I have had success with two, but they were essentially the same wrong information, the third piece of that equation is still ongoing, only achieved a marked as satisfied on a non existent account so still not happy, guess who CAPQUEST!

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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The aim of this post is to get an idea of who has sucsessfully had defaults removed from their credit files....

 

Reply with the following information if possible:

 

Name of company that registered the default

Amount of the default

Was the account settled or did it still have a balance

If the default was all/part/no charges

What action did you take & on what grounds did you request the default removal

What (if any) third party was involved (Information Commissioners Office, FSA, Court etc)

 

Thanks in advance! ;)

 

It was some time ago now, but I may have been the first here to use the "no CCA = no default" arguement. That worked for defaults issued by HSBC (3K - settled), MBNA/Link Financial, (7K - 4K outstanding) and a car HP agreement.

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Maybelline - at least you were sensible enough to check your credit file and then get the wrong info rectified.

Rose - Were they mostly made up of charges? Mine were partly charges but were all satisfied 3 years ago and within a month of default. Wish I had declared meself bankrupt and not given them a penny.

At least you and the other successes here give us all hope.

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  • 2 months later...
Finally had a result which makes the last 5 months and at least 20 letters to various creditors somewhat worthwhile :)

 

RBS have agreed to remove my default and instruct AIC debt recovery to stop pursuing me for £290.

The default of £2560 was made up mostly of charges which they refunded and the remaining £290ish was unauthorised overdraft interest that I would have never had if there had been no charges in the first place.

 

This was after the 4th letter I sent them and had to include copies of all statements and prove from those statements that had I not been charged I would have never been overdrawn in the first place.

 

Should be off my credit files in the next 72 hours ... :D

 

Hi Analyst, I notice on your list Welcome have removed a default -they seem to be digging their heels in over on the WF threads on defaults that are wrong on unenforceable agreements, any tips?

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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two defaults removed after sending surlybonds letter

 

1st credit DCA was originally barclay card

style financial services aka ted baker card

 

 

crh well done, lets hope more successes follow:)

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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two defaults removed after sending surlybonds letter

 

1st credit DCA was originally barclay card

style financial services aka ted baker card

 

I think RBS (Style) have taken a decision to settle all Default removal attempts given information I have personal experience of - I can't say more at this stage in open forum, but it appears the Surleybonds letters are having the desired effect at an early stage of the proceedings.

 

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ANY PHONE COMPANY DEFAULT REMOVALS OUT THERE??????:confused:

 

I've had Judgment by Default against 2 for O2, but that could be a one-off that is challenged by them anyway? :roll:

 

http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/111666-car2403-o2-wescot-dca.html

 

Have to wait to see what happens next...

 

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  • 2 weeks later...

Right, i've had more success! :)

 

the Carphone warehouse have removed the default on my account once I cleared the £260 debt, they changed it from a "8" marker with 1,2,3 & 4 ;late payment markers before it to "S" with 3,3,4,4,4,4 ( :confused: ) before it.

At least the default is gone, its still a result.

 

Welcome Finance .... there was a £3565 default with the full amount still owed. I have sent so many letters to them, they did supply a valid agreement and i was getting nowhere with them regarding no default notice, ppi and charges so yesterday I offered the Lewis Group (Welcome's DCA) £1200 in full and final settlement on the condition that the default be removed completely, THEY AGREED! and I have it in Writing! :o :D

 

Very happy man today :)

 

Just leaves 1 more default (Littlewoods, grrr!) and a satisfied CCJ to remove!

Completed:

RBOS Charges - £2435 settled in full :)

RBOS Default Removal - Removed :)

Carphone Warehouse Default Removal - Removed :)

Welcome Finance Default Removal - Removed :)

Viking Direct CCJ - Removed :)

Littlewoods Default - Removed :-o

 

Ongoing:

N Hunter SAR

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I think RBS (Style) have taken a decision to settle all Default removal attempts given information I have personal experience of - I can't say more at this stage in open forum, but it appears the Surleybonds letters are having the desired effect at an early stage of the proceedings.

 

My RBS one removed;

 

http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/110150-car2403-rbs-plc-default.html

 

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Hi All

Default was with HSBC for £3400 with illegal charges involved. March 2007 sent letter asking for original copy of default letter as none was received. Had no reply to this letter but hey presto the default was removed from my credit file.

Not all good new though in November this same debt appears on my credit file once again with a name not of HSBC but FV-1 who I have had no agreement ever. In November sent the notice to desist processing data. No reply. Today have sent Data Subject Notice. Anyone any ideas if it is legal for FV-1 to even enter this on my credit file.

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Thanks for the explaination I am going to keep notes so I do not forget. I sent the first notice to stop them processing my information which they have completely ignored so I am now sending the second notice which SurlyBonds posted and I have also threatened court action if the default is not removed. I am keeping my fingers crossed.

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two defaults removed after sending surlybonds letter

 

1st credit DCA was originally barclay card

style financial services aka ted baker card

 

 

Hi did you send surlybonds letter to the DCA or barclaycard I'm really getting confused as to where to send the letter, or should it be sent to the DCA if its their name on the credit file.

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  • 1 month later...

Hello,

Sorry of this is not the right thread for this question - please refer me elsewhere if not -

 

I heard that if an account is in dispute then you can instruct the data controller of a card company/bank not to process any data relating to you on the grounds that the account is in dispute and therefore no facts proven one way or the other.

 

There's a clause in the act I believe to the effect that data may not be procesed if it is liable to cause distress or damage - well, if the alleged facts turn out not to be true, or if the agreement turns out not to be valid, then passing on any data woud certainly cause distress and damage.

 

Any experience/ knowledge of this sort of issue please ?

 

Thank you

 

Valhalla

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Hello,

Sorry of this is not the right thread for this question - please refer me elsewhere if not -

 

I heard that if an account is in dispute then you can instruct the data controller of a card company/bank not to process any data relating to you on the grounds that the account is in dispute and therefore no facts proven one way or the other.

 

There's a clause in the act I believe to the effect that data may not be procesed if it is liable to cause distress or damage - well, if the alleged facts turn out not to be true, or if the agreement turns out not to be valid, then passing on any data woud certainly cause distress and damage.

 

Any experience/ knowledge of this sort of issue please ?

 

Thank you

 

Valhalla

 

 

This thread is for people to list the details of defaults they have had removed.

 

You obviously know this is not the correct place for your question yet posted anyway?

Post it in the main "Data Protection and Default Issues forum" please :roll:

  • Haha 1

Completed:

RBOS Charges - £2435 settled in full :)

RBOS Default Removal - Removed :)

Carphone Warehouse Default Removal - Removed :)

Welcome Finance Default Removal - Removed :)

Viking Direct CCJ - Removed :)

Littlewoods Default - Removed :-o

 

Ongoing:

N Hunter SAR

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