Pl Next have come back to me and because the judgement was only for the £200 costs I asked for an dnot the default removal then they are only paying the £200 to set aside the judgement... Is there any way I can make it a condition that I will only write and tell the court it is settled if they remove the default aswell? My original claim asked for the default to be removed, but the judgement didnt..

Thank you! The problem is they haven't put a defence in?? But they can turn up to court without a defence am I right? Well when i say they didnt put a defence in, I mean they sent me a letter asking me to prove what I put on the claim form... so i did... but no defence... Thanks

Thank you so much. I am trying to put it together today. So far, I have: Outline of case. Relevant Data protection Act sections highlighted. Experian letter (as you have suggested - with notes to be done tonight) Copy of my credit record - showing as settled and Defaulted. But not sure what else to put in there.. Thanks again!

Very much appreciated Allyxia... If you have a minute can you just tell me in a line or two what the hearing is like... I read your post but didn;t find any info about it. Is the judge quite helpful with regards to how the hearing is conducted etc. with regards to someone who ahs never been before? Is it like an open debate? Or does the judge ask asll the questions? I will read Dayglos thread, but I cannot understand hwo I can lose? How can they argue with what is law? ie they cannot hold my info after the contract and all my permissions has ceased? I understand what you are syaing but it 'seems' clear cut? I suppose it depends on the judge! Thanks, Adam

Thank you.. When I say letter, i mean I am using the arguments from Surlybonds template letter, not the Experian letter. The case is tommorrow... and not claimed any charges from them... there was none unfortunately... Default was for 1500 and they never even sent me a default notice, but that is not what i am arguing, i am arguing that the account is settled and no wher ein law says 6 years... Thanks again

looks like Egg are going to appear in court on Tuesday. I received change of solicitors from Egg to Eversheds... I am challenging them about holding information on my credit records afte the accoutn has been settled, using argunments from Surlybonds info. Any hints or tips for Tuesday (tommorow) appreciated. Never been to court before... nevermind took a bank to court... Thanks, NEO

Sounds good. Sorry to be naive, but what court form would be best to raise this injunction? Last question, would this approach be suitable for an account which the creditor has accepted full and finally settlement for an amount less than was defaulted - I assume it would. Thanks, NEO

Much appreciated... I will draft the letter up this weekend. If you don't mind what angle would I take at getting the injunction against them? Would I use the argument that continued processing after termination of the contract could have an adverse affect on me, etc...

Thanks for your input file_wizzard - I appreciate your views... What if before I sent the letter I did the following: Referenced the cheque number on the letter. Photocopied the letter and cheque together. Photocopied the Special Delivery Envelope with the letter and cheque. Surely there would be enough here to prove that if they banked the cheque that they agreed to the contents of the letter? I just need some ammo to use against them to remove the default after I have settled the balance... Thanks Adam

Hi file_wizzard, I don't think you are getting me. Have you claimed bank charges and the banks state on their letters that if you bank their cheque, you are agreeing to stay confidential? That is a contract you are agreeing to, if you bank the cheque... What I meant was if I write in the letter (not on the cheque) that "they are accepting this on the condition that...." and include the cheque seperately. If they bank the cheque/bankers draft/cash/whatever form of payment, then they ARE agreeing to a contract, and that contract is the terms/conditions set out in my letter... ...on the other hand, they do have the option of not agreeing to the contract... by not banking the cheque. NEO

Ok to cut a long story short... I had a debt with O2 for £1600 and I found out they defaulted me for it (without me knowing). For the last two years I hadn't heard a peep from them or any debt collectors. As i am now in a position to pay the debt off and clear my credit record up, I decided to call them to make a part payment - and paid them £600. I then wrote a letter pleading to them asking, if I pay the other £1000 would they please remove my default. Last week i received a call saying... No. What a surprise! Ok, now for my idea. You know when we claimed bank charges back, some banks said at the bottom something along the lines of "if you bank this cheque you are agreeing to stay quiet"... well, what if... I send a cheque to O2 for the outstanding £1000 on my account and put on the bottom of the letter "IF O2 accept this cheque they agree to fully remove the default from my records" or something along those lines? We both win; They want the £1000 and I want the default removing. Everyone's a winner? Now what i am looking for, is a legal view on this. If O2 bank the cheque then do not remove the default, do i have a case? From my understanding if they bank the cheque, then they have agreed to be part of a contract, i.e. my conditions - and this would be enforcable? I am feeling this could work, and it could be a route for those who have a default and can now afford to now settle the debt. I look forward to peoples opinions... I am hoping Surlybonds can comment... ps. Please please please, just keep this thread for opinions on my idea and any legal views, etc. If you have any questions about your particular case, please start a new thread. Thanks, NEO

Hi, Only you can say if it is worth it. Personally, I have got rid of 3 defaults... one charge related and the other 2 using Surlybonds letter, but I can tell you the one with charges was a hundred times easier and quicker. I am not saying Surlybonds letter shouldn;t be used, in fact, I think it is a masterpiece (and I can;t wait for the revised copy) but as SB and a few people have said also, there is a time and a place for this letter and it is suggested that the charges route should be used if possible, first time.. If I were you (and if you can afford it) put £50 in the account... so after the charges you will be in credit (ie they will owe you money) and then claim with the condition that default is completely removed. That's only my opinion... Neo

Have you claimed the charges back yet? If you have not, then make the default removal part of your claim and follow it through to court proceedings. If you have started your claim, then wait until you have your charges and then use Surlybonds letter - but hold fire, there is an updated 'Surlybonds letter' coming very soon...

Yes I have requested default - and they are in default. The only way to get out of it is to settle, but the judge has only ordered them to pay the £200 costs and not remove the default. If Next come back to me within the next 10 days trying to settle, then I will tell them that I am only settling if they remove the default at the same time. If they don't come back, I will next sue them for a claim for distress. If they ignore that, they will be defaulted again.. I wonder when they will start answering is the question...

Hi all! Sorry I haven't posted for a while. Next have not acknowledged anythign the curts have sent them. They are now in default and have about 12 days left to settle - the judge has sent an dorder... they just seem to be allowed to ignore the courts, how strange! Anyone in a similar position? Neo

I rang the court today, Next seem to have a lot of cases against them just at Birmingham CC the helpful lady said! Still have'nt acknowledged 4 days later so am waiting for them to process my default against them!

Next have until close of play tmrw (Thursday 26 October, 2006) to Acknowledge, which the court told me today that they haven't done. if they do not Acknowledge they will have a CCJ default against them... they should then remove my default entries?? I hope...

Surely the accoutn cannot be closed if charges are still been applied? if you can get a balance or anything like that the account is most definitely active. Did this account have previous charges applied - ie the charges you are claiming back? If it does, I would suggest that you do bank the cheque in that bank account because you will still have the charges outstanding... and the purpose of these exercises is to get the money to pay off the charges or.. if the charges have already been paid, then its for you to spend how you please!

Sweet! Now was the credit record in Default or was it a satisfied Default? Also sometimes the CRAs can take a few days to updae their records. Very strange.. Well done and keep us informed!

All they did was resend it back to me with my original cheque and told me to amend and resend back.. How stupid, I can;t get my head around it!

Have you chased them today? Please let us know if the debt has been settled, fully? Was it passed to a Debt Collection Agency? Was it Natwest or the DCA who defaulted you on the Credit Record? Default date Neo

For the guide to filling in the form here it is: http://www.hmcourts-service.gov.uk/HMCSCourtFinder/GetForm.do?court_forms_id=410 If you need a particulars of claim, just use the one on this thread and modify

First of all well done. CRA's will not remove info if you had it written in slate from God. They will only remove it with authorisation from the company, ie Vodafone. From my experiences it depends on the company involved, some will put it through with end of month stuff, but in this case I would expect it will be done in a few days. On top of that the some Credit Reference Agencies (ie Experian) change things on a weekly basis. I would email vodafone, asking them to confirm when it has been removed... Hope this helps. Adam

I'm not sure about law.. but this is a paragraph from the N!a form on how to fill in the N1 form.. "When suing or being sued as: -an individual: You must enter his or her full unabbreviated name where known, including their first name and any middle name, their last name and the title by which she or he is known (i.e. Mr., Mrs., Ms., Dr., etc.) and residential address (including postcode and telephone number)." Bit petit though I think! Anyways it has been since sent again and should be served on Next shortly.. Watch this space

Lol! That made me laugh. I just redid the form (what a pain as you can't save the N1 text!). The person at the court must of been having a bad day because my Egg N! has been accepted. Very strange. And anyone, please feel free to use the particulars of claim, that's what it's there for Mr Neo.