Thanks for your support I'm going to take it to BMW to have the tyres appraised tomorrow....see what they say as to their worth, and go from there! Hannah x

Thanks so much sailor sam....you're an absolute star! I just wanted to put my mind at rest really, as don't think he'll bother with small claims for the sake of the money for the tyres...I think he was after the finance money initially...and just cited the tyres, MOT, and other stuff to beef up his case. I will do as u suggest though, and get the tyres checked out...as to a possible value. Thanks once again :o) H x x x

The car is a 2005 BMW 330Ci convertible approx 70,000 miles. I'm tempted to just let the finance company have it back...and to keep the private plate, he was asking me to give him the number plate retention certificate, which I had bought for a gift for him. Would I be within my rights to keep this, bearing in mind its in my name, although the private plate is his initials, etc! If the finance company were to have the car back, would he still have a claim for the tyres, as, in effect, the betterment benefit would no longer be mine, rather the finance company, or whomever received the car after they'd disposed of it? Hannah x

Its done about 1,500 miles I think...no more than that. Why would he have a claim for the tyres though? I'm lost! lol! Surely if he took on board the fact that he'd have to keep the car in roadworthy condition (i.e, if the tyres needed replacing then he'd have to do it) and he had full use of the car whilst in his possession, then that is his tough luck that he bought such expensive tyres for it. Not once did he ask for contributions from me for the running costs, as if he had, he'd have had the same answer, in that if he chose to use the car, then he must bear the costs, even though he knew full well, that the car would never belong to him, it was always in my name. Thank you so much for taking the time to answer...I still don't know how I should respond to his letter though, or if I should at all! x x

The new tyres were put on about 3 months ago...as they were advisories on the MOT. We separated in November 2010, I moved out of our marital home in January 2011, and he had sole use of the car (with my say-so) until last week.

My ex boyfriend has today sent me a letter claiming that I "owe" him money for all of the bits and bobs that he has had to pay out for the car that he had use of for the past 18 months. Background: I purchased a vehicle in 2010 (in my own name), on HP, all payments made on time and through my own bank. Last year myself and my partner separated, I agreed (not legally, or in writing) that he could carry on using the car, providing he paid the finance installments (from his own bank, which he did), kept it taxed, insured, serviced etc. The log book (v5) was always kept in my name, so the car (although legally still owned by the finance company) belonged to me...I had merely let him have the use of it. So it remained this way until last week...when low and behold I found out that for the last 4 months of our relationship he'd been cheating on me. Not wanting him to keep driving around in MY car, I took the car back, and have confirmed with the finance company and DVLA that the liability is still mine and has nothing to do with my ex partner. The finance will be settled next week, and I shall sell the car (as it does have a small amount of equity left) Question: This letter I received from him today, stating that I must re-imburse him the cost of the new tyres (£551.00) the work for the MOT (£82) and the months of finance payments (approx £3500)...does he have a leg to stand on in asking me to pay all of this, when in fact I had let him have full use of the car for this period, and at no time did he moan about paying all these things, as he was the one using the car (I didn't even live in the same area, and had no access to the car). If he pursues this to small claims court, would I have to pay him anything, as the car belonged to me, but I'd (temporarily) let him run and use it...and therefore my understanding is that he must bear the cost of keeping the car roadworthy. Just after some advice from others who may have been in this situation, or know the legal ins and outs of a case like this! Thanks in advance Hannah x

Pinky, who am I writing this to? The Complaints department of Barclays Bank, or the complaints department of Barclays Data Protection? I dont know whether or not to hold off on a letter until I have Barclays HO final response in respect of my first letter (above in post 15)..I'm still waiting for them to address all the issues in that letter. Any suggestions folks? Hannah x

Hello all, Just a quick update on my fight against Barclays. I received an acknowledgment to the above letter which I sent to John Varley on 16th September. It basically said that they are going to review the circumstances which I outlined to them, gave me a direct dial number to the Head Office Customer Relations Manager and said they would be in contact in due course. Well, today I have just received a response to the Data Protection part of my letter (this had obviously slowly made its way to the correct desk at Barclays) It follows: Dear Hannahbtw DATA PROTECTION ACT We refer to your letter of 16 September. You have approached the Bank under section 10 of the above legislation, advising that your personal data should not be further processed. It is our understanding that section 10 is not relevant unless it can be illustrated that unwarranted damage and distress would arise should certain processing activities continue. We believe the Bank is currently undertaking the usual and lawful process of recovering outstanding monies accrued in respect of your banking account. In these circumstances, a claim that unwarranted damage and distress could arise would appear unjustified. The Bank further disputes your assertions that the management of your banking arrangements on a day to day basis, within criteria of our normal terms and conditions, could constitute a breach of any elements of the Data Protection Act. Your request that the Bank cease processing any elements of personal data is therefore turned aside. Notwithstanding the above, we would strongly suggest that you maintain a continuing dialogue with the Bank. Yours sincerely, The Manager Barclays Data Protection. I'm not sure how to reply to this letter.... I was under the impression that if you advised the Bank that they had to stop processing your Data, then they had to do just that....not refuse to back down and continue to process anyway. What do I need to say to them? For starters the mere fact that they terminated on the back of an invalid default notice, surely means that they are not "undertaking the usual and lawful process of recovering outstanding monies accrued"...? And yes, the damage and distress they are causing to me in respect of registering these unlawful defaults on all of my CRA files AND continual telephone harassment day and night from the Bank is "unwarranted". How on earth do I make these fools see sense? Hannah x

Thank you for taking a look 42man, its greatly appreciated. I am slowly resigning myself to the fact that if I want to pursue the removal of these defaults, I am going to have to wait until funds become available for me to enlist the services of a solicitor in order to take Barclays to Court. I really didnt want to have to do it this way....but you know the Banks...everything has to be an uphill struggle. I know they aint just going to roll over and do as I say...but why do they have to make it so damn difficult for us! Hannah x

Ok, here's an initial draft of a letter that I have managed to compose, taking lots of bits and pieces from all over CAG...could I have some opinions please :o) The second letter is obviously the s10 request which I will enclose too. Loan accounts 1 & 2 15/09/09 Dear Barclays peeps, I write with reference to the above accounts which you have recently terminated and placed with Debt Collection Agencies (namely Credit Solutions/Power2Contact). I note that the Bank has entered defaults for these accounts onto my credit reference files, as held with Equifax plc, Experian ltd and CallCredit plc. However, the agreements that I originally signed with the Bank did not include my permission to disclose or share my data with third parties. The agreements neither included any other permission, nor did they imply that your perceived rights to process my data would be ‘in perpetuity’. There was no clause contained within the agreements that stated that you had any arbitrary right to continuing processing data after the termination of the agreements. After scrutiny of all the relevant legislation, including the Consumer Credit Act (as amended), the various Financial Services Acts and the Data Protection Act, it is clear that there is absolutely no legislation that allows a lender or supplier to collate, process or distribute any other information unless there is express written permission from the data subject. However, if I am mistaken, and the agreements did, indeed, specify unlimited time extensions, then you must provide me with a copy of those signed terms indicating where I have agreed to them. These should be sent to me as one of your enclosures, if you wish to contest the enclosed Statutory Notice. Furthermore, on 21/03/09 and subsequently the 25/03/09, I received Default Notices from the Bank pertaining to both accounts as detailed above. The date by which to remedy the breach of the agreements is given as the 31/03/09 which, taking into account the fact that the Notices were generated on 14/03/09 (a Saturday) the legal date of service via TNT (classed as 2nd class post) is therefore 19/03/09. The fact that the Default Notices did not arrive until the 21/03/09 and 25/03/09 respectively, compounds the fact that the inferior service the Bank elected to use for service of the Default Notices, has rendered the Notices invalid. Fourteen clear days from the above dates of service gives a statutory deadline of 02/04/09 for the breaches to be remedied. I should also draw your attention to the fact that both Default Notices that the Bank has issued, deviate from the prescribed form (particularly with respect to capitalisation) as required by Parliament under the SI 1983/1561 Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983. The Bank has subsequently terminated the agreements, in asking for the full balance due under the agreements and then passing them on to the third party Debt Collection Agencies. 　 You are aware that failure to issue a valid Default Notice must surely prevent a right of action and would make any termination of the agreement unlawful, as statute provides the procedure that must be followed. Since the Bank has failed to adhere to statutory procedure it is suggested that the Bank does not have a right of action, and can never now have a right of action having terminated the agreement unlawfully. As I have detailed above, failure of a Default Notice or Termination Notice to be accurate not only invalidates such notice (Woodchester Lease Management Services Ltd V Swain & Co NLD 14 July 1998 ) but it is an unlawful rescission of contract which would not only prevent the court enforcing any alleged debt (Wilson V First County Trust Ltd [2003] UKHL 40, Wilson V Robertsons (London) Ltd [2006] EWCA Civ 1088, Wilson V Pawnbrokers [2005] EWCA Civ 147) ,but would also give the claimant a claim for damages in the sum of £1000 (Kpophraror V Woolwich Building Society [1996] 4 All ER 119). I now require you to comply with the attached Statutory Notice pursuant to s.10 and s.12 of the Data Protection Act 1998 and to remove the adverse information that you have registered against me with the Credit Reference Agencies. I also wish for you to contact me with your proposals for compensation for the sustained telephone harassment that the Bank has subjected myself and my family to over the past 12 months, which continues to plague me via the Debt Collection Agencies which you have instructed. I have a detailed call log, which shows more than 100 calls were received on both my home telephone and mobile from Barclays Collections Department between March 2009 and June 2009 alone. I also require your proposals for compensation for the unlawful rescission of my agreements and the damage you are continuing to inflict on my reputation and general creditworthiness by processing my data without my consent. I look forward to receiving your response to this correspondence within 14 days. Yours Sincerely, Hannahbtw. This next one is the DPA s10 request... Legal notice under the Data Protection Act 1980 To: The Data Controller Barclays Bank Dear Sir/Madam, Please be advised that this is a formal notice issued under Section 10 of the Data Protection Act 1980. I demand that you cease processing of my Data by any means, whether written or electronically, with third party individuals and organisations. In addition to processing, this also means passing, amending, sharing ,and management in any form of my Data in whatsoever, filing, both manually or electronically. In compliance with the Information Commissioners guidance, I give you 14 days to comply with this request. The purpose of this request is that I am of the understanding that your continual processing/controlling of my data will cause distress harm and damage. Specifically because; (i) My credit worthiness is being or has been damaged by your actions as a result of your entries onto my credit files (ii)That recorded defaults on my credit files by yourselves are in dispute. (iii)That I fully expect to show that adverse data was wrongly filed which would mean that earlier processing was unfair and unjust. (iii) That the adverse data you continue to process, manage and pass on to third parties impedes my ability to apply for credit, mortgages or other financial services. (iiii)That as a Data Controller/Compliance Officer, you have a responsibility under the Data Protection Act to observe all principles set out therein, within the Act. I expect an acknowledgement of your intentions to comply, and if you do not agree, your reasons for being unable or unwilling to do so. Under the Data Protection Act, a County Court has the powers to order compliance of any breaches it sees fit, together with compensation, at the discretion of the court. Yours Faithfully Hannahbtw. So what do you reckon? Have I included all the right bits? Haven't sent it off yet, as I'd like some opinions first! lol! Hannah x

Thank you Leo, Pinky and Diddy...your input is much appreciated! Firstly, I most definately intend to take the fight to them, as its imperative that I do my best to try and get those defaults off my file...if I have to go to court to do that, then so be it...I dont know if I'd be able to do that without employing the expertise of a solicitor though, so for the time being, threatening them with court action might shoot myself in the foot, as I'm not in a financial position to afford a solicitors services. I guess I was hoping that I could just make them aware of the fact they have screwed up with the DNs, that, coupled with the telephone harrassment, and the passing on to a DCA, would be enough to strike some kind of a deal with them removing the defaults from my file, writing off the arrears, and maybe listening to their proposals for compensating me for this mess. I think I might be pushing it for monetary compensation. But just to have the defaults off my file, the arrears gone and the DCA's told to shove off would be great. Diddy, your letter is great, but it would need tweaking a bit.. Unfortunately, the loans that are defaulted are both fairly recent, and they have sent me (under my S.A.R) the copies of my agreements, and they seem to be enforceable. So I cannot include that sentence in a letter. I also wanted to make them aware about their continuing to process my data, after they terminated the agreements unlawfully (via the defective DNs) but dont know which part of the Act to quote. Also, how do I draw their attention to the fact that I would like them to address the telephone harrassment...I had already sent them the harassment letter, many moons ago, but they totally ignored it, and repeatedly called at all hours, sometimes up to 15 times a day..I have a call log which runs into pages that I could use if it ever came to court action over this. I just want Barclays to know that I mean business, and have all these things in my favour for the removal of these defaults, but I dont want to balls it up by not writing the initial letter properly and excluding relevant bits of the law that I should be drawing their attention to. I'm no good with all the legal speak, but need the letter to sound like I DO know what I'm on about, lol! I'm sure there is a quote somewhere to do with unlawfully rescinding contracts which speaks of damages to the tune of £1000 plus the amount of arrears, but I havent a clue how to search for it, and how to include it in a letter to Barclays. As you can see, I'm probably in way over my depth, but I just want those bleedin' defaults off my file...and have the faulty DNs as ammo..sorry for waffling, but I'm still no closer to writing a kick ass letter with everything included in it. Hannah x

I have an original thread on here which I started back in April this year when Barclays telephone harrassment was giving me sleepless nights, and they had just sent out 2 totally duff DNs of which I wanted clarification on. Have a read here first if you'd like to familiarise yourself with my case http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/194893-these-default-notices-valid.html Anyhoo....jump forward a few months and Barclays have assigned my accounts to CDCS and subsequently Credit Solutions (who are using Power2Contact as their threat monkey). The DCA's I have no problems with...I am currently just ignoring their waffle *Final Notice* here, and *Do Not Ignore This Letter* there...oh and not forgetting the *Contact us within 48hours for a Substantial Discount* I am content to let them stew and blow their hot air around for a bit. What I would like to address however, is the Defaults that Barclays have now placed on my Credit Reference Files, all three (Equifax, Experian and Callcredit) have the 2 loan accounts showing as defaulted. This is seriously going to cause me problems next year, as I am in rented accommodation, and we are planning to move to a different county, once again into privately rented accommodation, and I know that the letting agents and landlords always credit check the prospective tenants. With those 2 great big defaults sat on my files, its gonna be difficult to get anywhere to live So, where do I start? Barclays sent me wholly defective DNs for both of my loan accounts...they have subsequently terminated the accounts and passed them on to bottom-feeder DCAs...thus unlawfully rescinding my agreements with them. I want to bargain with Barclays for removal of those default markers on the CRA files...and also have some sort of compensation for the telephone harrassment that they put me through earlier this year (DCAs are at it again as I type..but Barclays quit phoning when they assigned it to CSL). I just need to know how to make Barclays aware of the fact that they sent defective DNs, therefore I dont owe them diddly-squat over the amount of the arrears at the time of default (or is it termination?), but I want that written off as part of the compensatuion for the harrassment and unlawful repudiation. I'm guessing I also need to put something in the letter about the Data Protection Act and unlawfully processing and continuing to process my data (with regards to placing defaults on my files) as the agreements were terminated, therefore their rights to do that end? I'm in a pickle with what to write, and how to put it across really, just need a letter writing genius to help me out so I dont trip up and lose the upper hand with them. Also, what do I do with regards to notifying the CRAs that the defaults shouldnt be on there in the first place? I'm under the impression they wont just remove them just because I write to them and tell them Barclays cocked up with the DNs. As it stands Barclays have no idea (well not from me anyway!) that their default notices arent worth the paper they are printed on, as I was waiting for them to terminate the accounts and pass them on before I made them aware, and I thought they would be useful ammo for getting the defaults off my files. BUT....now the time has come to get it all in motion, i'm stuck..I dont know what to write, and what bits of legislation I need to quote! Argh! Help! lol! If anyone has a good idea of the sort of things I need to say to Barclays, to start some kind of dialogue going, then please post away..always happy to hear any opinions also. Sorry for the length, trying to get it all down b4 my head explodes! Hannah x x x

Pinky, Are you doing this all yourself or are you using a solicitor? I'm in the same boat regarding Defaults placed on my file even though both DNs are totally invalid, and with the telephone harassment by the Bank at fever pitch (up to 15 calls per day) I dont know if I can start legal action by myself..I just dont know enough about it. Cant seem to find a solicitor that will help me take the Bank on though, as I am eligible for Legal Aid, they just wont touch it. Soooo frustrating, as I'm sure on the telephone harassment alone I have a case Have appointment to see an adviser at the CAB on wednesday but I'm not really sure they will be able to help either. I just feel like giving up, changing my number and letting them take me to court, get CCJs and pay them at £1.00 per month for the rest of my life Any help or advice much appreciated..as TS/OFT/FOS just seem totally useless in this situation. Han x

Subbing. Great idea Nurse-Elsa..will be lovely to have all relevant DN info in one post Hannah x

Pinky, That letter is class Funny how quiet they have gone, lol! Any chance of posting up your "tweaks"? I am biding my time with Barclays, waiting to see if they produce a valid CCA...after getting 2 defective DNs and then they set their scummy in-house DCA onto me (in effect terminating my alleged agreements by asking for full balances) I thought I'd better see if they have got something valid to produce in court before I take them there, lol! They are still phoning on average 2-3 times per day..so my telephone harassment log is looking very beefy...all fuel for the fire hey Best of luck hun...and keep us posted! Hannah x

Subbing.

Please try not to have anymore sleepless nights...you are in good hands here! There are so many knowledgable peeps...I'm a relative newcomer (well to Default issues anyways) and every day I learn a new bit of info..its an amazing place to be I'll try to keep bumping this thread for you, as I'm sure there will be other bits of your DN that dont comply, and others with more knowledge will be able to pick out. Hang in there! Hannah x

SP..have a read of this thread hun..... Same OC too! http://www.consumeractiongroup.co.uk/forum/general-debt-issues/188673-faulty-mint-default-notice.html Hannah x

Thanks SP, that does work now! From a quick glance I'd say it looks defective, as its not stating an actual DATE for you to remedy the breach. I'm pretty sure that they cant just state "17 days after the date of this Notice". Await expert info on this one, but I reckon that it won't hold water Hannah x

Pinky, yes thank you! Your post is very helpful. Im just squirreling info away at the moment to use if Barclays decide to play hardball over my 2 defective DNs Good luck with everything. Go get em!!! Hannah x

Could you make the DN bigger by any chance, can read the letter but not the DN! Hannah x

Subbing for future reference! Hope someone will be along soon to advise you on this Pinky Hannah x

I'm just waiting for that Termination Notice(s) to drop through my letterbox now. But instead today, I have been sent an "Arrears Notice" for the bigger loan (£14,200) I can't make head nor tail of it though...it states my opening arrears balance is £675.20 (So that is 2 months worth of missed payments from october and november 2008..thats fine.) But then it goes on to list: 14th December 2008....Interest...£256.81 14th January 2009...Interest...£265.68 14th February 2009...Interest...£266.10 14th March 2009...Interest...£240.35 14th April 2009...Interest...£266.10 Closing Arrears Balance £2363.20 So none of that adds up...also, no mention of the actual MONTHLY loan amounts of £337.60 that should have been mounting up too. I'm so confused with what they are doing. Why send me an Arrears Notice AFTER the Default Notice (which was meant to be rectified according to them, by the 31st March 2009.) Surely because I havent rectified the "breach" they should just be terminating my account, not sending out more notices of account arrears...that arent even correct, lol. Hey ho...I'll just keep waiting for those TNs to turn up Hannah x

Harassed_Senior..do you have anything in writing from the OC that your account was written off and closed? If so, you need to tell Lowell to b****r off as you have proof that your debt has been settled. If not, it may be in your interest to contact the OC, get a letter stating that you no longer owe anything, and if Lowell keep chasing you can copy this to them and hopefully they will leave you alone. I had the same trouble with a loan I had from Lloyds that was written off and marked as settled on my credit file. The DCA carried on chasing me for payment, so I just rang LLoyds debt management, got them to send a letter confirming I didnt owe a penny, and the DCA backed off. Hannah x

BRW you are an absolute star!!!! I'm totally rubbish at maths, so will need some help calculating whether or not the arrears include any "extra" charges, or just the plain old interest. On the first loan (for £14,200) my agreement states that the APR is 24.9%...but the actual Interest Rate is 22.562% p.a. It goes on to say "Interest on any amounts outstanding will be calculated daily at the rate shown above from the date the loan is drawn until paid in full. The interest will be debited to the loan monthly in arrears" So how do I go about calculating how much the interest would be between the date of my last payment (23rd september 2008) and the default notice (14th march 2009)??? I'm sorry I'm rubbish with this kinda stuff...I seriously need a maths tutor, lol! They are claiming arrears of £1,728.92. By my calculations, that should include 5 monthly payments (of £337.60) totalling £1688.00.....so that leaves £40.92. Is that all interest? I just dont know how to work it out to see if its correct or not...perhaps some kind soul will check for me The other loan (of £2,800) the agreement states the APR rate is 24.9%, but the Interest Rate is given as 22.557% p.a. Again, it goes on to say it will be calculated daily and debited to the loan monthly in arrears. My last payment of £78.23 went out on 4th september 2008 and the default notice is dated 14th march 2009...so that would mean that the arrears they are asking for should be 6 payments of £78.23. This comes to £469.38. Yet they are only asking for £396.33....I'm so confused, lol!! Why ask for less than the amount of the arrears. They have lost the plot it seems. Anyhoo, its good enough for me that my two DNs seem to mean diddly squat, as they havent done them correctly, so for now I'm just going to sit on them and wait for the TNs to come...cant believe I'm actually looking forward to a Bank letter coming, rofl!!! Thanks so much for all the contributions to my thread so far, its so comforting to know that you guys have got my back...I'd be lost without this site!! Scales tickling coming to you all Hannah x