Thanks dx100uk, Can I incorporate the fact that I never received DN (I assume they haven't got one & would be even more surprised if they can produce one!). Getting out my biggest nut-crackers... and a blow torch....

OK so far... SAR sent to Barclays address for this old account... Since most of the templates are for defaults after June 2007 do I follow same structure as default removal templates but without some wording?

Hi all, Many thanks for the advice i have already received. I have recently discovered that I have a default on my credit file from June 2006 for what i can assume is all bank charges or at the very least nearly all bank charges (around 600 total)... Most of the information on here is about if the default was registered since june 2007.... Any advice How I can get this one started? Thanks

signed and partner signed too !

Thanks for the quick reply No Northampton is not my local court, Altrincham is my local court. Can i still do it there and From what i have learned from here already I take it i need to submit one of those very generic application notices? Just what to put on the application notice am not sure about.... ?

Hi, Hope its ok to post here.... When I try to go to this link:- http://www.consumeractiongroup.co.uk/forum/announcement.php?f=84&a=128 I get a message that "you do not have permission to access this page." I got the link from this stickey:- http://www.consumeractiongroup.co.uk/forum/woolwich/149484-have-you-been-defaulted.html I am trying to read some info on how to start the ball rolling with a claim for a default I have found against me, an oldish one, comprised entirely of charges...

Hi all, I recently checked my CRA file and found that a CCJ from April 2007 has appeared for 100 - Northampton county court / registry trust limited... After a little investigation it turns out that this was a fine from the DVLA for a car that I scrapped and informed them that I had scrapped. I remember at the time, although it was a while ago now, that when they sent me the fine I rund them to inform them that I scrapped the car and had sent them the info on this.... a few and a half phone calls later they just seemed to drop it and I heard nothing else since, until I discover this judgement now.... When i rund the DVLA they say the £100 is showing as not paid, but the really funny part is I have never had court docs or chasing letters demanding this £100 they have a judgement for ??? Help!! Anyone got any ideas where on earth to start with this one? Should i SAR them to see all the info they have on this vehicle in relation to me? Then Can i go back to court and get it all sorted out?

Its been ages but I now have an update.... Well case management meeting happened at court with the same judge as my application notice.... Again the judge tore a strip off the Halifax/BOS solicitor saying they should have done something to sort this out instead of wasting the courts time BOS had submitted some info on what a default notice in its standard form would look like, judge didn't think this was suitable as evidence without actually seeing the original default which of course they cant produce... I didnt get the judge to strike their defense out but got some directions (not to bore with too much detail) to attempt mediation (at BOS request), which failed miserably and exchange skeleton argumentswith full reports of case law & relevant sections of DPA and CCA relied on, which we have now done. Funny enough I saw a name on thier skeleton argument which i didnt recognise so I googled it, and would you know it they have only gone and hired a barrister to prepare thier skeleton argument in reply to my skeleton argument, so i guess they will be bringing a barrister to court with them. IMHO It feels like they are bringing out the big guns so to speak, are they worried? Right well now I really need a little support if anyone feels upto it? I am going to up my next post asap with my and thier skel arrguments so any and all help if very much welcomed and appreciated....

Having read the banking standards code it appears that ignoring the fact that no valid agreement is present and neither permission to process my data, if an account is in dispute the banks must give (according to the code) 28 days notice before passing information to third parties. This didn't seem to stop then magicking credit reference entries some 6months ago that contained negative information, that have before that date never existed on my credit file in any form whatsoever about an account with that number... tut tut! What is the world coming too...... So I am preparing some preliminary letters based on the kind advice of steven4064 and would welcome any suggestions again.... Do i just go ahed and post what I got up here for you kind people to tel me what you think or should I be waiting for further suggestions as I am getting a little worried bout doing something fairly soon with this one.... Thanks all

Here are the letters and default notice - I note they give 28 days notice.

Should I write to them again before I consider a course of action like enforcing DPA s.10 through court?

I have sent letter as posted by Mr Lex above and so far it has been ignored and in addition Natwest have sent DEFAULT NOTICE to me giving me 28 days. Help! what should i do now, they appear to have ignored the letter I sent completely... Any ideas on what action to take next anyone? any suggestions most grateful... :S

I have read the relevant statutory law and 21 days is the timescale, so I guess 21 days....

Went to sign but then realised that petetion closed

That letter is the dogs ******** Mr lex exactly what i needed, thanks so much for that, a real big help I can relax a little now I still can't believe how cavalier the banks in general are with keeping their information str8....

Royal bank of Scotland group / NatWest after demanding money from me out of the blue now admit they have "misfiled" my Cred Agree and cant produce it as per my request. They returned my 1 pound and say that they realise that they can't force me to pay up in court but threaten to register defualt on "alleged" accout if i dont arrange to pay..... Now as far as I understand this, they don't have my permission to share information with anyone about an "alleged account" they can't even produce a cred agree for, and there is no exemption in Data Protection Act why they could share this information. Need to send a letter fairly urgent any suggestions what to put in letter would be most grateful :S

BOS solicitors have submitted witness statement to say that they have no default notice and hence no proof of service of any notice. I have written to the court to inform them that they have not complied with the courts order and to request judgement [ Civil Procedure Rules 3.5(1) (a)&(b)(ii) 3.5(4) ] as the right enter judgement has arisen because the courts order has not been complied with. Since BOS has not complied with order their defence should be struck out hence my right for entering judgement arises, in addition this I think from my interpretation ties in with county courts act 1984 ( c.28 ) section 70 which states: "Every judgement and order of a county court shall, except as provided by this or any other act or as may be prescribed, be final and conclusive between the parties" So as such their defence remains 'struck out' ... I am waiting for result of letter I sent to the court, I am no expert and I have put this together from reading here and much statute law and civil procedure rules etc.... I hope this help you decide what you will do and hopefully give you some specifics to read into that will help you..... Right or wrong I couldn't exactly say, but that's what I have done and so far so good.... Oh and have asked the court to make order for damages to amount of default plus costs 'Litigant in person' to amount to about £300 ( £9.25 per hour).... plus to order erase of inaccurate data and any data based on inaccurate data from BOS and CRA's.... Where specifically are you up to with yours?

Thanks 42man and tilly and just a quick bump and to ask again if anyone can help me? I have now been to court for Application Notice and the judge made order as per draft order... (see above points 1 to 4 draft order) I have a few questions I am really really hoping anyone can help me with please... My original claim was to the value of the letters written to the bank about 5 quid plus court issue fee, and listed in the POC i asked for damages at the courts discretion..... So what am asking is.... if the Defendant (HBOS) does not comply with court order :- a. Can I ask for the defaulted amount + 1000 damages and how can I do this? ... OR b. Do i need to make application to amend claim to include the exact monetary amount claimed (i.e. default +1000 quid) and hence have the claim re-served on defendant? If this is the case then how do i stand with original court order i.e. will defendants defense still be struck out or will I have to start again? Please can anyone help mw with this I am struggling to get info on how this works now.... Thanks

so can i send letter to explain am not sure who the driver was or I am responsible as the vehicle keeper? Thanks

bump... anyone?

Thankz, much appreciated....all this court stuff really is a learning experience, at least i had a smile to myself when the judge tore a shred off halifax solicitor in court for waisting the courts time, as they have the recources and could have provided documents asked for weeks ago... LOL From what i have read here it (IMHO) appears that these tactics of ignoring their customers 'lawful' requests for paperwork is a common theme....

Thank you, much appreciated, I feel like i am slowly becoming an expert on small claims court procedure but this one got me really thinking, what now... lol

I hope am not hijacking your thread here, but ....Tilly u seem to have dealt with halifax and been successful, any chance you can have a peek at my thread n see what you think?? http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/127425-default-notice-not-issued-3.html#post1787936 Thanks

I am not sure if my original thread is in the right place can anyone help with this? my original thread relating to default removal and damages going through court at minute... http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/127425-default-notice-not-issued-3.html#post1787936

The date of service of the PCN was 9/8/2008 and date of NTO was 11/9/2008... So is there a chance i have more rights of appeal patdavies is there anything I can do, and thanks for looking at this for me...