No I haven't but will do so. Thanks BobbyH

OK Martin thanks. It was a bit of a race against time to remove any adverse as I was due to change mortgage in August09, but don't really need to now! I'll await the outcome of the ICO BobbyH

Hi Martin I have read the ICO guidance and have spurted this all out to Cabot! The S10 notice was done correctly (October08) and although I only gave them 7 days, they have/had clearly enough time to digest it by now and act upon. But then again we are talking about Cabot!! What should be my best course of action? wait for the ICO mind up? BobbyH

Thanks 42man I have read most of the threads and have gained some useful information from lots of them. I am sure UK26 is probably a bit busy himself at the moment, but will await any advice. Thanks BobbyH

Thanks for the reply CitizenB. I have forwarded all info to ICO, but nothing received back yet. I shall await any advice. Thanks again BobbyH

There are lots of companies out there that will give you a quote. Legal & general, Bupa, Friends Provident, LV=, Prudential to name but a few. Try the different quotes on line! BobbyH

Have you looked on you credit reports to see if there is actually a default on there?

If a borrower (you) fully meets the terms set out in a notice of intention to file a default (presuming that you received a notice of intention in the first place), it follows that the lender should not file the default. ...from the ICO guidance. I think they have to give you 28 days (according to ICO), if you settle within the 28 days, then they shouldn't file a default. But, unfortunately, the lenders do not follow the ICO guidance.

Devils in the detail!! There is no law which say the lender has to inform the CRA!!!

sub

The reason they haven't sent you a CCA is because they don't have one. The certainly won't have a copy of the original, which I believe they need to enforce through court!! I am sure someone will correct me if I am wrong!

No probs

FYI London Scottish Bank plc have changed their registered address to: London Scottish Bank plc c/o Ernst & Young 100 Barbirolli Square Manchester M2 3EY.

Defaults will drop off you credit file, 6 years from default date, whether the debt has been paid or not! Not sure about CCJ's but would presume the same. Someone will be along to confirm this or not!

The full thread is here http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/145508-default-advice-please.html but have placed the last post on this forum to see if anybody from here can help, perhaps a Cabot expert!! Apologies for the length of this post, but I would really like to know what I should do next. Apologies if I have repeated myself (from previous posts) but thought a detailed picture would be better for me to get more helpful assistance. We are talking primarily about removing a default from my credit file and Cabot are the DCA! I had a Monument credit card from 2001 and used this frequently (paying charges along the way). Eventually in 2005 Monument defaulted me with a default balance of £700 (no default ever received). Seemingly the last payment I made to Monument was March 2005. Cabot then purchased this November 2005 (no assignments ever received). Around about late 2005, early 2006 I received a number of letters from Mackenzie Hall (MH) asking for payment. 1 in particular asked if I wanted to make a full and final settlement (approx 67% of the account balance). This I thought was good deal and paid this agreed amount in April 2006. What I should point out at this point is this full and final settlement letter didn't have any references to Monument or Account Number but did have "Cabot" written on it. Since I knew Cabot purchased the debt, I assumed this was for this Monument credit card debt. Fast forward to May 2006 and letters were apparently arriving from Cabot (according to the Subject Access Request data I have just received) asking for payment on this account. I telephone Cabot and informed them that I settled this account F&F in April 06 through MH. I then followed this up with a letter!. I now know that the MH letter was apparently for another credit card which was opened in 1994 and defaulted in 1995 (the balances are really quite similar) and the F&F settlement mentioned above was for this "Statute Barred" debt, which I did not know anything about, given that I haven't/hadn't received anything for the previous 10 years!! Anyway, looking at the account notes received in my Subject Access Request, it appears that Cabot have indeed re-allocated this payment I made, from the MH debt to the Monument credit card debt. This is further substantiated in the "Transaction details" section of the Monument credit card plus the "Transaction details" of the MH credit card. However, also in the transaction details is a reversal of this re-allocation on the same day. So in the space of a day (according to the dates on the report) they received my payment and allocated to MH debt, they then re-allocate payment to Monument debt (after I tell them their error) and then again they allocate the payment back to the MH debt. Now I know that the dates are all the same for these allocations (according to their Transaction Details), but I think in reality they were done a year later, because the running balance details on my credit records for the Monument credit card show that a payment was made in April 2006 (my F&F payment) and balance reduced by this amount and suddenly a year later this balance increased again by the same amount of my F&F payment! What should also be pointed at is that in the Action History Prints I have been given, under the MH part, it states: "confirms that a payment was applied to this acct in error and that the funds were moved to the Monument debt" Anyway, fast forward again to 2007. I started the process of reclaiming my charges back from Monument. I sent the prelim, LBA and finally through to court. Monument didn't acknowledge or defend the claim so I got judgement by default. Part of my POC was the complete removal of the Default notice. I eventually received a substantial payment from Monument (Barclays) and they agreed to remove the default from the CRA's as the charges made up all of the balance. It was at this point that I realised, although Monument defaulted me, Cabot now owned the debt and would not remove the default. Anyway, I have CCA'd them, nothing received back, S10 notice, nothing received back, wrote letters asking politely to follow Monument with regards to removing the default because of the charges, nothing received back. It turns out they had apparently been sending me letter to my old address, despite having my new one on all the correspondence. The upshot is that they are still refusing to remove the default. They have also recently decided to increase the balance of the account by approximately 35%, although they are not chasing me for this debt. This I guess is in retaliation to my correspondence. I then Subject Access Request them, to see what was going on and to be honest I didn't think I would get anything from them, but I received a huge amount of data!!! Just after I received the Subject Access Request data, I received a letter from Cabot stating: We have reviewed the correspondence and the issues that you have raised and can confirm that you commenced proceedings against Monument for unfair bank charges. The outcome of the proceedings was that Monument did not defend your claim and paid you a significant amount in unfair bank charges and was also instructed to remove the default from your credit file. We can confirm that the funds that you received from Monument should have been forwarded to us in diminution of debt, as you had not paid the charges applied previously and therefore this is unlawful conversion of the funds received from Monument. We purchased a valid debt and any charges applied were in accordance with the relevant terms and conditions. Furthermore, we will not be removing our entry from the CRA's as we are the legal owners of the debt and the outstanding balance was the balance assigned to us. Only the legal owners of a debt can report with the CRA's hence the reason Cabot are reporting. What they are saying is that I reclaimed charges that I actually hadn't physically paid! Which is crap, because the CC was opened in 2001 and numerous charges were applied and paid between then and the 2005 default. Anyway, thats pretty much it apart from the fact I have complained to the Information Commissioners Office, and await their investigation, although from experience, I believe they will side with Cabot! So, does anyone have any ideas as to what I should do next? Like I said previously, the aim is for the removal of the default! Thanks BobbyH

Sorry for poking my nose in, but you have said that you are terrified living there and your husband doesn't work in the evenings so can protect you! Personally I would rent it out without telling NR (redirect you post), thats the only realistic thing you can do without losing a whole host of money and creating major credit problems. Sure you may get through a few tenants due to the problems with the yobs, but if you get a letting agent to do all that and can rent it for a few years, all well and good. Good luck whatever you do. BobbyH

Bump

OK so I took the TV back to the Argos store it was purchased and the lady gave me a phone number to ring to arrange for a repair. Thinking that Argos would be responsible for cost I telephoned the number and was told that the cost of the repair will be down to me!! Is this correct? do I have to pay or should Argos? What are my rights here? Thanks BobbyH

£75. http://www.hmcourts-service.gov.uk/courtfinder/forms/ex50.pdf You might be eligible for assistance with the fee: http://www.hmcourts-service.gov.uk/courtfinder/forms/ex160a_e.pdf

Is it possible to detail what was on the redemption statement?

Try this http://www.consumeractiongroup.co.uk/forum/letter-templates/131250-dca-creditor-harassment-telephone.html

My reply was based on there being no default as the OP hasn't said he has one! Like I said if he hasn't got a default they might just retaliate and default him if he goes in guns blazing and starts asking questions, CPR requests etc. And whilst any default would be unlawful, it would still take some considerate effort and time for the OP to get the default removed, should he so wish to do so. As for him "Making a payment will be an acknowledgement of the so called debt", well surely this has already been done (£60 per month for 2.5 years)! Sure, if there is already a default registered and the OP doesn't care about this, then yes let sleeping dogs lie!

Are there any defaults on your credit files? If there isn't, then a full and final settlement would be a good idea before you start asking them difficult questions coz they might just retaliate by putting a default on them!!

Personally I would lower your original offer!! They pay between 3%-5% for the debt, which in your case is about £150. You have already paid about £1800 in payments to them!!!! What can they do? absolutely nothing without the CCA!!!

Some more questions, which experts might need to know. 1 - Is the loan for the car? 2 - Is the loan only in the name of the deceased or is it a joint one? 3 - Do you have copies of the credit agreement and T&C's? 4 - How many life policies are there? and are you sure they total £8,700? 5 - How long have you had car and how many payments have been made? You may be able to Voluntarily Terminate the agreement!! To the mortgage: 1 - Was there any life insurance attached to this mortgage? BobbyH