Hi, thanks for the reply. However things aren't quite as simple as waiting for the IVA to finish. The IVA will only pay off a portion of the debt, I will still be liable for the remaining amount. Part of my issue is that we do not know what the remaining amount will be until the IVA ends yet I have a default on my CR for an amount similar to what I believe the outstanding balance was at the start of the IVA (it is a very different amount to that which the bank is claiming in the IVA though). The point that annoyed me with this whole thing was the fact that I'd been maintaining this account by paying the interest each month for 18 months so the account was always within it' s agreed limits when out of the blue the bank decided to terminate the accounts and demand full payment (they just realised my husband had an IVA when they received the 1st annual report). The bank then went on to sell "my part" of this debt to a DCA (though 'My part' of the debt is also the full outstanding amount!!!) The DCA don't realise there is an IVA paying into this debt as they only have it recorded in my name. The bank can't speak to my husband because of the IVA, the DCA won't speak to him as they only recognise the debt in my name and the whole thing is driving me MAD. If there is anyway to challenge/remove this default it would go some way to making be feel better about this whole situation. Thanks. (sorry for the rant)

Any advice on how I should proceed or should I just forget it as it's not going to be removed would be very welcome. Thanks.

Anyone?

Can I tell who posted the default against my file. The company name is my bank does that mean that they posted the default or could it be the DCA? The amount on the default is think is wrong (i.e. it's not the amount mentioned on my termination notice) and the default date is definitely wrong. Thanks.

The account was an overdraft. I was putting in funds each month to meet the interest payments when out of the blue we received the Termination Notices. There was no default notice issued.

Something else I've just come across that I didn't know before. Accounts before 1994 are not shpwn on your credit file. The default that is showing is for an account that was opened before 1994, I assume that there was no credit history relating to this account on my credit file until this default was registered. This makes sence with what I see on my account as I was making payments until the bank terminated the account but nothing other than a default is showing. Is this allowed?

I know the IVA will remain against my partner and show up in linked searches however I would like to know if I can get the default against my record removed. I guess my real question is:- Is a termination Notice sufficient to issue a default or does the bank actually have to issue a default notice as well? Thanks.

Hi, I have a default dated November 2007 on my file from an overdraft on a joint current account. Basically my partner entered into an IVA back in 2006, within this IVA was the joint account. I continued to pay the interest each month on the account until December 2007 when out of the blue we both received a letter from the Bank with an attached Termination Notice. I appears that the Bank had 'missed' the fact that my partner had entered an IVA until the 1st creditors report arrived. On receiving this they then terminated the account. Now the Joint account is still within the IVA and has received some payments from it, the bank however also sold the entire outstanding amount of the account to a DCA in my name only, they fail/refuse to believe this is a joint debt as that is not what they think they have purchased. I am currently paying a small amount each month off this. My question is this, is there anyway to remove the default off my record as I never received a default notice, also my termination notice states that my agreement will be terminated in the middle of December yet the default is registered in November. The account still shows the full amount outstanding when the account was terminated yet it has reduced significantly since then. Any ideas/advice would be most welcome.

Thanks. I've read this thread, very interesting. I cobbles a letter together based on one in your thread basically stating why I believe my agreement is a regulated agreement and falls under the remit of the Consumer Credit Act 1974. I then asked them to provide me with information as required by my CCA request. They have responded with :- You are fully entitled to your interpretation of the law however we disagree with your interpretation. It is our intention to take legal action and please be assured we will fully respect the decision of the courts. they then go on to threaten the start of bankruptcy proceedings if I don't pay within 14 days. Any ideas of what I should do next ?. Thanks.

Surely a condition of your IVA is no more debt ? I know I'm only allowed 'credit' as such for utility bills. Speak to your IP, if you are upto date with your payments then in an emergency they may let you miss a couple of payments ( normally no more than 3 though ) which may help.

I've just received a response to my CCA sent at he beginning of April. As expected it states:- "We are not obliged to provide you with a copy agreement for a bank overdraft. The formalities for the entry into a regulated agreement are contained in Part V of the CCA 1974. The Consumer Credit Agreements Regulations are made under that part of the act. The Director General of the Fair Trading made a determination on 21 December 1989 exempting from Part V of the CCA 1974 every debtor-creditor agreement enabling the debtor to overdraw on a current account under which the creditor is the Bank of England or a bank within the meaning of the Bankers' Book Evidence Act 1879 as amended" They have also included copies of my statements since 2002 but nothing else. This is a real letter actually signed and not just a standard template. Any idea's on the best way to reply ? Thanks.

Should I be S.A.R ing both the DCA and the Bank ???.

Any ideas ??

Still no reply to my CCA request dispite me reminding them they are now in default. Should I report them to somebody ? Decided to send a S.A.R to see if this wakes them up any. Do I send it to 1st Credit or Barclays ?. Should I ask for certain documents (copy of the notice of assignment and also request proof that this notice was served was mentioned above - if they don't have this what does it mean ?). Is there anything else thay must have to be able to legally chase this debt ?. I've had a quick look in the Template libraries but I can't see a S.A.R request, is there a suitable template around ? Thanks.

I did CCA them and it's been just over 30 days now without anything other than acknowledgement of my request.