Could someone post a link to this letter, i've searched high and low! Cheers

Fight it. Its nonsense.

I think we should bombard these people with subject access requests and see what turns up. There is a reason they have gone out of thier way to remain a secret, lets find out why.

Hi Fedup, Its a credit card, circa £2,000 balance. Thanks for the info, I will cancel DD from January and see what happens. Cheers

Hi, Sent the standard CCA request letter on 1st December. I have heard nothing. What's the next step, should I consider the agreement unenforceable and just cancel my direct debit, or do I need to write a second letter? Thanks

Christopher Roberts, Trainee Solicitor

Burnley County Court

This is a good one, http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/145266-default-removed-halifax-co.html

Hi, 1. I sued halifax for removal of default based on charges 2. Got judgement by default 3. They applied for set aside and never turned up, application struck out 4. Judge issued an order asking them to confirm if they would be removing information, no reply 5. Issued a second order with this warning at the end TO THE COMPANY SECRETARY (OR OTHER PROPER OFFICER) OF HALIFAX BANK PLC. YOU MUST RESPOND TO THIS ORDER. IF YOU DO NOT YOU WILL BE GUILTY OF CONTEMPT OF COURT AND MAY BE SEND TO PRISON 6. A few days later got a letter stating all predudicial information would be removed immediately.

Hi, Basically, 1. Sued Halifax in July for £500, included removal of default in POC. 2. Halifax filed AOS but no defence, I obtained judgement by default. 3. The judgement ordered halifax to pay forthwith but made no mention of the default issue. 4. Halifax paid up 5. I wrote to court asking why the default issue hadn't been dealt with on the judgement, judge sent out allocation questionaires with a view to listing the matter for a hearing. 6. Halifax immediately applied for a set aside hearing which is February 2008, I have a 25 page document detailing why the judgement should be set aside. What do I need to do?, I cant believe they would do this when they've already paid up. Whats my best options now to get the default removed? Thanks

Earlier this year my father visited Thailand on holiday, while he was there he purchased some furnature from a showroom on the main street. The rough conversion was £1,500 and he was told that was all in, including shipping and UK delivery to his door. He paid using a UK credit card. Upon returning home he recieved a telephone call from a UK shipping company, they had his goods but would not release them unless he paid thier bill of £500. Reluctantly he agreed to this and the crates duly arrived. When he opened them the furnature inside was not the same as he bought in the store, it looked 20 years old, and is best described as scrap. He contacted the store who basically told him thats what he bought, tough. So he then approached the card issuer who initially said no problem and refunded the charges and issued a chargeback against the store. The store then disputed the chargeback and the card company again debited my fathers account, they now say there is insufficient evidence to dispute the chargeback. I have advised him to sue the card company under section 75 of the consumer credit act, as I understand it this clause makes the card company and the merchant jointly and severally liable for any problems. The claim would be under the sale of goods act in that goods didnt match the samples. Has anyone any thoughts on this, is this the correct course of action. If anyone has done anything similar then sample POC would be useful. Thanks

Issued claim which was never acknowledged, claim was monetary with removal of default under DPA specified in the POC. After 28 I wrote to the court requesting an order be made for removal of the default. Recieved a letter back advising me that as the defendant had not replied to the claim form then I was at liberty to enter judgement against them by completing the form and sending it back. I did this and a couple of days later recieved a copy of the judgement ordering them to repay the money - but absolutely no mention of the default! Where do I go from here?, it seems the court has completely ignored my request. Thanks

Agreed DW190. Proceedings against the RK on the basis of an alleged contract with the driver wouldn't last two minutes. And the judge wouldn't be best pleased that the wrong persons been sued.

I'll try and keep this brief. 1. Issued a claim against Halifax for charges plus removal of an associated default. 2. They filed AOS 3. They wrote to me including a cheque for the full claim amount in full and final settlement. There was no mention of the default issue, it was a standard template letter that i've seen hundereds of times on here. I have not banked the cheque and dont intend to. 4. I wrote back saying my claim would proceed unless it was settled in full including the default issue. 5. The acknowledgement of service has expired. I am now able to enter judgement. BUT 6. The part of the claim form that allows you to do this is geared up for money claims only, how can I also request either a hearing or even better a judgement by default ordering the default removal. Is it as simple as a covering letter to the court? Or a different form? Any help appreciated.

I would say its unlikely the police will get involved with this. A dispute with ebay like this is a civil matter. eBay wont budge whatever you do. They will just keep sending you automated responses most of which have nothing to do with the issues your trying to raise. Its the main reason I stopped dealing with ebay both personally and through my business a long time ago.

I just want to clarify this before I issue the claim. Halifax defaulted me with a balance of -358.27 which I have not paid. £356.00 of this amount is penalty charges. So technically I owe them £2.27, but I don't because there is also £24.70 in debit interest on there from the charges, so they owe me a little bit. I have prepared a monetery claim on £387.56 (charges+interest), i've also included default removal (this is all I want) Am I correct in issuing a claim for a loss I haven't really incurred? Thanks

Has anyone used drafted/used one yet? I have sent the Surlybonds letter and the statutory notice (sections 10/12) to Halifax, it was delivered according to royal mail. Two months down the line and i've heared nothing. So i'm ready for N1 to ask the court to enforce the notice, stuck though! Thanks

Any news on this? Was it today?

I have sent the Surlybonds letter to Halifaxs head office twice using the royal mail signed for system. On both occasions royal mail inform me that the item was "lost" Where do I stand now, if I allow 21 days to expire and then issue proceedings would I only have to prove that I sent the request, I have the two signed for receipts? Or do I need to ensure that they actually get the documentation? Thanks

Is it nessessary to claim the charges (for a 3rd time !!) The account is -£300 with approx £275 charges. So when the claim goes through I will in effect owe them acount £25. Is it worth it, or should I just press on with the new Surlybonds letter and forget the claim?

Hi, I'm wanting to get a default removed which for a balance 95% penalty charges. I've read Surlybonds comprehensive draft which seems like the way to go, but at the end of the post theres a couple of a different letter which bankfodder posted in the library. So which approach is best? Thanks

I've had a good look around, but still a little confused. Do I send a version of Surlybonds letter and follow the route of they should cease providing data as the contract has ended. Or do I use the shorter Bankfodder letter along lines of I did not agree to them sharing data in any way that was inaccurate (i.e. related to penalty charges) Thanks

I've got a big problem with the halifax, To summerise my story. About 12 months ago successfully claimed all my past credit card charges, straightforward claim no problem they paid out, think it was about £300 I then did it on my current account, again straightforward claim got about £700 back. They then started applying charges again to my current account, I phoned them they said no we're not refunding them, terms and conditions blah blah blah, I said check your records see what happened last time we had a dispute over charges, they said no, no record of you taking us to court, charges stand. I sent them a letter explaining that if the charges were not refunded I would involve the court for a 3rd time. No response to my letter but did keep getting the standard threats from thier collections dept. Eventually they sent my a letter saying my facilities had been withdrawn etc. I recieved NO default notice. I got a copy of my credit report today and they have DEFAULTED the account, it says for £310, entirely composed of charges. It then says "partial settlement 1/07" which is rubbish as I haven't had any contact with them since the closing your account letter summer last year. What can I do? This default could potentially cause me big problems. Thanks

Does anyone know the ins and outs of returning a vehicle using this clause. What section of the CCA covers it? The finance company i'm planning to VT with has imposed the following conditions, do any of them lawfully apply? 1. I must make an appointment to return the vehicle to the finance company (can I not return to the supplying dealer?) 2. Appointments are only availible on tuesdays (are they within thier rights to specify this?) 3. Appointments will take no less than 2 hours 4. The vehicle must be taxed and MOT'd (was not taxed when I bought it)

Spot on! Saw the paper, I was one of the refunds!!