apparently they don't need consent

Well things have taken a turn. Some of you may be aware of this: http://www.slc.co.uk/PDF/mortgage%20style%20loans.pdf SLC are going to start registering defaults. I myself received a letter from them this morning saying I need to act within 28 days or they will register a default against me. There is no way I can pay back the whole amount in 28 days. If I arrange a payment plan with them that is acceptable to them, are they likely to still register the default anyways? HELP, I don't want a default, I'd rather pay them back!

http://www.slc.co.uk/PDF/mortgage%20style%20loans.pdf

I have today received a letter from SLC stating that they intend to register a default against me with the CRAs unless I clear the arrears of about £2k. I don't have that sort of money. Is there any way I can avoid the default by making a payment arrangement with them or will they default me anyways?

Guess he doesn't come here anymore?

got final decision from FOS and they won't uphold my complaint. grrrr. not surprised really. just got to pluck up the courage to proceed to court now.

The charge was added when it was passed to DLC because I didn't pay the £23.30 "within 7 days" it wasn't for cancelling the policy early.

I consulted FoS before I sent the LBA and they advised they would only stop looking at my complaint if a court reach a decision, not if I raised action.

got a letter from FoS Adjuicator yesterday. BoS forward my LBA to him and asked him to write to me and say that they will be waiting for the Ombudsman's decision before deciding whether to remove the default or not. I've e-mailed the Adjuicator and asked him to communicate to BoS that that's fine, however I will be sticking to my timeframes and will be issuing a summons against them on Feb 24th if the default marker still exists. Issuing a Summons against BoS won't put a halt to my FoS complaint, only if a court comes to a decisioin.

bump

I got a letter in today from DLC claiming I owe Admiral £43.30. I cancelled my insurance with Admiral and moved to another company, as far as I am aware I owed £23.30 so it appears they've added £20 on. Does this count as an unlawful penalty charge? I'm going to pay the £23.30 I owe, just wondered if I should be paying the extra £20 too? Thanks, knox

Thanks man, I'll check these out later today try and come up with a new version of my PoC. As for what I said above, naturally I'd never say that to a judge, I'm more just trying to test my case out from the opposite side so I can go in with confidence and having some sort of idea what arguements might be put up against me.

I'm inclined to agree with you actually with the human rights thing the more I look into it. The only problem I have with the above is when stating about the agreement being enforceable, the account is paid off now and closed so HBOS wouldn't have to worry about proving it's enforceable since they no longer need to enforce it surely or by updating the default each month are they continuing to enforce it or something?

nicked that bit from CAG template, still researching the background on it.

hello?

presumably on the basis of the bank caving in and paying out without any help from FOS really. Sadly when it comes to default removals, banks don't seem to back down so easy. my case with FOS has been open 12 months now and is still awaiting an ombudsman decision. Am in the process of drafting court papers.

FoS is a waste of time. Go to court.

Make removal of the default part of the claim

First crack at it: Adapted from http://www.consumerforums.com/index.php?option=com_content&view=article&id=97:default-on-a-disputed-account-particulars-of-claim-n208&catid=49:challenge-a-default-on-a-disputed-account&Itemid=88 Will try to add some more points to it over the next few days

I always suggest to take the simplest route first, write to Natwest and ask them to remove it. I tried this with Vodafone and they removed it after 1 letter! Failing that I would say go straight to court. IMHO you have a pretty good case since the bank charges led to the default and then natwest removed them anyways. Good luck!

yes you did tell me so, however I'm not blessed with the confidence of going to court as you are and decided to try other avenues first which I have done. Now it's onto the next step. I'll have a crack at a PoC today or tomorrow and will post an initial draft for comment.

Got reply back from Adjudicator stating that a court reaching a decision would cause FOS to drop my case but taking a bank to court or preparing to do so wouldn't cause them to drop it. He says it's currently about 3 months lead time (roughly) on cases getting to an ombudsman after being passed from the adjudicator so hopefully this means I'll be getting something back from them near the end of March. So I think this is the right time to start going down the court route.

Yeah, I've pretty much wasted the past 12 months with FoS so i'm moving onto Court now, I just lack confidence at putting the case together. Worried about getting lumbered with costs.

how does this sound?

Banks tend to process CRA info on a monthly basis I believe so it might not get removed on the exact date but it should be removed within a month of that date depending on when the bank processes. I would imagine if the bank doesn't remove it automatically just after the 6 year anniversary then a letter to them pointing out their mistake should get it sorted. When HBOS removed the default on my loan, they only did it at 2 out of 3 CRAs, I fired off a letter to them and got an apology back and the default disappeared a few days later. I will shortly be starting to commence court action against HBOS for default removal shortly too so will be watching your thread with interest.