The original DMP was with payplan and was fee free. I think I will write to the CRA as recommended to hopefully try to get it removed. I would be concerned that it would suddenly get defaulted causing more problems than it currently is. Thanks for your replies. Fused.

As said previously Fused a default at this late date is highly unlikely and would easily be challenged at the moment the entry (s) are a nuisance and I think you correct in writing requesting removal now.

I received a letter advising I owe an outstanding debt on my gym membership of £19.50 which I cancelled around 14 months ago.

 

Is it likely they will issue proceedings or should I dispute based on the sum...

 

Thanks,

Rick

Hi Rick welcome,

For an alleged debt of less than £20 highly unlikely to issue a CC claim.

More likely to register a default on credit reference file instead.

Write asking for unequivocal proof of any such debt, state you do not acknowledge any liability for the alleged amount owed.

I have to admit I saw his side when he said 'well the west isn't, so why should we?'

I agree Coniff he made a good point.

What is " behind" the scenes may well be somewhat different from that we see on news media.

they seem to have given their final response, leaving it the fos. so, they might not respond. but, it cld be worth a try.

 

if so, maybe something brief eg along lines of?

 

it is noted that you admit liability for knowingly processing inaccurate/failing to process accurate data about me, contrary to the DPA etc, re xxxxx and so damaging my credit file. in view of this, and to settle this matter, it is requested that you compensate me for your unlawful actions. please forward yr settlement proposal within x days

 

 

wait though for the further input

I think a "test" the water letter I regard to financial redress is a reasonable approach if this fails to produce a positive response escalate to a " letter before action" but you Must be prepared to follow this through if necessary.

Thanks for the reply. Would anyone have any information on getting it removed from my credit file preferably without contacting the card company and what information I should give

Many thanks, fused.

Write to the Data Controller at the CRA (s) involved and state that you requires a notice of correction place on the files that the debt is statute barred.

This record will certainly damage any application I suspect especially if the outstanding balance is large.

As the creditor has not made any contact and you have neither paid or acknowledged the

alleged debt you can most certainly write the creditors Data Controller informing them that the account is statute barred and you therefore do not acknowledge any liability and will not make any payment now or in the future.

Also because of the creditors failure to default the account within the guidelines laid down by the ICO the CRA entry is now an unfair record.

Almost 2 weeks and still no acknowledgement from Experian. I have contacted the Information Commissioners Office.

 

The Police are dealing with things slowly and thoroughly.

 

I am shocked with Experian's lack of effort to make right their mistake.

 

I feel that I should be compensated for the effort I am having to make in order to stop these fraudulent transactions. I'd also like to publicise the fact that our personal records are not as safe as Credit Agencies would like us to think.

 

Any ideas on a next move ???

An investigation such as this will take time 10 -14 days is not a reasonable time scale in which to expect results if the matter is to be investigated properly.

I don't remember seeing anyone. Whats strange is they asked me about the general election but we was not here then so how did they get the info.

The elections in the UK are secret ballots as has been said, if confidential information has been passed to parties/candidates in an election at any level and you believe your specific information as your vote has been divulged a complaint should be made.

I think the first port of call is the "returning officer".

Dodgeball,

I must disagree with your interpretation that the Judges found "Mr Grace didnot default before the agrement was declared unenforceable"

The default occurred some 12 months before the agreement was deemed ......"iredeemably unenforceable" and I am sorry it nullifies McGuffick......its in the bin............

I most certainly agree with catchthemonkey this judgement changes much.

No doubt we will see a raft of pointless discussion on this now!

don't forget the FOS/FCA have recent told creditors they must include unfair PENALTY charges

that, as a result of the removal of PPI, would not have occurred must be refunded within a PPI reclaim too

 

 

dx

Thanks for adding that dx.

Well I wrote to his local office told them of his problems and that the agent could not possibly have been unaware of this. I informed them I was reporting the matter to the OFT and the FOS if not resolved to my satisfaction, and that the account is in dispute and no payments will be made. They replied with a slip for him to sign that allows them to address all communication about the account to me; which has been signed and returned.

 

In the meantime a manager visited his home (my letter stated no home visits allowed, but at this point they had not received my letter. Cough.. Cough...) The manager appeared very nervous and said he does not have to pay if he does not want to, but if he wanted to pay something now or in the future they would not refuse. I told him its in dispute, subject to complaint and no payments will ever be made, and showed him the door. He receives the odd arrears letter which gets ignored. However, I am still awaiting a response to the complaint from them, if not received within 8 weeks its off to the authorities above.

Hello Gia,

I would suggest that you write to this nervous manager and insist that all that he said is put in writing, it has already been seen how provident conveniently forget, lose, and deny conversations and correspondence. (Don't ask Demand).

MBNA have sometimes done precisely this. I kept as proof a copy of docs Hello/Goodbye > post- assignment D N. For a while, basically the mid-noughties, it was not unusual.

 

However, this is not to say your account was definitely one of them.

Don't worry about any further defaults happening now or in the future it's not going to happen!

Even if it did it is very easy to challenge.

Cheers Brig - nothing ventured nothing gained

How true Intend!!!

No don't make any offer, if the CCA request contains info related to RBS belonging to someone else.

 

Wait to see what the Brig says. Maybe a reply saying that Lowells have failed to comply with the CCA request, which has included information related to an RBS account in the name of a third party. Say that you are not satisfied that the documents supplied relate to your account and that if they are a reconstituted version they have failed to supply all of the information required.

 

It would probably be better to enter into a dispute about the CCA request, while being a little vague. If you are too specific they will just come back answering each question you put and try to correct the situation.

Exactly my point UB, the inclusion of the RBS data is a big mistake and certainly makes the recon non compliant.

If I have enough time left here I will attempt to put something together to put Lowell away for good on this.

Fee are from Jan 08 to Feb 09 and within the period he was paying PPI

Go for it!!

No don't make any offer, if the CCA request contains info related to RBS belonging to someone else.

 

Wait to see what the Brig says. Maybe a reply saying that Lowells have failed to comply with the CCA request, which has included information related to an RBS account in the name of a third party. Say that you are not satisfied that the documents supplied relate to your account and that if they are a reconstituted version they have failed to supply all of the information required.

 

It would probably be better to enter into a dispute about the CCA request, while being a little vague. If you are too specific they will just come back answering each question you put and try to correct the situation.

That is exactly the point UB the inclusion of data relating to 3rd party (RBS) and possibly disclosing information, in my opinion totally disqualifies the recon.

No offers don't give in to them while I still have time here I'll try to put something together.

thank you very much brigadier, I will write to them tomorrow

 

 

1 more question though can arrow default me now if I don't start making payments? because I don't think the original creditor has defaulted me and its not on the sar

No most certainly they cannot default anything the default was placed by the original creditor and there can never be another one.

The DN will have been issued by the creditor, you did not satisfy the default, so the account was defaulted by the creditor then sold.

Hi Brigadier thanks for replying, shall I write to Arrow stating that, I will not make any proposal of payment unless you comply fully with the CCA request, the document you have sent is just a priority request form with my name and address typed on, it is a foldable application form with the address on the back but it did not have the terms and conditions. also I have not received from you or MBNA the default notice, the assignment or the statement of account.?

 

 

If MBNA or Arrow did not issue a default notice then can they go to court without one?

Just reject is as non compliant they know it is and are chancing that you don't.

e.g.

Thank you for your response to my CCA request dated xx/xx/xxxx please note the document supplied does not meet the requirements of the request as a copy or a reconstruction of the original agreement and it is therefore rejected and this

alleged debt remains unenforceable via the court system.

Make them do the work!!

hi briggadier, page 9, does have my name and address in it ?

page 15-19 are the RBs T/Cs for somebody else?

i dont miind letting this go to court, as i'm 66 on pension credit, and my other creditors 2x accept £1per month ?

whats your thoughts, or is there parts that are missing? cheers :???:if there is could you point me to thepage #s, cheers

The RBS data is enough to reject the recon outright.

It's very hard to assess what is missing or is relevant.

This is a bad mistake by Lowell, if I may I'd like to think on approach to get Lowell to back down completely if you can wait for an answer?

From what I seeing very many people are getting a rash of PPI/accident claims cold calls and advertising drops, unconnected with DCAs had em myself 5 cold callers on PPI this week and I'm not involved with Wescott or any other DCA.

hi, thanks for speedy reply i wasn't sure if i had attached letters from Lowell, will attac:-x now, and they had sent me 3xsets of doc's

1: with capitol one on the front, and inside was the T&Cs belonging to someone else from the Rbs

2: said original agreement, no name on the front of document,

3: was default agreement, no name on that either:

i'm now tring to attached letter of explaination from lowell, but computer slow...

cheers

A reconstituted agreement must have.

Your name and address as at the inception of the agreement and the closure and the same for the creditor.

The Complete Ts & Cs at inception and closure.

All material amendments to the Ts & Cs during the life of the agreement.

Any document mentioned in the Ts & Cs.

Without all these parts the recon fails to satisfy the CCA request.

it does state that it was sold to arrow back in 2006, but could mbna sell the account to arrow without a issuing a default notice on me?

No the process is pretty well fool proof DN sent, not satisfied account terminated and sold on.

From what you say the document provided is a very poor effort at producing a " reconstituted agreement and it does not satisfy a CCA request, it should be rejected as non compliant.

Agreements don't have to be supplied with a SAR, and the deed of assignment is the contract of sale between the creditor and the debt purchaser and is confidential.

A recon agreement must have>

Your name and address at the inception of the account, ditto for the creditor.

The Ts & Cs in force at inception and closure of the account.

All material amendments to the Ts & Cs during the life of the agreement.

Any document (s) mentioned in the Ts & Cs.

If any part is not present the recon fails.

Further to my last post..

 

 

..Santander finally closed the 123 credit card account and touch wood..

..I've not received any more statements.

 

Hopefully that means it's finally gone.

 

 

I was paid another £150.00 compensation for the further stress and inconvenience and Which are going to feature the story shortly.

 

I was told over the telephone by Santander's chief exec's media man that the fault lay with the Visa dept

but this wasn't explained to me properly or in the final resolution letter.

 

The explanation was weak.

 

No more credit cards for me and thankyou once again Brigadier for encouraging me to fight it!

LS an excellent result achieved by real guts and persistence, well done!!

Hi, yes attached, looks like i'll have to accept? will offer the same payments i have my other creditors £1 per month, which my other creditors have accepted. what's your thoughts , or should i try a CCA solicitor,i know one locally, suppose it wouldn't harm to ask ???

aristilus I don't see your address provided on this alleged agreement, was it there, have you redacted it.

Thank you for your quick response. I shall do that immediately.

 

I dont think there is PPI on it no but to be honest it has been a while I forget anything I have with them ha.

Have you done a SAR as well as the CCA request?

If not the SAR to the original creditor Is a good idea.

Hi, Welcome to CAG,

If take a look at other threads regarding Cabot you will see it tends to make up " rules" to suit its own purpose.

I would suggest a CCA request to Cabot immediately (Statutory Fee £1.00, use a postal order clearly marked " for statutory fee only"

keep a copy of the PO> Cabot have 12+ 2 Working Days to comply).

There is a basic template in the CAG library edit it to suit.

Is there PPI on this?