Hi, What happened was we got into a little difficulty as we were overstretched. Prior to this the account was paid by direct debit on time. It all seemed to happen very quickly. We kept in touch with Egg to let them know what was happening at the time but the loan we got to consolidate came through too late to pay them off before they put a default on. I remember getting a letter saying they would default us if we didn't pay by a certain date but don't remember getting a default notice. We settled the debt probably about a week after the default went on the file, this was about 2 years ago.??? Do you think the best thing to do first is to ring them up and ask them nicely to remove the default??? regards snooty

Hi, Wonder if anyone can help. My OH has a default on his record from Egg. We settled the debt immediately, therefore owe them nothing now. Which route do we take to get this removed, the surlybonds letter route http://www.consumeractiongroup.co.uk/forum/legalities/24013-defaults-proposed-method-removal.html or this one http://www.consumeractiongroup.co.uk/forum/legalities/11659-how-get-your-default.html i think i read somewhere that one is more for if you still owe the money and one is for if the debt is settled but i'm not sure which is which. Any help would be greatly appreciated. thanks snootyxx

do i need to send a covering letter with court bundle?

Been watching with interest. Have to say that's Bl***y Mervalous! sorry He He!

Damnit! Barclays posted 11th hour acknowledgement. Just stalling to get their full 28 days i'll bet. Oh well looks like i've got a lot of paperwork to start to compile just in case:mad: .

Thanks Bookworm, almost gave myself a heart attack then. :o Do you know what time in the day they have to respond to claim, today's the day and we've heard nothing yet. When can we apply to win by default if they don't respond? (I presume you can do that on the MCOL website too.)

Hi all. Panic mode enabled..... I'm helping a firend out with their claim, we completed MCOL and it was issued 15th Sept, 14 days up tomorrow. After doing a bit of extra reading, to add to the mountain i've already done i see that i was supposed to send a copy of the schedule of charges being claimed to the Court and the bank. I haven't done this, does it matter? Can i send it out now or would it be a waste of time. Would it be better to wait until tomorrow to see if they acknowledge the claim at all. PLEASE HELP. i'm afraid i may have mucked up big time.

Thanks for that, i'll keep you posted:)

Also am i right? in assuming that the Stat notice pursuant to sections 10/12 is OK to go as it is with no changes?

Hi, A little advice needed if you would be so kind. I have your template letter and need to adjust it a little to fit my circumstances, i wondered if you could look it over for me. This is quite a recent default of my husbands and he does remember getting a default notice from egg. So here goes (The bits i've put in red i would like to take out/amend as they aren't really relevant, will it still work?) F.A.O. Data Controller Egg Plc Formal notice to desist from processing or disclosing personal subject data Re: Account Number xxxxxxxxx Dear ? With reference to the above account number, which has now been settled in full. I note that a default has been issued against this account, however as this account is now settled and therefore the contract between us no longer exists I am contesting that Egg Plcs continued processing of my data is an unwarranted act and I enclose a Statutory Notice to that effect, which is deemed served as of the date noted on the Royal Mail's Recorded Delivery service audit. My written permission allowing Egg Plc to continue processing, or disclosing, my personal subject data was revoked upon termination of that original contract and I hereby reiterate that revocation. I also do not recall receiving any such Notice of Default being served on me, as required by the conditions of the Consumer Credit Act 1974. Unless the Bank can provide a true copy of the said Notice, then I consider that any default entry on my credit files to be wholly unwarranted. However, if you can supply the copy, then I also contest xs’ continued processing on the following grounds. As you are aware, I am afforded principled rights under the Data Protection Act (Data Protection Act), Schedule 1, Part 1 ("The Principles") in relation to the manner in which my data is collated, stored and processed. Of particular note, are Principles 3, 4 and 5: “3. Personal data shall be adequate, relevant and not excessive in relation to the purpose or purposes for which they are processed. 4. Personal data shall be accurate and, where necessary, kept up to date. 5. Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.” In my case, Egg is still processing data after the cancellation of the contract, whether or not this is a simple renewal process of the default flag, daily or by other timing factor. As that contract is no longer in situ, then my written permission has also ceased from the date of cancellation. This is confirmed in Principle 2 of the Data Protection Act, which states: "2. Personal data shall be obtained only for one or more specified and lawful purposes, and shall not be further processed in any manner incompatible with that purpose or those purposes." I emphasise the term "specified and lawful purposes" as in ‘those specified within the contract’, and no more. I also emphasise the term "shall not be further processed". I have taken the matter up with the Credit Reference Agencies, and they had claimed that they had a

Thanks for the advice, didn't mean to hijack your thread annamarie:oops: . I'm doing this for a friend as a test run for my own, it's coming in useful as i should know what i'm doing by the time i get round to doing my own:o

Cool, they worked then?

Do you know which Barclays address to put on Moneyclaim?

I see from your signature you are trying it with the Halicrap too. I'll watch with interest as it's them i want to go after (default and bank charges!)

I see, the thing that confused me was the template letter was written as if it was to go to CRA's, but the version in the "Default Hell" thread was amended to go to the actual companies the contracts were with. So i didn't know if it was best to send to the companies or the CRA.:?

That's what i was wondering too, because they say that the searches done when you apply for credit make your credit rating worse?!? How long do these stay on for?

Hi Surly, Just read the entire default hell thread ( great stuff) and noticed you had done some changes in it on your default removal template letters, are you going to post an updated version anywhere?

Hi Surly, Just read the entire default hell thread and noticed you had done some changes in it on your default removal template letters, are you going to post an updated version?

Yes, apparently so according to the guidance notes library, i feel better knowing that none of you know of anyone who's gone to court. I think the Halifax look like one of the ones that's going to play hardball though!

I'm in the middle of a practice run for my claim by helping a friend with theirs. We're at the stage of filling in a small claims form. We're doing this the old fashioned way as my friend has no home computer. I've just read the guidance notes about the court process and i have to say i don't get any of it, it was way over my head:eek: . Now i'm by no means thick but i'm just scared i will look like i don't know what i'm talking about if it gets that far and lose the case. How many people have actually had to attend court, what did you take with you and most importantly how did you wrap your head around the whole thing?? Any advice would be greatly appreciated.

That's good to know. I'm at the lengthy debating stage of whether or not to claim against them!

I was just wondering, of the people who have started claims against NatWest how many have had their accounts shut down?

I see what you mean but the branch in our town isn't a main branch so won't let you do that. we both work full time so it's hard to get to the main branch, also the money that was supposed to be in the account has disappeared and we don't know where it's gone because we've forgotten online banking details and don't get paper statements. I would be willing to claim from Natwest too if i wasn't so scared of them closing our account, they've been good to me over the years!

Thanks for that. i'm sure you can understand why i'm so bewildered! We'll wait and see what the bank manager can do for us and based on that decide what we're claiming for. Is anyone else sick of being skint!!!??