Hi, be VERY careful here A lot may well disagree with this, but if you were to pay them the entire amount today, that would make no difference to the length of the default staying on your file They are under no obligation whatsoever to remove the default once the debt is settled In this way, defaults are crazy - you could have someone that made ABSOLUTELY no effort to pay the debt and someone else who paid the debt in full - they would both have the damge for at least 6 years So, it would appear the Default more than likely occured in 2012 This means that in all likelihood the default won't come off your file until 2018. Are AIC claiming they actually own the debt, or ar they stating they are merely collectiong on behalf of Nat West? (Obviously you wont know that until they write) I would advise writing with a Subject Access Request under Section 7 of the Data Protection Act 1998 (costs £10 cheque) to get absolutely ALL data Nat West hold on you and the account.

Hi, as you can see, this thread is somewhat out of date (2009!) and since all this, the OFT lost their case against the banks For now, the charges are considered (in the main) to be lawful, until someone manages to take this issue to court and win on areas of law that were not explored by the OFT So, any Default entered against an overdraft with a blance that consists of charges is likely to be held legitimate by the Information Comissioners Office (the body that oversees data protection) and the banks themselves are VERY unlikely to budge on this issue themselves. Sorry to say it seems that your OD Default sounds legitimate, so it would be a matter of waiting the 6 years from the date the default took place for it to drop off your credit file. The only avenue I can see (at laest for now) worth exploring is you mention various dates above with regard to residency in the USA, etc but you dont say when you actually stopped paying into the overdraft So, 2 key questions: 1) What date did you stop paying funds in against the overdraft debt? 2) What date did the overdraft go over its limit and not go back under (for example, if you had a £2,000 overdraft and it went to £2,100 and never went back under the £2,000)? MODS: Can these posts be put into a new thread please to discuss Optimists issues?

Hi Unfortunately, the original overdraft agreement would probably state they were entitled to ask for repayment on demand This being the case, they were entitled to enter a default as you failed to pay the full balance when they withdrew the overdraft with 30 days notice Even if you had the £100 a month agreement in writing, I doubt this would prevent them being able to register the default The only possible recourse here is to ask them for a copy of the original agreement that they claim gave them the right to withdraw the overdraft facility on notice and also the right to record a default This may be clutching at straws though

Sure Andy (and other more learned members ) will provide better information, but I'm pretty sure that even in small claims as they discontinuted you are entitled to make a wasted costs order application? LIP rate is £9.25/hour, unless that's changed recently? On the data processing line, they still have to prove the data they are processing is accurate and if they cant supply a decent agreement and FULL records of the amount being reported as the default, could well be worth a complaint to the ICO - nothing ventured, nothing gained?

OK Will look at the DN tomorrow Cheers

If it just said "rectify in X days" no, thats not sufficient Do you still have the default notice/copy/scan?

As Citizen B above, can you direct us to a copy of the agreement? (scan, etc) And did you get a default notice? I'd be inclined to let them attempt court on it - you can always agree to pay a fixed sum if they come up with the goods, and you can get that sorted by the court rather than them hassling you to pay more than you can afford But 2 things stand in the way of that court order: 1) that the agreement copy isn't up to standard (likely) 2) that the default notice wasn't served in the correct manner (HIGHLY likely)

BD, have they actually shown proof of a valid consumer credit agreement? How long ago was the debt last paid? Without a valid CCA 1974 compliant agreement Lowells would not be able to force through a SD (as long as you challenge it!) If you pay ANYTHING you would reset the 6 year limitation rules

Hi all, looking at helping a friend claim back from SPML (he paid off a mortgage with them a few years back and IMHO they took him to the cleaners on charges etc Is it possible to claim from Ascenden, or is this a FSCS case?

Only just seen this when searching for similar info - that really was a cracking result! - 30k miles over the allowed and that happens? thats like 2 years worth of free car - well done! My situation is slightly more complicated in that its a conditional sale where I defaulted and they are attempting to invoke an excess mileage charge I'm claiming UTCRR on the basis the excess charge would make them a serious (£K's!) profit over and above actual costs Time will tell how that argument goes - claim is due at hearing in a few weeks time

Asda pizzas (the choose your own toppings ones) are the best value IMHO Just cant get my head round Dominoes etc - I'm not tight and will happily pay well for a good meal but Pizza? Nope!

Good grief, what a fantastic reply! Many thanks for your time, we'll give it all due consideration Cant help thinking he would do better waiting for further developments in the higher courts or through amended statute prior to taking action After all, assuming the landlord makes no move to place the deposit in an approved scheme, he would have up to 6 years to take action! Thanks again

Hi all, I'm attempting to assist a friend He has vacated a property and requested the desposit be returned An inspection (non independent) was carried out and all appeared to be well Almost a week later when he started chasing for his deposit, the landlord claimed a number of issues that he is attempting to charge from the deposit 2 main issues: 1) No formal inventory taken at start of tenancy 2) LL admits the deposit was never placed into TDS approved account So, My feelings are that without a signed "before" inventory they have no grounds whatsoever for deductions (I might add there was absolutely nothing wrong with the property when it was left - if I thought he was trying it on with the LL I wouldn't waste my time and energy on this) In addition, I believe he is fully entitled to the 3 x deposit compensation, but I know this is currently very tricky ground due to the various appeal cases I would note though that this case appears to differ from those in that no deposit has been refunded and obviously he would learn from mistakes made by others and include in his POC a statement regards non supply of the prescribed information The amounts definitely fall within TDS, as does the date (well after the date TDS came into force) In addition, it is clear that at various times the landlord entered the property without written notice - is there any penalty that can be imposed for this? Thanks for your time

Bump! Anyone got an opinion? court claim is due to be heard against me in a matter of weeks!

Hi all, Before starting I would state I am no stranger to my local County Court (right back to my credit card penalty charge days some 6 years ago!) and although nervous, have no qualms about taking this square on My car finance company is taking me to court for a seizure of goods order based on 2 months arrears (I have paid over a 1/3rd, otherwise I think they would have just nabbed it) They have issued a default notice, termination letter, letter asking me to hand the car back to their collector (NO!) and as I declined this (though offered to settle by spreading the arrears across the remaining installments IF they deducted unlawful penalties) they started court action The court papers are a type I have not come across before, they state: "Notice of issue of fixed date (summons or originating application)" and it gives me a court date in a few weeks time (not enough time for 28 days between the issue date (whether or not you allow for postage time) to allow my 28 days Defence time following the AoS I intend to serve to them and the court General points: 1) The default notice has penalty charges stated separately from the arrears (but then rounded together to give the default amount due - Does this make the DN invalid as I believe? (assuming I ask them to prove the default charges for DD non paym,ent etc are a true reflection of costs incurred) -If it does, I take it the Termination (and thus the court action) are also invalid? 2) The DN appears valid from a dates position and general text seems as it should be, but I also believe it falls foul of some of the prominence requirements and such like required by 3) The agreement contains a term allowing them to charge an excess mileage charge, which if introduced will make them a ridiculous profit over the actual loss caused by the higher mileage (I'm talking gains of £K's!) - I'm assuming in this I can invoke both UTCRR and S140a to put them to proof of actual and genuine loss and that the term is not foul to S140A? 4) The amount claimed as the balance owing makes no allowance for early payment regs - are they required to allow for this when terminating and seizing? 5) They claim damages but fail to state an amount or comment as to how damages have been caused 6) The claim interest at the agreement rate "from the date of maturity until full payment" - am I to assume this means interest after judgment - do they have to have

Hi, intriguing thread My Duncton agreement is conditional sale, but the V5 is squarely my name, my address? Mattie, you say about issuing proceedings re the tracker fitment - what are the grounds for action on this - DPA1998? Also, what is the law regards removal of vehicle from private land then?

Have either of you managed a successful SAR to GMAC/Paratus? Thanks

You're correct about the 14 days being invalid, it should be thrown out of court on this alone However, on the "arrears only" issue there seems to be a fair amount of debate on this and it is not something I would try as a LIP, though others may disagree with me on this How much is being claimed (dont give the exact amount as this may give clues to the other side, just say "in excess of" or "in the region of" Is it likely to be Small claims (less than 5k), Fast Track (less than 15k) or Multi Track (15k+) - if its likely to go either fast or multi track (quite often it can be argued that even small claims value should go to fast/mult on the complexity of the case), it might be worth running by a no win no fee solicitor to see if they are interested? Others may disagree but I would certainly consider legal representation if its likely to go to fast or multi If it will stay in small claims you could probably get it argued out on the basis of the default notice being invalid (with the help of the good people on here), but you do need to read carefully

Hi Em, chin up, things will get better On a practical note, have any of your loans/cards got PPI (payment Protection Insurance) on them? This could be a way to reduce the debts as a lot of these policies have been missold so can be reclaimed (this question also extends to the debts you paid off via your FiL?)

SoW - I cant believe what I'm reading here - you had £5.7k purely in charges??!!! What did the charges consist of?

Assignment via law of property act 1925 info HERE AND HERE As said above, get a few comments on my statements above before you act, just so there is a general consensus of opinion in the best way to act

The DN is invalid the change to 14 days notice took place October 2006, so this DN is well inside those requirements The dates from 23/02 to 08/03/08 do not allow 14 CLEAR days (that is, the day after you received it to the day prior to the day on which they will take action) Actual date should be 11/02/08 for action, and thats if you are being very generous with post times (via the legal interpretation of 1st class post - 2 working days it would be 13/02/08) The issue regards the term 5 is also very relevant, this would of course show up their paperwork as inaccurate (at best!) I also note their reference to assignment - you should be asking for a copy of the notice of assignment to show that they have full legal assignment that would allow legal action, without it they cannot bring a claim (and even with it, the DN stops them) Dont know what others make of this, but I'd be inclined to apply for a strike out (particularly if you have the original DN that was sent to you?)

Oooh! Now THIS is very interesting Abs - is there a thread that elaborates more on this as I'm sick of the grief from loads of DCA's re overdraft with LTSB? Thanks

Hi angling man, how did you get on?

Good grief Barty, you dragged that one out the archives! My original post was 4 years old