halifax default credit agreements**WON**

[postggj]

after four months of getting noware with halifax i am going to put in a claim form. had a default registered with reference credit card. have done a subject access request. bank has informed me unable to produce application and default notice. asked them to remove default as they can not substantuate the debt. bank has now informed me under the consumer credit act they do not need one,only a copy, which is rubbish. any advice please and is there a template i can use in court to refute this argument many thanks

[powelll]

Have you CCAd them? Under CCA regs they must provide a copy of the executed agreement and breakdown of your account. There isn't a requirement under CCA for them to provide a copy of the default notice they just have to confirm it was sent to you.

 

What are you claiming from them via court?

[lihi]

This is a halifax classic, I didn't know I had a default until they wrote to me saying they were transferring me to Blair Oliver and Scott and that they'd already issued a default. According to my credit file they did this a couple of years ago.

[postggj]

i have cca them they just say they only need a like copy, they are unable to produce original agreement or default notice they just keep saying they do not need one

[postggj]

i am after the default removed from credit file

[pford]

same here link to last letter they sent me this been going on since july 2006

 

http://www.consumeractiongroup.co.uk/forum/legalities/21097-help-no-response-copy-8.html#post1141491

[powelll]

i am after the default removed from credit file

 

County court action isn't appropriate if you aren't trying to claim money or property from them. If you have sent the CCA letter and they are in breach then you need to let cred ref agencies know that the entry is in dispute ( they will mark this on your file ).

 

You then need to complain in writing to the data controller at the company ( I'm sure there's a template on here somewhere ). Keep a copy send recorded delivery. What you are basically arguing is that as they haven't satisfied your CCA request they shouldn't be processing your data for cred ref purposes. Not providing a copy of the executed agreement is a breach but as I said before they are not obliged to provide a copy of the default notice.

 

If you don't get a satisfactory response you then need to take the matter up with the Information Commissioner:

 

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

 

Tel: 01625 545745

Fax: 01625 524510

E-mail: mail@ico.gsi.gov.uk

Website: www.informationcommissioner.gov.uk

[postggj]

quick question

 

if a credit card company has confirmed they cannot locate the agreement/default notice, are they obliged to remove the default from credit files in law

 

many thanks

[gizmo111]

This is the information commisioners view on it.

 

http://www.consumeractiongroup.co.uk/forum/general-debt/110030-information-commissioners-office-view.html

[postggj]

going back to no agreement no default can a claim for financial defamation be made

[pt2537]

Hi,

just for info but it may be worth taking a look at this website LACORS - Subject Content Details

 

regards

paul

[postggj]

can someone say how much are court fees to remove defaults. through out cag £30 is quoted. my claim was charged £150

[powelll]

You can't remove a default unless it is incorrect ie shouldn't have been issued - it's not clear from your post what you mean?

[postggj]

i can confirm default issued ref credit agreement. finance company will not remove it . ....agreement not executed properly. defence wilson case

[powelll]

Have you already gone the route of writing to complain to the data controller at the finance company? If you have done this and there is a default which should have been removed then I would be more inclined to contact the Information Commissioner:

 

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

 

Tel: 01625 545745

Fax: 01625 524510

E-mail: mail@ico.gsi.gov.uk

Website: www.informationcommissioner.gov.uk

[postggj]

first thanks for your support ref welcome finance. looks like it is now comming to a final showdown.

the last default i have is an aqua credit card through halifax. through a bank error in 2005 full payment was not credited to my account. after three monts bank admitted fault and said all negative info would be deleated. i then closed account. roll on june 2007. checking my credit file ref welcome a default was issued by hsbos 2005. they had not deleated it. then no joy with the bank so i cca them. bank replied they have no cca or default notice on file. i then requested they remove default. the bank collections agreed to this. seven days later the default was still on credit file. i then asked for an explanation to which they said they have no record of my call. to there suprise i played back a recording of my conversation and informed them that in my cca all call will be recorded. they said no comment. this has now been going on for four months with the bank saying elevated complaints are dealing with it. all the time this default is on my credit file with no cca, and them showing no interest in dealing with the matter. i now want to issue n1 without going to the ico. has any one got any ideas on my claim form, many thanks

[reduk054]

Hi Postggj,

have all of your correspondence regarding this removal of default being over the telephone?

have you requested in writing?

what is the reason for not going to ICO?

Just wondering if this link will help you...to follow

Red

[reduk054]

www.insolvencyhelpline.co.uk/default-notices/how-to-remove-default-notices.htm

 

Have you contacted Experian/Equifax for your credit file?

Sorry I am like 20 questions tonight!

Red

[postggj]

thanks for your tme, ico i feel more delay, the bank has had four months i just want it to end as quickly as possible. i have requested a transcript of my call, they keep saying it has been logged, this was 3/09/07. the bank are just ignoring me

[postggj]

with ref cra. just waiting for my ccj by default with welcome. when i get this will be passing on to cra with complaint against hsbos. welcome have not acknowledged my claim. time run out tday

[reduk054]

thanks for your tme, Information Commissioners Office i feel more delay, the bank has had four months i just want it to end as quickly as possible. i have requested a transcript of my call, they keep saying it has been logged, this was 3/09/07. the bank are just ignoring me

 

The bank are ignoring you! For what ever reason they just dont seem to be playing ball! And you need the bank to write to you agreeing that the default be removed, so that you can update your credit file. (Is there an iminent reason, other than fustration with the bank, as to why you want/need your credit file updated quickly).

So is your intention to take court action to have the default removed?

I was not sure what you are planning from your post!

Red

[reduk054]

Post ggj, you said this in your first posting

"after three monts bank admitted fault and said all negative info would be deleated"

did the bank say or write this?

[postggj]

i now want to issue court claim. the collections dept at hbos agreed on phone to remove default.call recorded. now saying i never called them

[postggj]

i hav now found a mortage i can afford. with welcome off my back all that remains is halifax default. mortgage in doubt because of this

[reduk054]

I thought you were going to say that you were applying for a mortgage hence the urgency!

I just cant see that court is the best action as i am not sure if you can get defaults removed this way and also this will be a lengthy period too?! Were you advised by somewhere to take this to court

Red

 

Red