Default Removal - Mabore vs Egg Card

[mabore]

Hi Everyone

 

I’m getting the ball rolling to remove some defaults (May-06 to Aug-08 that have been satisfied with egg.

 

Is this the right starting point?

 

Egg Card Services

BH2

Basildon

SS14 9AA

Date: 22 Oct. 07

 

 

Dear Sir or Madam

Credit Card No: **** **** **** ****

After recently obtaining a copy of my credit file from Experian I was concerned to note that your company has placed a "Default" notice against an account in my name.

 

 

Further to this I have no recollection of ever receiving such a notice, and I therefore require you to substantiate this data at your earliest convenience.

 

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number 1587 716732.

 

2. You must supply me with a signed true and certified copy of the original default notice

 

3. Any deed of assignment if the debt was sold on

I would request that this data is provided to myself within the next 28 days, if you are unable to provide this data then I must insist that it is removed from my files as unsubstantiated.

 

Yours faithfully

Mr mabore

 

Thanks

[Cmdenny]

Hi Mate - Check my thread "Egg defaulting on Closed Account" - still on going - I am waiting to go to raising claim throuh small claims court when I can get the appropriate text for MoneyClaim

[steven4064]

Cmdenny

 

We strongly advise that you don't use moneyclaim online. For a number of reasons, it is much better to file in your local court using a form N1.

[mabore]

Hi Cmdenny & steven4064

 

This is the reply I got from egg

 

Dear Mabore

 

Your Credit Agreement Request

 

Further to your recent request, I have pleasure in enclosing a copy of your signed Credit Agreement in accordance with your rights under the Consumer Credit Act 1974.

 

 

Yours Sincerely

 

***** ******

Data Protection Manager

Egg Banking plc

 

Encl.

They sent this back to me on 25th Oct 07 and didn't even mentioned the default

 

What would be the best course of action next because the 28 days have now passed?

 

Thanks guys

[steven4064]

Hi mabore

 

Can you post what they actually sent you (personal details removed, of course)?

[mabore]

Hi Steven

 

This is what they sent:

 

ImageShack - Hosting :: eggreplyud8.jpg

 

Agreement:

 

ImageShack - Hosting :: agreement1of2ax0.jpg

 

ImageShack - Hosting :: agreement2of2da5.jpg

 

 

Thanks

 

Mabore

[steven4064]

Thanks Mabore

 

What they have sent you is a properly executed agreement. So, next step?

 

You say they have put defaults on your credit file - why are these not correct? There is not enough detail in your first and subsequent posts to tell.

[mabore]

Hi Steven

 

After being declined for a business bank account I obtained a copy of my credit file to discover a default entry (Mar 06) entered. I never received a default notice from Egg Card at all. The account is paid in full and closed.

 

Thanks

 

Mabore

[steven4064]

Thanks

 

But was the entry legitimate? ie was it a genuine default or was it an error or due to unlawful charges? ON what basis are you requesting it to be removed?

[mabore]

Hi Steven

 

It’s on the basis it isn’t legitimate. Doesn’t a default notice have to be served under (s87(1) of the Consumer Credit Act) before it is applied (I read that somewhere)?

 

There could be a case regarding unlawful charges but I don’t have any statements? All my payments were made by direct debit with a few manual payments.

 

This what my file is showing:

 

ImageShack - Hosting :: equifaxpq1.jpg

 

Thanks

 

Mabore

[steven4064]

Hi Mabore

 

The link is not working

[mabore]

Hi Steven

 

This one should work.

 

Free image hosting

 

Thanks

 

Mabore

[steven4064]

Sorry Mabore, the first one was OK, I looked at it quickly and didn't recognise it for what it was :o

 

I have spoken to one of my colleagues about this. He wonders whether you have misinterpreted what is meant by served. The term 'served' really means it has been posted to your address - not quite the same as you receieving it, I know.

 

We think that you only chance of getting the default removed is if Egg can not produce a copy of the default notice. Even then, it may not be possible to get it removed.

[mabore]

So should I just follow the steps on removing a default from w w w learnmoney. com etc. And if they can't produce the default (it's been over a month) or they try to fob me off with some bank talk could I take it to court.

 

Cheers

 

Mabore

 

 

[steven4064]

Mabore

 

What they have already sent fulfills their obligation under the CCA 1974 - there is no requirment for them to send that under the CCA.

 

I think what you will have to do is send an SAR under s7 of the Data Protection Act 1984. Ask them for all information they hold about you but specifically ask for a copy of the default notice. If they have it, they must supply it under the DPA.

[mabore]

Thanks Steven

 

I will keep you posted.

 

 

ps. should I just use the Subject Access Request Generator and play around with it.

 

Thanks again

 

Mabore

[steven4064]

ps. should I just use the Subject Access Request Generator and play around with it.

I don't know what you mean by this. There is a SAR template in the templates library - modify that.

[mabore]

Hi Steven

 

Is this ok?

 

 

The Data Controller

Egg plc

Riverside Road

PridePark

Derby

DE99 3GG

 

Data Protection Act 1998 - Subject Access Request

 

Dear Sirs,

 

Please supply me with all of the personal data that you hold to which I am entitled under the Data Protection Act 1998. In particular, I require an original copy of any default notices, complete list of transactions and charges relating to my history with your organisation. Alternatively, a complete set of statements will be acceptable.

 

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or manual notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you.

 

I enclose the statutory maximum fee of 10 pounds. You have 40 days in which to comply.

For the purpose of identification, please see the attached sheet for other names and addresses I have used in the last three years, along with my account details.

Thanks

 

Mabore

[steven4064]

I would ditch the "alternatively, a complete set of statements will be acceptable" in case they think that gets them off the hook about the default notice.

[mabore]

Will change

 

Thanks

 

Mabore

[mabore]

Hi Steven

 

Egg have replied back to my request (S.A.R - (Subject Access Request)) with all my old statements but still no default notice. Looking through the statement they have charged me with 2 overlimit fees (20 each) . Could I use that as a starting point to get the default removed or demand it to be removed because they haven't supplied a true signed original default notice?

Thanks

 

Mabore

[steven4064]

You should reclaim the 2 lots of charges anyway. However, on its own, it is probably not enough to get the default removed as I doubt you can argue that you would not have defaulted had it not been for the charges.

 

However, you are entitled to a copy of the default notice. i would write and point out that they have not fully complied with your DPA request. there is a letter in the templates library for DPA default.

[mabore]

Hi Steven

 

Is the the one:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html

 

and use template 1?

 

Also regarding the days left are we working in working days or just days?

 

Thanks

 

Mabore

[steven4064]

Yes, that's the one. Days are elapsed days for the DPA.

[mabore]

Hi Steven

 

I received the following letter from egg this morning regarding the default. Basically they don't have it.

 

Free image hosting

 

Should I send letter 2 for non - comp after the 40 days have passed? If they can't send me a copy and I've never received one I'm not giving up on it.

 

Thanks

 

Mabore