3 Defaults to Remove

[pfchute]

Hi Guys, been reading lots around the forums on this here is my situation.

 

Default 1 - Halifax Current Account

 

Default registered 08/07/2007 for £1,503.00 due to student overdraft account. In Oct 2007 i was awarded £999.18 reclaim of bank charges but stupidly did not insist a removal of the default.

 

I have since wrote to them asking out of goodwill if they could remove the default as the account is now settled and was made up mainly of charges. They replied that they would not be removing default as it was not made up wholly of charges.

 

I have replied today with two letters one more forceful claiming a breach of s.10, the other the first letter template from here Remove Default Notices on a Credit File - We show you how

 

 

Default 2 - Lowell Financial

 

This relates to a debt sold by HSBC again for a student overdraft account. It has also since been settled and the account closed.

 

As the entry on my CRF is made by Lowell Financial who i have never signed any documents with or never recieved a default letter from them can i have it removed.

 

I have also sent letter 1 from the learnmoney site to them.

 

 

Default 2 - Voadafone

 

As the amount was only small i wrote a letter asking that as the account was now settled if they could remove the default as a gesture of goodwill

 

Have recieved no reply and followed up with letter 1 from learnmoney

 

 

Please can you give me your opinions and advice on the 3 accounts as these defaults are currently stopping me from obtaining a mortgage.

 

Thanks in advance

Paul

[pfchute]

any thoughts

[car2403]

These letters are meant for credit agreements. You have overdrafts, which are exempt from the Consumer Credit Act, and service agreements, which aren't credit agreements at all.

 

It's not all bad news though;

 

http://www.consumeractiongroup.co.uk/forum/general-debt/87855-overdraft-cca.html

 

http://www.consumeractiongroup.co.uk/forum/general-debt/111275-overdraft-debt.html

 

http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/110184-car2403-barclays-bank-default.html

 

http://www.consumeractiongroup.co.uk/forum/telecoms-mobile-fixed/70464-mobile-phone-companies-consumer.html

[pfchute]

Thanks for your advice Car2403, i have read through many threads tonight where you have been helping newbies like me.

 

I have spent all night reading various threads on the forums and have come to the following conclusions please could someone confirm if they are correct and maybe point me in the correct direction as to the methods to use for each default

 

Default 1 - Halifax Current Account

 

Am i correct in saying that it would be a waste of time requesting the original credit agreement and original default notice as it does not matter with current accounts? As it is not regulated by the CCA

 

Therefore the best course of action would be to claim that the default was inaccurate because the majority of the default amount was made up of unfair charges that have already been refunded?

 

If that is the case would i send a s.10 notice or pursue with surley's letter?

 

 

Default 2 - Lowell Financial

 

Not sure where i stand with this one or how to start the procedure. I have never recieved any correspondance from Lowell regarding them serving a default so is that the best way to attack?

 

 

Default 3 - Vodafone

 

As with D1 are the requests for the credit agreement and default notice requests a waste of time and if so would sending surleys letter be my only option?

 

 

Also - Does a default remain on file 6 years from the date of default or the date of settlement?

[rory32]

I have removed your other thread as it is a duplicate of this one. Please keep to one thread per subject thanks.

[pfchute]

Sorry Rory thanksfor the update

[rory32]

Am i correct in saying that it would be a waste of time requesting the original credit agreement and original default notice as it does not matter with current accounts? As it is not regulated by the CCA

 

Not entirely. Overdrafts are regulated by the CCA they just have part V exemptions (form and content).

Therefore the best course of action would be to claim that the default was inaccurate because the majority of the default amount was made up of unfair charges that have already been refunded?

Yes I think so.

Not sure where i stand with this one or how to start the procedure. I have never recieved any correspondance from Lowell regarding them serving a default so is that the best way to attack?

When Lowell bought the account they also bought the default, so the default just gets reregistered in their name. They don't need to send you new default notice.

As with D1 are the requests for the credit agreement and default notice requests a waste of time and if so would sending surleys letter be my only option?

This agreement is not covered by the Act, but there would still need to be an agreement and a default notice served before a default was applied.

[pfchute]

Thanks for the advice Rory i will draft and send my opening salvos tomorrow. Going to proceed on the following course of action.

 

 

Default 1 - Halifax Current Account

Question default as being unlawful due to being made up of unlawful charges therefore a breach of data protection act

 

Default 2 - Lowell / HSBC Current Account

Request of origninal agreement and default using Surley's template

 

Default 3 - Vodafone

Request of origninal agreement and default using Surley's template

 

I will keep everyone informed. Also any answers to my previous question - Does a default remain on file 6 years from the date of default or the date of settlement?

[pfchute]

for defaults 2 and 3 would it be preferable to send a SAR rather than request the documents by using the the SurlyBonds Template?

[pfchute]

Also another quick thought before i fall asleep, RE: Default1

 

i have a claim case against Halifax Credit card account for over £1000 i am just about to escalate the claim to court as i dont think CC fees are affected by the OFT case.

 

However i would be happy to drop this claim if halifax remove the default relating to my current account. Is this a feasable tactic and should i include this in my letter tomorrow?

[car2403]

I think you need to send both CCA requests and a SAR to each company. They need to substantiate the Defaults they've registered by replying within the timescales provided - you need to play ignorant until they can prove that they are exempt. (The least that can happen will be you'll get a sarky letter back saying "we're not regulated by the CCA", "you're very silly", etc!)

 

By sending a SAR as well, you'll force their hand, as if they rely on not being regulated by the CCA, they still have to comply with your SAR - it needs to be worded in a specific way, though; (amend to suit)

 

Dear Sir/Madam,

Style Financial Services Ltd: ********

s.7 DATA PROTECTION ACT 1998 – DATA SUBJECT ACCESS REQUEST

 

 

I request that Style Financial Services Ltd provides me with all details held regarding my accounts, including, but not exclusively as I require access to all information relating to me as a Data Subject under the Data Protection Act;

 

§ Details of all default charges for unpaid items and fees charged for managing the above account, which I have paid in the last six years

§ Copies of all original Consumer Credit Act agreements for each account held in my name

§ Details of all assignments, whether equitable, absolute, legal or otherwise, of the account and documentary evidence of such assignment

§ Details of all manual intervention that has taken place on accounts held in my name, with documentary evidence of such.

§ Details of logic involved in any automated decisions you made about me, or my accounts with you.

 

Please note that this is not an exclusive list, as I require access to all information held by Style Financial Services Ltd regarding me, as a Data Subject under the Data Protection Act.

 

I understand that Style Financial Services Ltd is obliged to provide this information under the Data Protection Act 1998. I have enclosed a cheque for £10 to cover the statutory fee that can be charged for this service.

 

I look forward to hearing from you within 40 days from the date of this letter and before 1 January 2008, in any event.

 

Yours faithfully

 

If they can't provide original agreements, regulated or not, they can't rely on the agreement to default you as there is no evidence of the agreement ever taking place. (I can see you've already looked at my thread with O2 for the same reason)

 

Using the SAR takes a bit longer, but the process has the same effect in the end.

 

i have a claim case against Halifax Credit card account for over £1000 i am just about to escalate the claim to court as i dont think CC fees are affected by the OFT case.

 

However i would be happy to drop this claim if halifax remove the default relating to my current account. Is this a feasable tactic and should i include this in my letter tomorrow?

 

Why are you sacrificing one action to settle another, may I ask? You have a right to pursue both - it's up to them to be creative and offer you a settlement like this! Don't do their work for them! £1,000 for charges and £1,000 for unlawful Default does not equal Default removal and withdrawl of action, IMO... It's your claim, so I can't tell you what to do, but I think this is only something you should consider once they've fully disclosed their documentation and Defence to your claim on both issues.

 

CC claims are not covered by the OFT TC, but some Judges may still order a stay on them. Shouldn't really matter for you, as it could take 6 months to get to Court on this, if you stick to the normal timescales.

[pfchute]

Cheers Car2403! You have been a great help so far. Letters will be drafted today and get the process started.

[pfchute]

HI Car2403!

 

Sorry to be a pain but would you advise sending SurlyBonds letter as well as the SAR?

[postggj]

dont let halifax get you down

with me they have confirmed no cca for the credit card

no default notice in my sar

illegal charges

they are still playing hard ball, and will not remove default

have just issued n1

just keep at them

[pfchute]

Cheers for the advice Postggj. I dont intend to i have put up with this rubbish for long enough. Do you have a thread about your case? Thanks for your help.

[car2403]

HI Car2403!

 

Sorry to be a pain but would you advise sending SurlyBonds letter as well as the S.A.R - (Subject Access Request)?

 

You could, but I (if I was a Judge) would want to see you following due process to query the documentation in question first. For example, how can you issue a s.10/s.12 Notice if you haven't queried the documentation already? While this doesn't "buck your argument", it isn't logical to start issuing formal DPA Notices without first being able to back that argument up? Your argument being that the data they hold (remember, s.10/s.12 is the DPA, not the CCA, so you need to query the data, not the vehicle used to prove the data) is incorrect.

 

I've probably confused you now, but, in essence, I think you should stick to the process - request documentation, query documentation, issue formal Notices, then escalate your claim. Following any other process, or "skipping stages", may effect the possibility of the outcome being in your favour - and could result in you being termed a "Vexatious litigant", which isn't a good thing. (I won't go in to detail, but it's definately something you want to avoid!)

 

This is just my opinion, which is all I can offer - others may advise otherwise, but I have given you the way I would (and have!) managed my own claims...

[pfchute]

Excellent! I think that i get the idea now. Thanks Car2403 you help has been invaulable the SAR will be in the post tonight. I will keep you updated and following your progress with your cases in the meantime

 

Thanks again

Paul