BCT Defalt removal Success

[liquidauctions]

Just had a default from BCT removed today so thats 1 down and 2 more to go.

BCT defaulted me when my car was subject to insurnce claim and also mis sold gap insurance to me (I did not qualify for it as my car had more than the maximum miles allowed by GAP and BCT knew of this).

 

Heres what i did

1.

Wrote first letter 15/12/2010 stating i had no knowledge about this default and asked them to substantiate this with a full SAR.

About a week later they sent me just the HP agreement and default notice.

 

2. I wrote back asking for a full SAR and provided 14 days on 23/12/10. Got no reply

 

3. I reported them to the banking ombudsman

 

4. I wrote my final letter 2 days ago on 16/01/2011 shown below

 

Without Prejudice

It has been duly noted that you have failed to supply a subject access request which I am entitled to under the Data Protection Act 1998. You have received my last letter dated 23/12/2010 which you received on 30/12/2010 (receipt attached). In my last letter I requested a full Subject Access Request, I provided the statutory time of 14 days for you to furnish me with the full request or a reply which has now lapsed.

Your company has provided me with an unwarranted default notice and this must be removed. Please take the following points into account.

1. The original HP agreement is not valid due to A. The HP number is not printed in the proposal and just hand written. B. A cash value of £1000 is showing when I paid £0 cash and £1000 part exchange.

2. You should not have provided my account information to credit reference agencies due to the original signed agreement not containing such phrases as “We will report to credit reference agencies”. (Please see point number 3)

3. You cannot enforce any terms on separate sheet as in passage (4) under section “By signing this agreement, I/We confirm that”. The Consumer Credit Act and in particular si 1983/1553 which requires the prescribed terms to be within the agreement NOT in a separate document.

4. The default was issued when the vehicle was subject to insurance claim.

5. Information provided to the credit reference agencies show that all payments up date then a default without notice (attached). Information on Experian shows many more discrepancies.

Other points regarding the account

6. GAP insurance miss sold and possibly PPI

7. A payment continued on even after the car was written off, there is no mention of this in my HP agreement that I signed (see point 3).

You have 14 days to remove the default or provide the full subject access request. I have completed a claim form which I attach in the event of further non compliance. If the default is removed then no further action will be taken.

Due to your lack of co-operation I have already referred this matter to the banking ombudsman.

Regards

 

I also filled out an N1 claim form and sent that with the letter on 16/01/2010 just to show that I am willing to take the matter further.

 

Today Experian stated the default has been removed and im sure BCT will be confirming the same shortly

[ninjainthenight]

defaults during insurance claims are too common for my liking, in defence of these companies it is there software that is the problem and they didnt write the software!! not that that helps you in anyway, but that is almost always the reason unless they have acted particularly irresponsibly

[liquidauctions]

defaults during insurance claims are too common for my liking, in defence of these companies it is there software that is the problem and they didnt write the software!! not that that helps you in anyway, but that is almost always the reason unless they have acted particularly irresponsibly

 

Hi, When I spoke to them regarding the removal they straight refused untill I sent the letters