Abbey default removal

[Guest willowb]

Hi, it's me again!!!! :p

 

I have to tell you that the reason I'm 'going for it' is because we need to move house next year and we can only do this sensibly IF I sort out our finances.....so, this one's for Abbey, a bank account we had years ago with 2 years left on the default to run ( a request for statements was also sent for this account which I'm expecting very soon.)

 

I used SB's templete again...............YOU ARE A GENIUS! But then, you know that don't you!

 

Wish me luck!

 

Wxx

[Guest willowb]

Not a sausage from Abbey.....no letter, no documents NO NOTHING!!!

 

Sending LBA recorded delivery tomorrow giving them 7 days to respond.

Actually, do I still have to file a claim after the 7 days are up (could do without spending another £150 so close to Christmas)when they haven't produced any documentation? no certified default notice or even the origional agreement.

 

I should know this, my head is scrambled....sorry, that much going on at the moment....completely done in with it all. But I'll do what it takes to get it sorted out.

 

Wxx

[dayglo]

is this a 'settled' default?

[Guest willowb]

Yes it is, it is an old bank account that was defaulted in 2002 and settled about 3 years ago. I'm also waiting for statements from them for the same account, I had to make an official complaint to the ICO last week!!

 

Seems like they don't wanna send me anything!

 

Wxx

[Guest willowb]

I could hang on this and wait for my statements in the hope that the unfair charges will equal that of the defaulted amount. But the fact that they've not supplied me with anything yet, even after the stat notice was served is too precious!!! They have a week to go anyway, lba tomorrow.

 

But if they still don't respond do I just go straight to the ICO? or do I have to go down the small claims route?

 

Wxx

[dayglo]

ok come on now WilllowB, you've read enough of my posts to know that the ICO aren't worth the air that they breathe!

 

Trying to get them to understand this issue, never mind take any action, is like platting treacle.

 

Complaints to the ICO are like screaming at the sun, makes you feel better for a bit but ultimately fruitless.

 

HARDLY ANYONE WILL REMOVE A DEFAULT OF ANY SIGNIFICANCE WITHOUT GOING TO COURT.

 

just get y'self down to your court and file.... go on.... you know you want to!!

[Tinkerbelle]

LOL Plaiting treacle

[dayglo]

is plaiting treacle different from platting?

 

which one of us has spelt it wrong?

[Tinkerbelle]

is plaiting treacle different from platting?

 

which one of us has spelt it wrong?

 

Assuming you meant plait, as in plaiting hair, then you did

 

If you didn't then I stand corrected

[dayglo]

ok sorry - you win tinks

[Tinkerbelle]

[dayglo]

[Guest willowb]

Ok then, thought you may say that.....just wanted to save myself another £150 but it'll be worth it in the end!!!

 

lba off today, N1 will be done in 7 days.....

 

Wxx

 

p.s like the metaphor! how about this one.....it would be easier to staple jelly to the ceiling! ....or...or...this one......it would be easier getting a wet mattress up a spiral staircase!

[Tinkerbelle]

p.s like the metaphor! how about this one.....it would be easier to staple jelly to the ceiling! ....or...or...this one......it would be easier getting a wet mattress up a spiral staircase!

 

LOL

[Guest willowb]

Well, sent of the N1 form today, my particulars are as follows.....

 

The claimant wrote to the Defendant on 21/07/06 enclosing a £1 postal order requesting a certified copy of the default notice issued on account ********* on 16/1/03 as well as a certified copy of the origional agreement. After subsequent attempts to obtain a copies, the Defendant has failed to supply them. It is the Claimant's contention that he Defendant is obligated to supply copies under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit).

It is also the Claimant's contention that at no time did the Claimant grant permission, either expressly or implied for the Defendant to arbitrarily extend that permission to store, process or disclose any personal data beyond the cessation date of the contract. The Claimant believes that the Defendant's perceived right to arbitrarily choose to extend the length of that contract without the Claimant's agreement would be unlawful and unenforceable under the provisions of the Unfair Terms in Consumer Contracts Regulations 1999. The Defentant has failed to provide the Claimant with any evidence to prove agreement to such terms in perpetuity and it is therefore the Claimant's contention that the Defendant is in breach of both the contract itself and the Data Protection Act 1998, by the Defendant's continual disclosure of personal data.

Here Goes!

Wxx

[un1boy]

Hi iwllow, how did you approach this one - MCOL?

[Guest willowb]

Hi:)

 

In the space for 'claim amount' I put £5 and in brackets 'postage and stationary costs'. GlennUK suggested this to me and although I think that if I had enough money and could afford 2 claims at £150 each I would do but I can't so I'm trying it this way.

 

Wxx

[Guest willowb]

Oh and not MCOL.....just downloaded the pdf N1 form.

[un1boy]

ok, so you're going the monetary route which wil cost £30....right, I got it now!!

 

You can use MCOL if money's involved, can't you?

[Guest willowb]

Yes I think so, but I prefer to do 'the defaults' this way. The emphasis remains on the default removal and you get more room for your particulars of claim.

 

Wxx

[un1boy]

Ok....can you please clear some message from your PM inbox?!

 

But it still costs only £30?

[Guest willowb]

done:)

 

I think so. I dunno, it is Money Claim on line and I suppose I'm an old fashioned girl so I just went down the N1 route. It's blatantly obvious that you're not claiming £5 but if it's accepted then fine. I'm only just starting out myself, so someone more experienced may disagree.

 

Wxx

[un1boy]

Cool, well thanks for ts!

[Tinkerbelle]

MCOL means Money Claim On Line and means just that.

 

If your claim is for anything other than a claim for money you CAN NOT use MCOL.

[Guest willowb]

Oh goodie, I did right then:)

 

But Tinks what is your view on claiming a nominal amount to keep the cost of claiming down. I know that if it were a large sum and claiming for distress etc it may take the focus of the case away from the default issue and the Judge may not look favourably on the claim. But claiming a small amount like I and others are doing.....what do you think?

 

Wxx