NTL default removal

[Guest willowb]

Yes, if they can't supply it then you can use this route to claim. It depends on how recent the default is really, they are getting better at storing the information.

 

SB's approach doesn't require this, his contention (as you know) is that they have no lawful right to process/control you data once the contract has expired. I think that (for myself anyway) the first route is to request certified origional documentation, if they don't/can't do this you are on a winner. If they do then you are claiming against their arbitrary right to supply your data to the CCAs. At the end of the day, SB has them in an absolute whirlwind.....if it goes to Court (as with Bank Charges) then their common practice will be challenged and defeated because it is afterall unlawful, Surly has proved that to us.

 

Wxx

 

If anything I have said here is in error, please someone correct me?

[un1boy]

Would a certified copy of the default notice be required for my default removal process with Telewest?

 

At the end of the day, my understanding is this - if they cannot produce a copy of the original default notice that was sent, what proof do they have that it exists? A court would require evidence that it is true - I piece of paper, or a screenshot saying on was sent would not be sufficient, in my opinion, especially as the CCA explicitly states what should be in a Default Notice- sending a copy of one they would send today is irrelevant, they need to prove that the one they alledgedly sent you is correct.....that's the process I'm using with HSBC at the moment....

[Guest willowb]

Thanks loads Willow....you're a star - check your rep!!

Cheers me dear:D

 

Wxx

[un1boy]

Yes, if they can't supply it then you can use this route to claim. It depends on how recent the default is really, they are getting better at storing the information.

 

SB's approach doesn't require this, his contention (as you know) is that they have no lawful right to process/control you data once the contract has expired. I think that (for myself anyway) the first route is to request certified origional documentation, if they don't/can't do this you are on a winner. If they do then you are claiming against their arbitrary right to supply your data to the CCAs. At the end of the day, SB has them in an absolute whirlwind.....if it goes to Court (as with Bank Charges) then their common practice will be challenged and defeated because it is afterall unlawful, Surly has proved that to us.

 

Wxx

 

If anything I have said here is in error, please someone correct me?

 

That's my understanding of it Willow!!

[Guest willowb]

Sigh of relief:D

 

Wxx

[file_wizzard]

At the end of the day, my understanding is this - if they cannot produce a copy of the original default notice that was sent, what proof do they have that it exists? A court would require evidence that it is true - I piece of paper, or a screenshot saying on was sent would not be sufficient, in my opinion, especially as the CCA explicitly states what should be in a Default Notice- sending a copy of one they would send today is irrelevant, they need to prove that the one they alledgedly sent you is correct.....that's the process I'm using with HSBC at the moment....

In theory they could avoid the need to provide a true and certified copy of the notice if they were prepared to submit a witness statement to the court that validated the process or procedure behind the automated issuing of defaults, however this is unlikely to be accepted by the court without additional substantive evidence, and it is also unlikely that the Creditor / data controller would be foolish enough to try this route unless they were 100% sure they could adequately defend their position by the use of a witness statement only.

[un1boy]

That's interesting...

[TheDean]

A court would require evidence that it is true - I piece of paper, or a screenshot saying on was sent would not be sufficient

 

So presumably, unless they have some kind of proof of postage (it was never sent anyway) then they will lose in court, but most likely, they would never let it get to court?

[un1boy]

So presumably, unless they have some kind of proof of postage (it was never sent anyway) then they will lose in court, but most likely, they would never let it get to court?

 

This is my personal opinon and I by no means have ANY legal expertise...I cannot tell whether they will take it to court, my only knowledge is that a Judge will want to see proof - whether they can prove it in other ways I don't know....

[zonecrew]

After a lot of thought I am going to send NTL a LBA giving them 7 days to comply (also enclose another copy of SB's letters as they requested)

 

The reason is the default was registered to my name but at a previous address and it took 2 weeks for them to get back to me and ask for my previous address (i didnt include it in my original correspondance)

Just want to be double-sure everything is right before I go to court.........which i will do at the end of next week if need be

[Guest willowb]

If you think about it logically, financial institutions are 'keepers' 'controllers' 'processors' of all our financial information, therefore are setting themselves up to being the power which stores all the necessary documentation to substantiate any decisions made by lenders on behalf of you (via the CRAs).....so yeah....flippin' right they need to have the origional docs, they have absolutely no right to claim to have defaulted someone if they don't have the proof to back it up and I don't mean just proof of delivery or a template etc.....but hard evidence......

 

IMHO

Wxx

[un1boy]

If you think about it logically, financial institutions are 'keepers' 'controllers' 'processors' of all our financial information, therefore are setting themselves up to being the power which stores all the necessary documentation to substantiate any decisions made by lenders on behalf of you (via the CRAs).....so yeah....flippin' right they need to have the origional docs, they have absolutely no right to claim to have defaulted someone if they don't have the proof to back it up and I don't mean just proof of delivery or a template etc.....but hard evidence......

 

IMHO

Wxx

 

I agree - IMHO as well!!

 

I will be sending them an LBA sometime soon anyway....will keep you posted!

[TheDean]

If you think about it logically, financial institutions are 'keepers' 'controllers' 'processors' of all our financial information, therefore are setting themselves up to being the power which stores all the necessary documentation to substantiate any decisions made by lenders on behalf of you (via the CRAs).....so yeah....flippin' right they need to have the origional docs, they have absolutely no right to claim to have defaulted someone if they don't have the proof to back it up and I don't mean just proof of delivery or a template etc.....but hard evidence......

 

IMHO

Wxx

 

Excellent post Willow! I agree wholeheartedly! It's post's like these that really spur me on and help me clear my Telewest default. (Check your Rep) As a matter of fact - I went into my Back yesterday (RBOS) and requested my last 6yrs of statements to claim charges back - I think we'll be seeing yet another claim down purely to this website (...and of course a 5% donation assuming I win!)

 

Thanks a lot guys.....The ground work is getting laid and I WILL remove that god awful Telewest default - even if I have to go through the courts!!!

[un1boy]

 

you will win!

[Guest willowb]

Excellent post Willow!

(Check your Rep) !!!

Geee thanks:D

I couldn't see a rep from you:( ......I don't understand the system anyway, I do click on people's scales but I'm not sure how it works really:confused:

 

Wxx

[Tinkerbelle]

Make sure that your POC include a final line stating out what it is you are seeking.

 

e.g. The Claimiant is seeking the [insert what you are seeking here]

 

examples; 1) removal and destruction of all personal data supplied to all Credit Reference Agencies not limited to Equifax, Experian and Call Credit (2) the removal of the default notice applied on [date] (3) whatever other reason you are filing the claim.

 

Just try and make sure that your POC covers as much as possible.

[Guest willowb]

(Check your Rep) !!!

Spotted it now...d'oh!! thanks sweetie:)

 

Wxx

[zonecrew]

fob off letter received today from NTL. I am now happy I've given them ample time to sort it out, court action to begin on Monday

 

will keep you updated

[zonecrew]

N1 was served to NTL on the 15/11/06

[un1boy]

Excellent, good luck!

 

Is this to stop them from processing your data, or just to remove the Default?

[Guest willowb]

I get a little confused about this...LOL. The two are the same aren't they? except that if you are satisfied that they have stopped processing adverse data (i.e a default) then your claim would be satisfied. But if you were not satisfied with just this and wanted them to stop processing your data full stop then it's the same argument isn't it?:-| Except that, as Tinks stated above you need to express in your particulars exactly what you want out of the claim.....I am seeking the removal of a default......my contention is......and then quote the relevant law etc etc....

 

I'm feeling like such a dingbat today:oops:

 

Wxx

[Tinkerbelle]

Explained slightly differently:

 

examples

 

1) removal and destruction of all personal data supplied to all Credit Reference Agencies not limited to Equifax, Experian and Call Credit

 

OR

 

(2) the removal of the default notice applied on [date]

 

OR

 

(3) the immediate return of my siamese cat kidnapped by xxx on 14/02/1006

 

OR

 

(4) whatever other reason you have for filing the claim.

 

 

The above are just examples

[Guest willowb]

Or....you could put it like that!

 

I hope you get your cat back:( ....LOL

 

Wxx

[Tinkerbelle]

I've never had a cat

[Guest willowb]

phew! you had me going then!

 

Wxx