Jen VS Style (RBOS) Default

[angeljen]

I hope someone can help me!

 

Here is the stage I am at:

 

LBA sent 22/09/06

Both Prelim letter and LBA included that bit about getting the default removed

 

Here is my problem, or query:

 

I was defaulted at £488

My credit limit was £400

My bank charges were £90

The account is now closed.

 

By my workings, if I was never charges unfair bank charges, I'd have been £2 under my credit limit and would not have been defaulted.

 

I understand this is not a strong case, but do I have a leg to stand on?!

 

Also, to get the default removed, as well as including that 'removal of default' bit in my letters (which I have done) -

Do I also need to send off that separate letter in the Templates Library, specific to the removal of the default?

[angeljen]

Thank you to Neo, who helped me out with this over the PM. Very much appreciated.

 

Seems like there's not a lot of help going in this section... Everyone is like 'help' - and there's not a lot of people coming to the rescue!

[angeljen]

As well as the two letters threatening Style with legal action, I also sent the default data protection act letter to their registered office. Soon after I received a reply from RBOS (Style's 'boss') who said they'd investigate and get back to me "as soon as possible".

 

Oooweeooo!!!!

[Notty]

Hi Angeljen

 

I think things have come to a bit of a grinding halt with regard to default removals. I am in a similar position to you. I have 2 defaults and both are at the DCA. I am paying them. Also sent the first and second letters with the bit about removing the default in them. I am now at the stage of the court claim but dont know what to put about the default removal. I should have filled in the NI form 3 weeks ago. I also did the surly bond letters to a default (paid) from 3 years ago but they didnt even bother to reply. Its difficult to know what you should do next isnt it. If I get any info on my travels I'll let you know.

[jamesbond]

you clearly state that there are unlawful charges on the account...this has got to make the data supplied to the cras inaccurate follow the proceedures in this forum and serve notice on the data controller accordingly...if you get an unsatisfactory response, either further the complaint with the Information Commissioners Office or file with the courts.

the judge is bound to act by the law and inaccurate data is a no no, and the data is inaccurate due to the application by the bank or card company of unlawful charges from the point they were applied to your account.

in court i would suggest that it would receive the same stance as the charges..no show and give in as they are not likely to disclose info about charges are they, and as the cause of all your inaccurate data is unlawful charges, the same argument will apply.

[angeljen]

Right guys - I am at the stage of requesting judgement.

 

The money part is filled in fine, but there is no space to add the part about default. Here is a letter I've drawn up to the court: (comments appreciated)

 

Dear Sir or Madam

Request for Judgement

 

Enclosed is my completed ‘Request for Judgement’ form.

I would like to draw to your attention, as part of the particulars of claim, I am requesting the removal of a default from my credit record also. I would like to request that you include this within your judgement.

Thank you for your service and I look forward to hearing from you in the near future.

[MARTIN3030]

Is this all of the letter Jen ?

 

Your claim partics addressed the defaults yes ?

[angeljen]

Yes it did. Anyways, off to court to submit my request. Nearly done now

By my workings, should be all sorted for starting the New Year with a clean slate

[angeljen]

Judgement awarded. Pennies should be in post! Yeah, I bet!

 

Spoke to the guys at RBSabout the default yesterday, trying desperately to hurry them along. Told the lady about my judgement, she said they didn't need to see that, that the letter was being signed today and I should receive a letter telling me what they were going to do. I found that quite strange. Yet although she gave nothing away, I felt quite positive about it. We shall see.

[angeljen]

Can I write to Experien with a copy of my Judgement against Style and get them to take off my default?

[angeljen]

Well, Experian are asking Style about it.

 

The Judgement apparently has nothing to do with the default. When asking the court, they said it's nothing to do with them.

 

RBS (Style) aren't taking it off, even though I send the full letter. See their reply here: http://i44.photobucket.com/albums/f1/jenniferamysmith/DSC00899.jpg

 

What do I do now?!

[angeljen]

Help received from Robertxc - Thank you ever so much - You're a star!

 

Next step: Enforce Payment!!!