Default Notice, Termination Notice Hell !!!!!!!!

[phil_charman]

Ok Guys and Gals,

 

I have tried to remove a default placed on by a bank in respect of a student overdraft, which is all settled now.

 

I requested info using the templates namely the Default Notice.

 

They wrote back enclosing false documents, namely a termination notice incorrectly dated etc.

 

i wrote back agrueing that they are falsifying documents so they sent me a true copy of the one sent, it is the exact date my default is registered.

 

Two questions,

 

1. is a default notice the same as a termination notice?

 

2. If they terminated the account and submitted the default on the same day, have they not processed information on a terminated contract?

 

Its all very confusing now....please help.

[Lizzy]

I hope someone can help with those questions, I really don't know.

 

The reason I am posting is that if you have proof the contract has ended and the account settled have you tried this letter and notice ?

 

 

http://www.consumeractiongroup.co.uk/forum/legalities/24013-defaults-proposed-method-removal.html

 

It means that you did not give permission for the bank to keep transmitting your information for 6 years. So once the contract ended so did any permission to keep transmitting your information to the CRAs.

 

Did you receive a default notice ?

 

Who is the bank ?

[phil_charman]

No default notice or anything, they have sent me a termination notice they they say they have sent.

[Tinkerbelle]

A default notice is supposed to tell you what the creditor is planning to do to force you to bring your account up to date.

 

They can write to you again after they have sent a Default Notice, to tell you that they are terminating your account because you failed to bring the account up to date.

 

They cant' place a default on your file as the same date as the default notice. What are they thinking!!

[phil_charman]

the default date coincides with the termination notice, so am i right in saying that a termination notice will follow a default notice ?

 

should i still follow down the route of supplying a default notice i wrote back with this today;

 

Mr Phillip Jonathan Charman

xxxxx

xxxxx

xxxxx

xxxxx

Barclays

Consumer Finance Customer Relations

PO Box 362

Manchester

M60 3PN

Date: 6 November 2006

Our ref: Barclays.default.2

Your Ref: 1xxxxxx

Dear Ms xxxxxxxx

Account number – xxxxxxxx

Sort Code – xx-xx-xx

Thank you very much for your letter dated 2 November 2006.

I am disappointed to note that despite two requests you still insist on sending me documents that I have not asked for and that are not relevant.

I require a signed true and certified copy of the original default notice as required by the conditions of the Consumer Credit Act 1974 sent to me prior to the default being registered against my name. A termination notice is not sufficient and does not substantiate the default being registered.

Furthermore, I must draw your attention to the fact that you entered the default of the exact date of the termination notice and therefore, my written permission allowing Barclays Bank Plc to continue processing, or disclosing, my personal subject data was revoked upon termination of that original contract and I hereby reiterate that revocation.

As you are aware, I am afforded principled rights under the Data Protection Act (Data Protection Act), Schedule 1, Part 1 ("The Principles") in relation to the manner in which my data is collated, stored and processed. Of particular note, are Principles 3, 4 and 5:

 

“3. Personal data shall be adequate, relevant and not excessive in relation to the purpose or purposes for which they are processed.

 

4. Personal data shall be accurate and, where necessary, kept up to date.

 

5. Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.”

 

In my case, Barclays Bank Plc is still processing data after the cancellation of the contract, whether or not this is a simple renewal process of the default flag, daily or by other timing factor. As that contract is no longer in situ, then my written permission has also ceased from the date of cancellation.

 

This is confirmed in Principle 2 of the Data Protection Act, which states:

"2. Personal data shall be obtained only for one or more specified and lawful purposes, and shall not be further processed in any manner incompatible with that purpose or those purposes."

 

I emphasise the term "specified and lawful purposes" as in ‘those specified within the contract’, and no more. I also emphasise the term "shall not be further processed".

You now have 16 days from the date of my original letter of 24 October 2006 to supply me with the default notice. Failure to do so will not only lead me to take this matter to the Banking Ombudsman, as you suggested, The Office of Fair Trading and the Information Commissioner's Office, detailing how you have submitted information against my file without serving correct documentation and how you fashioned documents for the purpose of covering letters, with a very poor explanation, but also to collate my case and apply to the court for an order for removal of such notice.

Yours faithfully

Phillip J Charman

 

 

see what happens, would be nice to get some more ammo together ie, rules and regs about filing defaults etc as I know very little,

 

grateful for all help

[pford]

 

They cant' place a default on your file as the same date as the default notice. What are they thinking!!

 

they might be able to

 

 

Point to note

The date of service of the notice is the date on which the trader either delivers

or sends the notice by post to the customer. Where a notice is sent by post,

allowance should be made for delivery time when calculating the date by which

the breach must be remedied.

 

 

If it was ever sent in the first place

[phil_charman]

could i ask for proof of postage ?

 

we get this alot in our field and we do it to others when letters are not received.

[pford]

you could ask but i dout they got it:grin:

 

have a read of this all about default notice and termination notices

 

http://www.oft.gov.uk/NR/rdonlyres/758A497C-254B-4A23-AC96-9B97B8C978B1/0/oft020.pdf

[phil_charman]

so should a default notice be served before a termination notice ? very confusing, sorry to be a pain:(

[hondamad21]

Hi Phil,

 

I believe you are meant to get the termination notice 30 days before the actual default being applied to your account, although i am not too sure . . .

 

Here is a good website that i have found. . . .

http://www.learnmoney.co.uk/credit-cards/remove_default_notice.html

 

Best of luck anyway with all of this. . .

 

hondamad

[k65]

hi i have just recieved 6 years worth of statements on filling the spreadsheet i noticed my account has been charged 30.00 for default notice and this is the first ive heard of it, despite the default notice the bank has continued trying to collect money out of the account for a loan with the same bank, even though i wrote to them asking them to cancell every dd s/o oh and they are charging 30 pound a go , sorry for rambling on if im in defauly can they still operate the account and keep adding charges ???? and i have not had a termination notice