N1 help re CCA request failure and Default Notice non-disclosure

[Smoothy]

So (if I have understood right) they wrote to you in xxxx of 2000 saying they have applied an overdraft to your account with a limit of £12500. This facilility was available for 12 months.

Is that about it?

[Peterbard]

Ok, got a reply from the sols regarding the above letter - quite a quick turnaround, I'm impressed.

 

Here goes:

 

They are being deliberately dense here.

The information from the OFT is based on a regulation. I will find it and let you know.

 

Peter

[un1boy]

So (if I have understood right) they wrote to you in xxxx of 2000 saying they have applied an overdraft to your account with a limit of £12500. This facilility was available for 12 months.

Is that about it?

 

Well, apparently, they reckon they had written to me in xx 200 saying i had a £250 overdraft which was available for 12 months....

 

I had a student account in 2002 and they defaulted me 2005 - so, what about the other letters they were meant to have sent when the account was changed ?

[un1boy]

They are being deliberately dense here.

The information from the OFT is based on a regulation. I will find it and let you know.

 

Peter

 

Thanks loads Peter...

[un1boy]

Any further comments anyone?

[pford]

Got a 8 marker on a HFC account logged with experion. Last week asked then could I have a status for the account before the default was added ye we still got that info so will post it out to you.

??????????? then why they insist on wiping out all past payments before the 8 maker??????? that is this relevant? But on closed and settled accounts they will show this info erm????????????????????

[un1boy]

Got a 8 marker on a HFC account logged with experion. Last week asked then could I have a status for the account before the default was added ye we still got that info so will post it out to you.

 

??????????? then why they insist on wiping out all past payments before the 8 maker??????? that is this relevant? But on closed and settled accounts they will show this info erm????????????????????

 

I know, it's crazy - but, what you have to remember pford is that these lenders are the CRA's clients and therefore will want to be able to make them as much profit as possible.

 

These lenders can hike up interest rates wtc just for having defaults on your CRA file, it's scandalous!!!

[pford]

Ye I know but why can’t they still show the payments up to the default? They do on settled accounts Might help us but them again not in their interest to show why it happened. A default is a default. They should be made to show payments up to default.

[un1boy]

They should be made to show payments up to default.

 

They should also be made to take responsibility for storing incorrect data and also be made to remove data they don't have alegal right to hold.

 

I am sure we will get there in the end!!

[Smoothy]

Just dont hold your breath!

I sent a letter to the Credit controller of a company that had replied to me. They claimed in their letter that they couldnt locate the executed contract and were not going to persue the matter and write the debt off. So i sent a letter to Experian and they did the usual, sent me confirmation that they had put an ammendment on file and would write to the company concerned. I got a letter on Friday from experian telling me that the reply that they had from the company said that the details that experian held were true and up to date therefore they would not be ammending my file.

Despite me having a letter to the contrary. We may get there in the end but its gonna be one helluva battle!!

[pford]

right got letter of them. payment history

 

8100012111101

 

erm this dosn't even match the statement of account HFC sent me. no why the late payment makers are as they wouldn't hange the payment date on the account to the end of the month.

[un1boy]

Just dont hold your breath!

I sent a letter to the Credit controller of a company that had replied to me. They claimed in their letter that they couldnt locate the executed contract and were not going to persue the matter and write the debt off. So i sent a letter to Experian and they did the usual, sent me confirmation that they had put an ammendment on file and would write to the company concerned. I got a letter on Friday from experian telling me that the reply that they had from the company said that the details that experian held were true and up to date therefore they would not be ammending my file.

Despite me having a letter to the contrary. We may get there in the end but its gonna be one helluva battle!!

 

I know, these CRA's are crap - I don't know how the directors of these companies sleep at night!!

[un1boy]

right got letter of them. payment history

 

8100012111101

 

erm this dosn't even match the statement of account HFC sent me. no why the late payment makers are as they wouldn't hange the payment date on the account to the end of the month.

 

I'm sorry, I don't understand your post....

[Smoothy]

8100012111101

This to me reads like you have defaulted immediately. If it was late payments surely it would read 8654321001101?

with 8 (default) being an accumulation of non payments. Otherwise an immediate 8 would mean instant default as in non compliance with T&C's....that how id interpret it.

Or have i got it ass about face?!!

[un1boy]

I don't know smoothy - the defaults on my CRA files just have either "D" or 8, no other info apart from the start date of the alleged accounts and balances.

[pford]

This to me reads like you have defaulted immediately. If it was late payments surely it would read 8654321001101?

with 8 (default) being an accumulation of non payments. Otherwise an immediate 8 would mean instant default as in non compliance with T&C's....that how id interpret it.

Or have i got it ass about face?!!

 

 

yes thats how i read it as well.

Normally all that shows on my credit report is the 8 i had to phone them and ask for the information pre drefault been placed.

[un1boy]

THIS IS URGENT:

 

I've just had a call from my local police sargeant saying that he is investigating my complaint re sec 78 breach and needs info stating that an offence of the cca is a criminal offence, not civil. He has looked in books and the act itself but can't find anything stating that it's criminal - any ideas anyone?

[un1boy]

Does this mean that it is only trading standards that can prosecute?:

 

161 Enforcement authorities

 

(1) The following authorities (“enforcement authorities”) have a duty to enforce this Act and regulations made under it—

 

(a) the Director,

 

 

(b) in Great Britain, the local weights and measures authority,

 

 

© in Northern Ireland, the Department of Commerce for Northern Ireland.

 

 

(2) Where a local weights and measures authority in England or Wales propose to institute proceedings for an offence under this Act (other than an offence under section 162(6), 165(1) or (2) or 174(5)) it shall, as between the authority and the Director, be the duty of the authority to give the Director notice of the intended proceedings, together with a summary of the facts on which the charges are to be founded, and postpone institution of the proceedings until either—

 

(a) 28 days have expired since that notice was given, or

 

 

(b) the Director has notified them of receipt of the notice and summary.

 

 

(3) Every local weights and measures authority shall, whenever the Director requires, report to him in such form and with such particulars as he requires on the exercise of their functions under this Act.

 

(4)–(6) . . .

 

 

That is crazy!!

 

And, what does "(4)–(6) . . . " mean?

[un1boy]

ok guys- I am going to write to them with a claim under section 85

 

see what they think....I'll post my letter asap....

[un1boy]

I have written to the sols to advise them that the FOS have said that without the agreement, it will be difficult for them to take any action agianst me for it......will see their reply.

 

I am still working on the sec 85 thing and TS are apparently waiting to speak with the bank, why I dont know.

 

TS have also told me that because the bank have said they dont need to keep copies of the default notices that TS wont continue action.

[un1boy]

Hi guys

 

I have deceided to start this new thread to keep the N1 POC stuff seperate from the main thread. The linked thread is: http://www.consumeractiongroup.co.uk/forum/showthread.php?t=27877&goto=newpost

 

To cut a long story short:

 

I sent a CCA request in August 2006 - they sent an agreement without any prescribed terms, so it is unenforcable.

 

They have been and still are processing my data.

 

TS are investigating, and have been since Jan but nothing has moved on.

 

I now want to issue an N1 with the follwoign result:

 

I want them to remove all data from my credit files.

 

For the credit card account i want to claim that the agreement is unenforcable and they can't provide the T&C's relevant at the time so can't process my data.

 

For the OD - they can't provide the default notice and 75% of the balance was charges which they have since refunded.

 

I also want to go for damages as I have had to take a car loan out recently for my job and have to pay double the car's purchase price, just because of the defaults.

 

All help in terms of the POC's is very much appreciated!!

[un1boy]

I have decided to carry the N1 aand POCs part of this thread here:

 

http://www.consumeractiongroup.co.uk/forum/legalities/86822-n1-help-re-cca.html#post786318

 

I hope you can all pop over and help!

[pt2537]

hi there,

 

im just subscribing

 

paul

[un1boy]

hi there,

 

im just subscribing

 

paul

 

Welcome aboard...