Default help for a newbie please

[coggy]

Hi all

 

Just found this site and would like some help from the pro's please

 

Right a brief description.

 

I have 2 defaults listed, 1 from 2001 and 1 from 2004. The credit cards was inactive from 2000 when i went to the citizens advice who got the cards interest frozen (Due to illness and lost my job) and i started paying an arrangement of a couple of pounds a month on both cards. All i want now is the defaults removed !

 

1 is a Halifax visa card

1 is a Bank of Scotland Master card

 

Both banks sold the debt on i think because now i pay a small amount each month to Blair, Oliver and Scott. I was NOT informed about either default notices at the time. (I was very ill at the time which is why i lost my job and fell behind with the payments, i am now well but my life is hindered by these DAM Defaults !!!!)

 

I stumbled across this site which explained a format to try and get them removed by asking them to produce the docs etc, this is the site and if you scroll down to letter one,........ i sent an exact letter by recorded delivery and put £1 postal orders in each letter to each bank.

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

 

I sent the letter (1) 25 days ago and have had no reply from either banks. Now my questions really are :

 

Is that procedure from the link i posted regarding the letter i sent the right thing to do?

 

What should i do next?

 

Am i totally on the wrong track here?

 

Any help, advice would be really great

Thanks very much for your time

[Movingon]

That procedure looks like the very thing... however I would not have repeatedly given them more time but would have immediately escalated this complaint to the Ombudsman and to the information commissioner as soon as the dealine expired.

[coggy]

WOW ! That was quick

 

Thanks, so do you think i should now hit them with letter 2 ? or what would you recommend ? ie what do i threaten them with?

 

Do i have a case here if they can not produce the info?

 

Sorry im very new to this stuff but don't want to mess it up if i have a chance

 

 

Thanks again

[Movingon]

IF 30 days since you asked for the copy of the original agreement has expired, and you sent the £1 postal order, then they have committed a criminal offence.

 

I personally in that case, as I said would immediately complain to both the Financial Ombudsman and to the Information Commissioner, stating that they have failed to provide these documents as required by Law.

 

Further to this I would write to the company (both the DCA and the original lender) stating that you have done so, and requiring them to immediately remove the Default Notice(s) from your credit record in their entirety. I would allow Experian to have sight of a copy of this letter.

[Movingon]

p.s. If they cannot provide a copy of the original agreement then basically they cannot make you pay a single penny towards the debt - it is unenforceable. The lack of a signed agreement is a complete defence in any court case brought against you by them.

[coggy]

IF 30 days since you asked for the copy of the original agreement has expired, and you sent the £1 postal order, then they have committed a criminal offence.

 

I personally in that case, as I said would immediately complain to both the Financial Ombudsman and to the Information Commissioner, stating that they have failed to provide these documents as required by Law.

 

Further to this I would write to the company (both the DCA and the original lender) stating that you have done so, and requiring them to immediately remove the Default Notice(s) from your credit record in their entirety. I would allow Experian to have sight of a copy of this letter.

 

Hi

Wow that is good news, thanks. Sorry you said write to the DCA, who is the DCA ? and do i need to write a letter to them? what is there address ?

 

If i need to complain to the financial Ombusman and the information Commisioner do you have there address details etc ?

 

Thanks so much again

[Movingon]

DCA - Debt Collction Agency (legalised harassers who basically get after you for the money and add loads of fees of their own - the people the debt is sold on to).

 

Financial Ombudsman & Information Commissioner... I dunno but I reckon a quick Google will get you there

[coggy]

Hi

 

This all sounds to good to be true lol.

 

So because the 28 days has now passed and they have not replied they have now broken the law.

 

I need to write to the lenders and tell them that i insist that the defaults are removed straight away.

 

I need to write to the DCA being Blair Oliver and Scott and inform them what i requested from the lender and when and that i now request that the debt is wiped in it's entirety ?

 

I need to write to the Financial Ombudsman & Information Commissioner to complain and send them origional copies of the letters etc ?

 

Is this roughly what i need to do ? Does anyone have any word templates i could work to ? A donation would be passed to the forum on removal of these defaults if anyone could guide me by e-mail through this process

 

Thanks all for your time

[Movingon]

**THIRTY** days. They have one calendar month to respond to your request; they have to respond in Law within 12 days, actually; but after thirty days they have committed a criminal offence if they have not responded to you.

 

Here's the sequence of steps I would reccommend; bearing in mind that I got all this information from reading around the site and that I have no expertise of my own to draw from. If I misinterpreted it then *shrug* sorry I would advise you to research each step and make your own decision; if necessary even seek legal or CAB advice.

 

1. Complain to the Financial Ombudsman Service and to the Information Commissioner. Set out exactly what has happened and what information you requested, and state that after thirty days you still have not received it.

 

2. Write to Bank of Scotland and Blair Oliver Scott, and tell them (a) that you have complained to the IC and to the FOS. Tell them that you now require immediate and unconditional removal of the defaults from your account as they are "unsubstatiated and unenforceable" due to the lack of a signed and dated Credit Agreement regulated by the Consumer Credit Act. Mention that the lack of such an Agreement is a complete defence to any court action taken as a result of non-payment of the alleged debt.

 

You don't need to ask them to write the debt off; they have not shown you the credit agreement to which they are referring within the relevant statutory time frame and therefore there IS NO DEBT. If I have listened and read correctly, they now cannot under any circumstances enforce this debt against you.

[coggy]

Argh thanks very much again.

 

They have another 7 days to reply then, i wrote to them recorded delivery and the letter was dated the 14th May. I will wait and see if i get a reply in the next 7 days, hopefully not !!!!

[alanfromderby]

At the end of the month it would also be worth talking to Trading Standards, as they are the body that should deal with disclosure offences under the Consumer Credit Act.

[Guest Alison82]

Does this apply if you applied for somthing online and there was nothing to sign?

[coggy]

Sorry to sound thick but i keep reading people requested DPA information for £10. What is DPA information ?

 

Is that what i requested ? i only sent £1 not £10 ? Sorry im trying to work out the difference between my case and most others on here ???

 

Thanks

[Seminole]

Sorry to sound thick but i keep reading people requested DPA information for £10. What is DPA information ?

 

Is that what i requested ? i only sent £1 not £10 ? Sorry im trying to work out the difference between my case and most others on here ???

 

Thanks

 

It's a Subject Access Request under the Data Protection Act. There's loads of info about it in the FAQ. Please have a read and post back with any questions.

 

I think the letter that you sent was a request under the Consumer Credit Act for a copy agreement. This is quite different and non-compliance by the compay concerned is a criminal offence.

[coggy]

Hi

 

Well 20 days has passed with no reply at all. I sent another letter 10 days ago requesting that the defaults are removed straight away and requested the information again and sent it recorded delivery and put another £1 postal order in it, and gave another 7 days dead line. Again no reply at all from either.

 

I have now copied all letters and sent them with a complaint form to the finiancial Ombudsman.

 

I have never done anything like this before, what is likely to be the next step ?

Do you think i have a good case with receiving no reply at all ?

 

Thanks all

[Movingon]

**removed - rehashing old info**

[Movingon]

OK... I would also complain to the Trading Standards in your local area, and also to the Information Commissioner. The FOS are OK - but they're run by bankers. As seminole said, Trading Standards are the people who deal with offences of this nature.