Sub Prime Credit Thread Part III

never-in-doubt

PARIS_5000 wrote: »

My behaviour score was 57 when I was accepted for a overdraft and credit card with HSBC.

yup, thats right - 50+ for those :beer:

70+ for lower rate loans......

ElkyElky

My mother sent your letter off this morning, never-in-doubt. She was impressed with it and particularly the part saying "I do not acknowledge any debt to you" at the top. :rotfl:

seeya23

ElkyElky wrote: »

My mother sent your letter off this morning, never-in-doubt. She was impressed with it and particularly the part saying "I do not acknowledge any debt to you" at the top. :rotfl:

no letter from dca then

never-in-doubt

sutton111 wrote: »

Default 1 is Next

You need to send the following - this is relevant to Next only. Send it to the DCA and enclose a £1 PO mate.

Good Luck

---

Letter to send:

---

Request for a copy of the Original Credit Agreement, Default Notice and Notice of Assignment
under the Consumer Credit Act 1974

Dear DCA,

Re: ACCOUNT NUMBER: XXXXXXX

Further to paying the alleged debt off, I have since learned that the agreement in question may not have been enforceable in the first place, moreso due to shoddy business practices and failure to acknowledge laws set in place to protect the consumer, namely the Consumer Credit Act 1974 and the Date Protection Act 1998.

I am more than happy to draw a line under this, agreeing to take no further action if, similarly you agree to immediately remove all data registered against me with the 3 credit agencies. I do feel this is a more than reasonable request being I did pay the alleged debt without question and now the account is clear I think it's only right that removal of the adverse/account data is the only viable option left to you.

Therefore, in light of the above, I propose the following options are considered;

Option 1:
You agree to remove all associated data from the credit reference agencies.

Option 2:
You disagree and wish to enter litigation over an alleged (satisfied) debt of £195.

Option 1.
As the disputed balance was indeed disputed (statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account), the balance was never paid as I was awaiting additional correspondence and feel that you were too hasty in issuing a default in the first place. As such, I feel a compromise should be reached that suits both parties. The balance was never left due to any kind of fraud or negligence but due to the amount being in dispute. As a result, should I decide to take this through the County Court there is a high probability that my argument will become enforced and so to save us both the time and hassle of litigation, for an amount of £195 that has been paid, I confirm I am more than happy to close all communication with the promise of no further action so long as you agree to, and ensure that, the following actions will be carried out;

• The Default Notice will be removed
• The Status of the account will change from “Defaulted” to “Settled”
• The Current Balance will appear as £0.00
• The Default / Delinquent Balance will be set to £0.00
• There will be no date in the “Defaulted Date” field (as it will be removed)
• There will be no date in the “Date Last Delinquent” field on the report
• This will apply to all 3 Credit Reference Agencies, namely Experian, Equifax & Call Credit

If you're happy with my proposal, please respond confirming each of the above points on official letter headed paper, and I will respond confirming closure by return.

If you refuse;

Option 2.
I am concerned to note that your company has placed a "Default" notice against an alleged account I held with you to which I have no recollection of ever receiving such a notice, and I therefore require you to substantiate this data.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit. Your obligation also extends to providing a statement of account. I enclose a £1 cheque to cover the statutory fee.

2. You must also supply me with a signed, true certified copy of the original default notice and Notice of Assignment.

3. You must supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

Also, bringing the case back, retrospectively, the account continues to be in dispute and as such the default is not only in breach of the Consumer Protection From Unfair Trading Regulations 2008 and the Office Of Fair Trading debt collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998.

As you are now in default of my Consumer Credit Act request (original request) and OFT Debt Collection Guidelines, I consider this account to be in serious dispute and remind you that whilst the alleged Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law. Consequentially any legal action you pursue will not only be fully and vigorously defended, it will also be averred as both unlawful and vexatious.

By pursuing me for the debt, whilst the account was formally in dispute, I am of the opinion that constituted a violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines and the Consumer Protection From Unfair Trading Regulations 2008.

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee and then remove the incorrect entry from your systems.

You should also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

Should you refuse to comply, you must within 21 days, provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’; you must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you not respond within 21 days I expect that this means you agree to remove all such data.

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and as such the following applies.

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.
* Any payment previously made should be refunded immediately.
* You may not add further interest or any charges to the account.
* You may not pass the account to a third party.
* You may not register any information in respect of the account with any credit reference agency.
* You may not issue a default notice related to the account.

I do, expect you to select Option 1 and remove all date from the credit reference agencies, resolving this amicably without the need for litigation and embarrassment on your half. The alternative, I have nothing to lose and will seek to redress this, plus my costs, through the County Court bearing in mind your gung-ho attitude and evident lack of knowledge of the Consumer Credit Act 1974.

I look forward to hearing from you in due course, naturally within the prescribed timescales quoted.

Yours faithfully,


Mr Sutton
(sign properly this time in ink)

never-in-doubt

sutton111 wrote: »

Default 2 is Capital One

You need to send the following - this is relevant to Capital One only. Send it to the DCA and enclose a £1 PO mate.

Good Luck

---

Letter to send:

---

Request for a copy of the Original Credit Agreement, Default Notice and Notice of Assignment
under the Consumer Credit Act 1974

Dear DCA,

Re: ACCOUNT NUMBER: XXXXXXX

Further to paying the alleged debt off, I have since learned that the agreement in question may not have been enforceable in the first place, moreso due to shoddy business practices and failure to acknowledge laws set in place to protect the consumer, namely the Consumer Credit Act 1974 and the Date Protection Act 1998.

I am more than happy to draw a line under this, agreeing to take no further action if, similarly you agree to immediately remove all data registered against me with the 3 credit agencies. I do feel this is a more than reasonable request being I did pay the alleged debt without question and now the account is clear I think it's only right that removal of the adverse/account data is the only viable option left to you.

Therefore, in light of the above, I propose the following options are considered;

Option 1:
You agree to remove all associated data from the credit reference agencies.

Option 2:
You disagree and wish to enter litigation over an alleged (satisfied) debt of £313.

Option 1.
As the disputed balance was indeed disputed (statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account), the balance was never paid as I was awaiting additional correspondence and feel that you were too hasty in issuing a default in the first place. As such, I feel a compromise should be reached that suits both parties. The balance was never left due to any kind of fraud or negligence but due to the amount being in dispute. As a result, should I decide to take this through the County Court there is a high probability that my argument will become enforced and so to save us both the time and hassle of litigation, for an amount of £313 that has been paid, I confirm I am more than happy to close all communication with the promise of no further action so long as you agree to, and ensure that, the following actions will be carried out;

• The Default Notice will be removed
• The Status of the account will change from “Defaulted” to “Settled”
• The Current Balance will appear as £0.00
• The Default / Delinquent Balance will be set to £0.00
• There will be no date in the “Defaulted Date” field (as it will be removed)
• There will be no date in the “Date Last Delinquent” field on the report
• This will apply to all 3 Credit Reference Agencies, namely Experian, Equifax & Call Credit

If you're happy with my proposal, please respond confirming each of the above points on official letter headed paper, and I will respond confirming closure by return.

If you refuse;

Option 2.
I am concerned to note that your company has placed a "Default" notice against an alleged account I held with you to which I have no recollection of ever receiving such a notice, and I therefore require you to substantiate this data.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit. Your obligation also extends to providing a statement of account. I enclose a £1 cheque to cover the statutory fee.

2. You must also supply me with a signed, true certified copy of the original default notice and Notice of Assignment.

3. You must supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

Also, bringing the case back, retrospectively, the account continues to be in dispute and as such the default is not only in breach of the Consumer Protection From Unfair Trading Regulations 2008 and the Office Of Fair Trading debt collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998.

As you are now in default of my Consumer Credit Act request (original request) and OFT Debt Collection Guidelines, I consider this account to be in serious dispute and remind you that whilst the alleged Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law. Consequentially any legal action you pursue will not only be fully and vigorously defended, it will also be averred as both unlawful and vexatious.

By pursuing me for the debt, whilst the account was formally in dispute, I am of the opinion that constituted a violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines and the Consumer Protection From Unfair Trading Regulations 2008.

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee and then remove the incorrect entry from your systems.

You should also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

Should you refuse to comply, you must within 21 days, provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’; you must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you not respond within 21 days I expect that this means you agree to remove all such data.

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and as such the following applies.

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.
* Any payment previously made should be refunded immediately.
* You may not add further interest or any charges to the account.
* You may not pass the account to a third party.
* You may not register any information in respect of the account with any credit reference agency.
* You may not issue a default notice related to the account.

I do, expect you to select Option 1 and remove all date from the credit reference agencies, resolving this amicably without the need for litigation and embarrassment on your half. The alternative, I have nothing to lose and will seek to redress this, plus my costs, through the County Court bearing in mind your gung-ho attitude and evident lack of knowledge of the Consumer Credit Act 1974.

I look forward to hearing from you in due course, naturally within the prescribed timescales quoted.

Yours faithfully,


Mr Sutton
(sign properly this time in ink)

linton73

If ever you left this forum i wonder what people would do
i'm sure the people concerned and other people you might help do appreciate it

well done

blue35_2

having been new to this forum , I also can say your posts are very helpful!

Innocent_Guy

Stop kissing his as$ LOL....

Jokes aside, I do agree that NID's posts are very helpful

never-in-doubt

ahhh, aren't you all lickle sweethearts :rotfl:

CocoPopsLover

I might have to use you for a few things never-in-doubt!

lol