The Sub Prime Credit Thread - Part IV

never-in-doubt

alanriley wrote: »

Evening everybody,
Avid reader, long time lurker needing advice.

Click here: Debt-Free Wannabe start a new thread, you'll get more replies.

Regards to British Gas - amend this letter to suit: #4 but otherwise the main basis will remain, you'd change the wording of default to 'late payment markers' but spend time explaining that it was due to an error, not non payment and to sort it asap>

Regards to Halifax, the default cannot increase - it should be the same value as per the default notice. If it is incorrectly served we'll have that taken off as well. You need to give me a lot more details about the default entries..... for instance, there should be one to Halifax with an amount and a settled date, then a new one to the DCA that bought the debt with the same value and the same start date as the original default by Halifax (now showing settled).

If your credit file does not look like that, post up what it does say exactly - omitting personal data.

alanriley

Hi Never-in doubt
Equifax shows
XXXXXX484P Cabot Financial (uk) ltd Address A start date 27/6/2002
Default date 30/11/2005 bal 1668 last update 23/3/2006

Entry 2, Cabot again... start date 27/6/2002, default date 30/11/2005, bal 2424.
Last update 27/10/2009

Also on Experian and call credit..opening balance 1668 current balance updated Jan 2010, 2424.
Hope you can help :beer:

never-in-doubt

alanriley wrote: »

Hi Never-in doubt
Equifax shows
XXXXXX484P Cabot Financial (uk) ltd Address A start date 27/6/2002
Default date 30/11/2005 bal 1668 last update 23/3/2006

Entry 2, Cabot again... start date 27/6/2002, default date 30/11/2005, bal 2424.
Last update 27/10/2009

Also on Experian and call credit..opening balance 1668 current balance updated Jan 2010, 2424.
Hope you can help :beer:

Hiya

send this to cabot - see what they come back with, if its not any good i'll sort you a letter to send direct to the CRA (Equifax) demanding removal

Keep us updated and remember to send this letter recorded delivery so you get proof of delivery!

Dear Sirs,

Account No: XXXXXXXX

After recently obtaining a copy of my credit file from the credit agencies, I was extremely concerned to note that you'd added an unlawful default notice against me on 30 November 2005. On that subject a second one appeared which immediately breaches the DPA in that only one default may be permitted against the same debt. As you've incorrectly and unlawfully added two defaults for the same debt with conflicting amounts. also both incorrect, I am left with no alternative but to demand immediate removal of both entries.

Section 87(1) of the Consumer Credit Act (1974) clearly states:

Section 87(1) of the 1974 Act allows the creditor to send you a default notice giving you fourteen days from the date you receive it to pay the arrears. The default notice must contain all of the necessary information under the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 ('the 1983 Regulations'), which includes;

• a statement saying the notice is a default notice served under section 87(1) of the 1974 Act
• a description of the agreement
• the name and address of both the debtor and the creditor
• details of the breach (i.e. late payment) and, if the breach can be remedied, the date by which it must be remedied or, if the breach is not capable of remedy, the amount required to be paid after the expiry of the specified date;

As is clearly evident, I never received any such notice and with there being a second entry, you've actually broken the law and DPA guidelines. As a result, I contest the accuracy of the default(s) and until such time you can provide proof that you complied with the above Act, you must remove all derogatory data from the files of any credit reference agency (CRA).

I am more than happy to issue you a Subject Access Request which should include a copy of the documents I request, which I am hopeful will include a copy of said termination and default notices which, if they are missing, will leave me no alternative but to seek legal enforcement for disclosure via CPR31.16. Without sight of said default notice, I cannot argue the authenticity, enforceability or execution and therefore will use this as my claim if I am forced into taking legal action, all costs will also be claimed.

It would, however, be in both our interests if you simply agree to remove the default being there are so many inconsistencies with the alleged default notices anyway - moreso because there are two for the same debt - you must surely have no other alternative but to remove it, least of all as a gesture of goodwill?

As I was never in receipt of any of the statutory documents (Notice of Termination of Contract; Notice of Assignment or Default Notice) then the actual default notices that are shown on my credit file are unlawful and should be immediately removed. I do not want to take this through the courts but I will enforce removal by judgement if necessary, at the end of the day you have acted unlawfully by not issuing a fully compliant and correctly executed legal document. Therefore, assuming you are happy with my proposal please confirm, in writing on letterheaded paper, the following points will be carried out;

• Both Default Notices 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

Failure to agree will result in more formal papers being sent, by return and in the meantime, I look forward to your response within the next 21 days.

Yours faithfully




Sign digitally

alanriley

Wow!! Thanks N-i D for the letter.
Just on way to Post office now.
Thank you so much :beer:

Zack1

never-in-doubt wrote: »

Have you been smoking my weed mate? Paranoia or what lol :rotfl: :rotfl:

:rotfl:

ElkyElky wrote: »

LOL yes, it's good !!!!!!. :rotfl:

:rotfl:

Oh I've had a reply from Equifax this morning too....I thought they were only ID ones, just making sure . They really need to update their wording, because the email I got makes it seem like 2 full searches (one from BOC and one from them)

Dear Zack

Thank you for getting in touch.

Search Information - Stan James (Gibralter) - 192 Business

These searches are ID Verification searches and carried out for reasons other than a credit application. As they are not seen by lending companies we do not contact the company regarding this information. These searches have no impact on your credit rating. We would suggest that you contact the company directly regarding this search.

Fair enough I suppose....I still can't remember agreeing to that, and they're the only ones that have done it! VC attempted to do it (or verification of some kind) and couldn't so banned me and took my money until I gave them my driving license number :eek::rotfl:

Now...lecture or football....hmmmm.... Although after last night I don't fancy either!!

seeya23

Zack1 wrote: »

:rotfl:

:rotfl:



Fair enough I suppose....I still can't remember agreeing to that, and they're the only ones that have done it! VC attempted to do it (or verification of some kind) and couldn't so banned me and took my money until I gave them my driving license number :eek::rotfl:
!

bet365 did that to me i had to give them my passport number to get my money back

mancini601

Zack1 wrote: »

Yea I was thinking that, but then I did the same with MBNA and I'm not sure if some of them resulted in outright rejections because of it. Because they are different cards, but issued but the same finance people, so they've assessed me once....


I'm not sure, part of it does look dodgy, but then looking at the SSL info....

CN = www.diamond-creditcard.co.uk
OU = IT
O = VANQUIS BANK LTD.
L = Chatham
S = Kent
C = GB

Vanquis' SSL gives

CN = www.vanquis.co.uk
OU = IT
O = Vanquis Bank Ltd.
L = Bradford
S = West Yorkshire
C = GB

Similar...... don't know if they have offices in "Chatham", wherever that is...

Edit: Is that london? DNS lookup shows it as registered to Vanquis Bank at an address in London, vanquis.co.uk is in Yorkshire though, hmmm

I am an existing Vanquis customer and have just called them. The diamond card is theirs but they said you will automatically get declined if your are an exisiting Vanquis customer anyway.

Zack1

seeya23 wrote: »

bet365 did that to me i had to give them my passport number to get my money back

Strange they haven't done it with me, I had an email from the Fraud team leader though :rotfl: Because of my strange deposit/withdraw methods haha

mancini601 wrote: »

I am an existing Vanquis customer and have just called them. The diamond card is theirs but they said you will automatically get declined if your are an exisiting Vanquis customer anyway.

Ah so no point in me applying for both in the summer, I'll go for diamond only I think.... now MBNA have told me to clear off until I get a job I should be ok to apply for a few (apparently MBNA want near perfect record, and hardly any searches, where others won't mind so much if it's a few)

seeya23

Zack1 wrote: »

Strange they haven't done it with me, I had an email from the Fraud team leader though :rotfl: Because of my strange deposit/withdraw methods haha


)

i did win a lot from them :rotfl::rotfl::rotfl:

benoit

Well the Bank of Cyprus are certainly hot on thier communication skills -

Dear Mr Benoit,

We regret to inform you that on this occasion we are unable to proceed with your application.


Well that was well thought out & intimately detailed. LOL :rotfl: