Reverse a Default Notice?

rthorpe24

Does anyone know how i would go about doing this as most of my debt is down to charges, one of my accounts was all charges with the abbey all £997 of it which turned into a ccj a couple of months ago...
does anyone have a template letter that i could send the companys to get my credit file info sorted out so that i can get credit successfuly again and buy a house.. ( new arrival forces this)

Many thanks for any help as i am very new to all this and thought that i was doomed to be ripped off by those scumbags who call themselves banks....:mad:

Then again i suppose when you look up registered charitys banks are not listed.....

eveb

Hello guys! Hope you all well

I need some help from the mods please...

Last year I successfully reclaimed nearly £2500 fees from Bank of Scotland, but I have been trying to get the default they lodged with credit agencies removed by them.
They were unresponsive to any letters, so I had to resort to making an application for the original claim to be amended to include 'removal of default from my files, an amendment will not be acceptable'.

I had not included this in original particulars of claim because not enough space was permitted online!

The hearing was this morning, and BOS sent an attorney to represent them (which I was not expecting!)

The judge has ruled that I may submit an amendment to original claim,
1. It must be filed by 7th Feb I think
2. He emphasised that it be worded in such a way that the judge residing, would be able to issue instructions from it (presumably he meant it must be relevant to the law and relevant references!?)
3. He also ruled that the defendant, may claim fees from me as it was due to my omission that they had to employ the services of an attorney to defend the application today.

I hope this is reasonably clear?

Please help!!!

PS i definitely was at a disadvantage not being familiar with court procedure and court/legal speak because their attorney when given a chance to talk, after my few minutes of addressing the judge, rattled on and on... :-(((

eveb

Hi Everyone

This is the wording of General Form of Judgement or Order from the court which I received today


Thought I would let you know wording, as it may help formulate the Particulars of claim...

' IT IS ORDERED THAT

1. The claim is hereby reinstated

2.The claimant do have leave to amend partic of claim to claim a declaration that the default notice served by defendant be revoked and removed and an order to so remove.

3.The amended part of claim be filed and served by 4pm on 14 Feb 2007

4.The defend do have leave to file and serve an amended defence by 4pm on 7th March.

5.The matter be listed for allocation and directions hearing at 10 am on 13th March at....

6. The cost of the application are reserved

dated 31 January 2007


I would very much appreciate help from 'above' with the wording of this partic of claim, as I do not want to run foul of the judge, and not supply the necessary relevant details.

Much appreciated
x

Rex_Mundi

Although banks are paying back charges without defending them, they wouldn't in any circumstance be so happy to remove a default.

Over at https://www.consumeractiongroup.co.uk They have a section on this (removing defaults). If my memory serves me right, they also have a particulars of claim template for this. You need to register at the site to read the posts (go to the forums there), but it is free to do so, the same as this site.

eveb

Hi Rex
Its very good of you to respond with some advice:-)
I stand a good chance of having it removed I think , As the solicitor who attended for them on the day of the application above said they were already addressing the issue!
I just didnt want to leave it to his say so!
Would prefer court ruling..( there are a few circumstances which will probably sway it in my favour 1. the bank manager in charge of my account at the time was in breach of confidentiality as he was discussing my account details with my partner - now my ex partner., despite repeated appeals from me for him not to do so!. 2. I was therefore forced to take account elsewhere etc)

I will take a look at Cosumer Action site, thanks again X

pigginsexy

I used the template letters on teh CAG site and was successful in getting default removed from account without going to court. Good luck

fairmorn308

I need to amend a court claim with a bank.

They sent me thru a partial offer which am going to refuse but i need them to remove a defualt on my credit file aswell.

I got a defualt cause i refused to pay for my account going into the read due to them with there bank charges.

I filed the case via MCOL

any help would be great

Rich

eveb

Thanks pigginsexy! (great nick! :-) )
Ill definitely take a look there, glad for you that you didnt have to go to court!
X Eve:beer:

pigginsexy

(Board Guides - feel free to move this thread if it is in the wrong place)

I just wanted to let everyone know that if you have a default notice on the account that you are claiming charges back from, you should use the template letter on the CAG website, as this is more detailed and actually asks them to remove it as well as your charges.

The one on here is a slimmed down version.

i have found this out to my own cost.

I have submitted court claim online for Natwest for the charges. I also want them to remove the default notice that they put on the account, however because i did not mention this in any of my letters to Natwest, it is now virtually impossible to deal with these two things together. I could put an amended particulars of claim in, but as someone has told me, the Judge will not allow this for the reason of default removal. So basically should have put it in the part of claim in the 1st place.

So now i am having to go through a different process, more letters, more haggling on this issue and probably another court claim, when i could have combined the two.

I hope that i have helped at least someone with this.

Han

dlc69

Hi there,got into a spot of bother with natwest bank. Which resulted in me going overdrawn by about £150. Started paying it back until i noticed all the charges they where adding on at this stage i refused to pay anymore. This resulted in them selling the debt on to a recovery agency (who i have now payed),but they also issued a default notice on my file. I am just about to start legal proceeding against them to reclaim over £600 in bank charges can i also use the small claims court to force them to remove the default notice.