Reverse a Default Notice?

Edinburghlass_2

Hang on and I'll find you the thread where its suggested you do this in your first letter asking for your charges.

sparkles12_2

Brilliant Thats really helped Thanks alot xo

numbercruncher

My son-in-law had written the first letter to reclaim his charges from Ulster Bank. They have not yet replied to that letter but have written to him a "formal notice of intention to file a default". They say that if he does not clear the overdraft in full within 28 days information regarding his indebtedness will be given to the Credit treference Agenices.
Does anyone know please if they can do this legally? The amount he is overdrawn is probably less than he is owed in bank charges and he has already made arrangements to stop all direct debits so the balance doesn't keep increasing but it still keeps going up presumably because they keep adding interest. I thought that maybe if I helped him clear the balance now then we could go ahead with reclaiming but maybe that isn't the best course of action.
Any advice on how to proceed would be most appreciated.

Edinburghlass_2

Have a read of the above posts, they should help.

fishywish

I had a store card back in 2004, which unfortunately due tyo our financial circumstances we were not able to keep up the payments. For a period I paid £60 a month but then once I fell pregnant I was not able to continue.
Charge upon charge was added and my letters pretty much either ignored or just said no they could not do anything for me if I wasnt paying the amount they wanted.
I offered a partial settlement on the grounds that I felt the charges were unfair and extreme given my circumstances and that I had always kept them informed of my fincial circumstance.
They refused this and stated if I did not pay the full balance by a certain date they would apply to court which they did.
I recieved the paperwork from the court 2 weeks after having my daughter, and unfortunately as i suffered from post natal depression for quite a few months after having my her, i just could not deal with it and just signed and sent it back/. Some thing i REALLY regret now!!!!
Basically the entire debt (excluding the court charges added on) is charges, the credit I used (about £300) was paid long ago, and the jusgement was for £664!!!
The jusgement was made early 2005, and I dont know if theres anything I can do to either get it quashed or reclaim the charges.
I feel frustrated because of my circumstances at the time I took the easy way out as I had so much else on my mind, but now I've put my foot in it!!
Does anyone know if theres anything I can do now?
The judgement was only set at £1.00 a month because if our circumstances, but its effecting our credit rating and we dont have the money to pay it all off as it now stands at £592.

bev79

definitely, 100%, claim back the charges from the original bank. Check th templates and there is one with a paragraph insisting they remove the default they have caused. Good luck!!

hanstrange

In 2004, my partner was self employed and was rarely in work due to illness, plus it was a seasonal job being a builder. Charges caused him to spiral further past his od limit and he was unable to pay them back. Eventually it got so bad that they closed his account and the debt turned into a CCJ. We have since paid off the CCJ and realised that we can claim back these charges. What is the possibility of claiming so far as being able to get the CCJ off his credit profile too?

SickOfBankCharges_2

wrote:

hi hanstrange,

absolutley!!!

your partner would not have been in such spiralling debt if it were not for the UNLAWFUL charges!!!

i recommend you visit the BBC website :

http://news.bbc.co.uk/1/hi/business/6170209.stm

this will guide you through every step and has each letter you need, even the court forms but should not get that far anyway, a quick tip i learnt, to get the responses you want in a timely manner, send a copy of every piece of corespondence you send inc cheques to the "Financial Ombudsman Service" this should help against them time wasting ect..

let me know if you need any more advice

best of luck!

hanstrange

In which letter should I bring up the CCJ with them?

Edinburghlass_2

I've merged your thread with another which gives you some answers and a template letter which should help.

I wouldn't advice using the BBC website and the FO won't thank you for copying your correspondence to them unless you are using the FO to reclaim your charges.