Where do i stand?

jermaindefoe

At the moment i am trying to remove a defualt notice from my credit score (experian) and to do so am using template letters outlined on this site

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

So far i have sent the first letter on the page and have recieved my reply, the reply was as follows

Termination Notce - Barclays Cash card Account.
In accordance with Sections 76(1) and 98(1) of the consumer credit act 1974.
Important you should read this carefully.
It is a term of your agreement with the bank that the full amount outstanding on your account is repayable with interest on demand at any time. Persuant to that term, the bank hereby terminates your agreement with effect from 20/01/2006 and makes demand for full and immediate repayment of the balance on the account currently (£xxx) with effect from that date. In the meantime no further drawings on the account will be permitted. Daily interest charges of 11p will accru from the date shaown below until full payment is made, assuming no change in the itnerest rate
If you do not settle the balance on your account the Bank may transfer the responsibility for recoveery of the debt to one of its recovery units or agents with a view to taking action for recovery.
Additionaly it is the banks intention to register detils of the account with credit reference agencys.
This may seriously effect your ability to obtain credit
If you have difficulty in paying any sum owing under the agreement, you can apply to the court, which may make an order allowing you or any surety more time.
If you are not sure what to do, you should get in touch with CAB etc....
Mrs L James
Senior Collections Manager.

This letter was accompanied with the following letter

Dear Mr Lambert

You have advised us that you are concered about a defualt notice placed on your account, please see the true and certified copies of the original defualt notice as requested (this being the one i posted above)

I can confirm a balance of £xxx was transfered to our recovery unit on the 26th may 2006, the balance was settled on the 27th june 2006

The defualt notices have been correclty registered as satisfied (which in fact it hasent). If is not then please do not hesitate to contact me and i will gladly have your file updated. I am sorry this is not the answeer you want but i hope my explanation is helpful. If you would like to comment further on this then please call me on xxxxxxxxxxxx Iwill keep your file open for 8 weeks and if you dont reply within this time then i will assume your complaint as satisfied.

Our aim is to resolve all complaints internally although we recongise on this occasion this has not been the case. As we have not been able to agree a way forward you may be able to ask the financial ombudsman servie to review yoyr complaint. We will help you if this is the case.

Yours sincerly

Steve conely

Customer relations

As far as i am concerened, that isnt a defualt notice is it, as nowhere does it say the word default. As the site i rpeviously posted says, i may get a "fob off" letter, is this one of them, or, infact, am i pinned to rights. According to them i have 8 weeks to reply

Thanks for taking the time to read and possibly help me

jermaindefoe

would it be possible for some help please?

Cleosmum

So, you havent cleared the debt, but they have it down as satisfied?

http://www.statutelaw.gov.uk/content.aspx?LegType=All+Legislation&title=Consumer+Credit+Act&Year=1974&searchEnacted=0&extentMatchOnly=0&confersPower=0&blanketAmendment=0&sortAlpha=0&TYPE=QS&PageNumber=1&NavFrom=0&parentActiveTextDocId=436428&ActiveTextDocId=436535&filesize=5600 section 88.

jermaindefoe

no i have definatley cleared the debt

I can confirm a balance of £xxx was transfered to our recovery unit on the 26th may 2006, the balance was settled on the 27th june 2006

Cleosmum

http://www.consumeractiongroup.co.uk/forum/general/91966-information-default-notice.html have a read through this thread.

jermaindefoe

wow - that was definatley a good thread (however i have problems understanding the technical terms, it all gets a little to confusing for me) however it did say this (a description of what a defualt notice has to have) and through looking through what they sent me its defnatley missing the iv part, what do you think?

i a description of the agreement sufficient to identify it
ii the name and a postal address of the trader
iii the name and a postal address of the customer
iv a statement that the notice is a default notice served under section 81(1) of the Consumer Credit Act 1974
v details of the part or parts of the agreement which, according to the trader, the customer has breached
vi details of the nature of the alleged breach of the agreement specifying clearly the matters complained of
vii if it is possible for the customer to put the matter right, details of what he is required to do in order to achieve this, and the date before which he is required to do so. This date must be at least seven days after the date of service of the notice, or
viii if it is not possible to put the matter right (for example, where goods have been damaged beyond repair), details of the amount (if any) required to be paid as compensation and the date before which it should be paid. This date must be at least seven days after the date of service of the notice.

jermaindefoe

could anyone shed some light on the previous post i made - do i have a valid point? simple yes or no asnwer would be fine, then at least i no that i can proceed in sending letter 2 template from this site
http://www.learnmoney.co.uk/credit-cards/remove_default_notice.html
and leave you good people alone to sort others problems out

jermaindefoe

please? then i can get on with sending the second letter they didnt send the propr default notice originally

jermaindefoe

<sorry but i really need the answer to this>