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Hi there,
I've been reading this forum and others over and over for the best couple of weeks and was wondering if someone could offer some advice on my situation.
I have on my credit file details of a credit card agreement with Cap1 which I defaulted on in February 2011. When I have checked through all of my documentation relating to the account I have found the default notice to be defective for the following reasons:
1. There is no specific date for the breach to be remedied by.
2. There is no specific information regarding the amount required to remedy the breach.
The account was paid off in August 2012 and whilst I was making payments to clear the balance I claimed for the unlawful charges which had been applied to the account. The charges amounted to approximately £96 and the total balance at the date of default was £296.
After reading ICO guidelines it seems I do not have a case to remove the default on the grounds of the charges applied, as the balance was not made up of charges alone. I also understand that just because the default balance has been paid does not mean that it will be removed and that it will be there for 6 years from the date of default.
I have done a lot of reading on cases similar to mine and have read about unlawful recision on the back of a dodgy default notice.
Would the fact that the default notice does not comply with the relevant legislation give me grounds for removal of the default from my credit file? If so, what would be the best way to tackle this?
I have found various cases that would possibly help me, for example the following;
The consumer credit (Enforcement, Default and Termination Notices) Regulations 1983, and that a failure of a Default Notice or Termination Notice to be accurate not only invalidates such notice (Woodchester Lease Management Services Ltd V Swain & Co NLD 14 July 1998 but it is an unlawful rescission of contract which would not only prevent the court enforcing any alleged debt (Wilson V First County Trust Ltd [2003] UKHL 40, Wilson V Robertsons (London) Ltd [2006] EWCA Civ 1088, Wilson V Pawnbrokers [2005] EWCA Civ 147) - but would also give the claimant a claim for damages in the sum of £1000 (Kpophraror V Woolwich Building Society [1996] 4 All ER 119).
Where do I start with this? Does anybody have an example of a letter I could send to Cap1 to get the ball rolling or have any information they could share from their experiences which could help me?
thank you all in anticipation!
I've been reading this forum and others over and over for the best couple of weeks and was wondering if someone could offer some advice on my situation.
I have on my credit file details of a credit card agreement with Cap1 which I defaulted on in February 2011. When I have checked through all of my documentation relating to the account I have found the default notice to be defective for the following reasons:
1. There is no specific date for the breach to be remedied by.
2. There is no specific information regarding the amount required to remedy the breach.
The account was paid off in August 2012 and whilst I was making payments to clear the balance I claimed for the unlawful charges which had been applied to the account. The charges amounted to approximately £96 and the total balance at the date of default was £296.
After reading ICO guidelines it seems I do not have a case to remove the default on the grounds of the charges applied, as the balance was not made up of charges alone. I also understand that just because the default balance has been paid does not mean that it will be removed and that it will be there for 6 years from the date of default.
I have done a lot of reading on cases similar to mine and have read about unlawful recision on the back of a dodgy default notice.
Would the fact that the default notice does not comply with the relevant legislation give me grounds for removal of the default from my credit file? If so, what would be the best way to tackle this?
I have found various cases that would possibly help me, for example the following;
The consumer credit (Enforcement, Default and Termination Notices) Regulations 1983, and that a failure of a Default Notice or Termination Notice to be accurate not only invalidates such notice (Woodchester Lease Management Services Ltd V Swain & Co NLD 14 July 1998 but it is an unlawful rescission of contract which would not only prevent the court enforcing any alleged debt (Wilson V First County Trust Ltd [2003] UKHL 40, Wilson V Robertsons (London) Ltd [2006] EWCA Civ 1088, Wilson V Pawnbrokers [2005] EWCA Civ 147) - but would also give the claimant a claim for damages in the sum of £1000 (Kpophraror V Woolwich Building Society [1996] 4 All ER 119).
Where do I start with this? Does anybody have an example of a letter I could send to Cap1 to get the ball rolling or have any information they could share from their experiences which could help me?
thank you all in anticipation!
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