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dallasg

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  1. I'll keep you updated as I take this forward. Thank you for the sentiment! dallasg
  2. I was considering switching over, but this has put me off a little bit. Did you get a response, or send a complaint - I wonder if this was an individual account problem, or not?
  3. Unfortuantely I can't send you that draft copy until my post count reaches 10!
  4. Hey The Mould! Thank you for getting back to me! I've spent a little bit of time having a look at promissory estoppel and trying to get my head around it, but it does sound promising. Perhaps if we could talk about this a little bit more? I do indeed have copies of your correspondence, but only from the period since when I sent my letters of complaint, and requests for them to help me out a little bit. Sadly, there are no letters relating to the agreements that were in place at the time of, or previous to their issue of the notice of defaulted account with the CRAs. I have, to this point, sent them several (maybe seven) letters to a lady who answers email complaints addressed to Olaf Swantee (one of the big guys..). Each one of varied, and increased demand. Unfortunately, she has been reluctant to consider my complaints, or to provide me any answers to some of the most pertinent questions that I have that aim at establishing all the discrepancies at hand. She seems to rely upon the FSA rulings, and their responsibilities (making it sound almost legislated...) to act in a certain manner. She has been mainly been most concerned at sending me a cheque for the credit of that i have had on the account for all of these years. As I said, I was considering the possibility of taking this through the county courts, but I think it might be more appropriate to put a complaint through with the Information Commissioners Office first of all, and try to argue the harmful, defamatory and unwarranted nature of the default? I've sent you a private message, would you mind taking a look at it? Thanks, dallasg
  5. For the avoidance of any doubt here, and due to the inability of T-Mobile to be able to produce our agreed, contractual terms and conditions, are you claiming that there are some sort of laws, precedents, or acts which might substantiate them, in being, "perfectly correct to report your account in this way". A side note, its occurred to me that they placed the account into 'default' with the CRAs long after we had formally terminated our contractual agreements and obligations. So at the time when the contract was valid, and I had agreed to some 'terms and conditions' (I would love to know what they were), I was not in arrears of any sort. It was only having closed the account, that they chose this course of action. Sorry- I'm not sure if that makes sense.
  6. Hi all! This is an on-going case with T-Mobile, whom entered a default notice with the credit reference agencies (CRAs) against my name in September 2008. The account, I claim, was never formally in default as arrangements to pay were agreed - yet despite this, they entered the default with the CRAs whilst payments were ongoing. I have since sent them several letters, and finally a SAR. They responded with copies of bills from 2006-2009, yet were unable to provide: - Original contract - Original terms and conditions - Any notices of assignment, or notices of default/late payments - Any correspondence inbound/outbound for the duration to notify account was overdue. I understand they are not regulated by the Consumer Credit Act, but there have been several references to their relationship with the FSA. I wish to have this removed as my attempts with them have failed. Now, I want to take them through the county courts, but unsure whether a N244 is correct, as the default was never obtained through the courts. I really would appreciate any advice to get started with this, beyond the steps I have taken already. Thank you!!
  7. Update: Put this account into dispute with Lowell Group with my previous letter, they investigated and continued sending me threatening letters from their pseudo-group 'Hamptons Legal' - and today, received a letter asking me to claim indemnity on all payments I've made to them in the past. They are sending the account back to CL Finance, removing their default notice and closing the account. I guess this might mean CL Finance will reopen their books with me once they receive the account back - but its good to have another one of these defaults removed!
  8. I am also in the same position. I settled the full account balance before they issued a default notice, thankfully back in January 2011. The account was closed and settled. I was advised this would not have any negative affect on my credit score, but, its still on credit file. As it is a settled account, the balance shows £0, though in the late payment/status history, it shows that the past 5 payments were late. I spoke to Orange CS and Experian, who both advised that I should have continued the account and let the late payments drop off - and it will remain on my credit file for six years! I know there is much worse stuff on my credit file, which I am working on having removed, changed and/or updated, but this is just another bad mark on my credit file. Any advice would be great. Thanks
  9. Update: Spoke to a solicitor on the telephone today who advised that I should simply send notice of all the court actions and letters from the solicitors acting on behalf of CL Finance, to Lowell financial - and force them to remove the default and to place the account in dispute. He didn't cite any laws or acts, but informed me that they wouldn't be able to take me to court to pursue for this debt, and as CL Finance issued notice of discontinuance that it is more likely they would write the debt off. I'm officially confused!
  10. I read somewhere yesterday on this forum that telecomm providers, much like other utility providers, have agreements with various CRAs where they agree to: 1) Pay the fee to search individual credit files 2) To share up to date financial information from successful agreements with the CRAs so that credit files provide more accurate information of an individuals credit worthiness. (or something to that effect!)
  11. Hello. I'm new to this forum as a poster, but have been reading particular cases and have had some great success over the past couple of months which I'd like to thank you all for. Today I'm hoping somebody with a lot more expertise in matters relating to CCJ/Defaults and other legal papers might be able to help me achieve a double whammy in this case. The timeline of the entire case is below, and have provided as much detail to the case that I think might be relevant. What i'm hoping is that the court order, and the discontinuance of the claim, might mean that I have some angle I could use to send to the Lowell group. I have already sent them a full payment proposal if they agree to remove the default. But, if they don't accept this, I want to know if the legal proceedings already had with the previous debt owner might be used to push them to remove the remaining default notice. Thanks in advance! --- Timeline of events: - April 2008 - Took an employee store card at Topman. - September 2008 - Left home to Bangladesh for 6 months. - March 2009 - Returned home. - September 2009 - Left home for University. - May 2009 - GE Capital who operated store card became incorporated under Santander. - November 2009 - Default notice issued November 2009, about a 'B&Q Account Card'. - January 2010 - Debt assigned to CL Finance Ltd. - March 2010 - CCJ issued. - September 2010 - Debt sold to Lowell Financial. - July 2011, CL Finance found my address and sent all papers. This is when I was made aware of the previous proceedings. They invited me to settle with them. - August 2011, Lowell financial advise they bought a debt from Burtons, and invited me to settle the account. - August 2011, applied to have judgement set aside on basis that notice of proceedings never received, prepared a defence explaining the above timeline of events, accepted the original debt owed, applied to have default notice removed as served in error. - August 2011, went to court. Judge claimed I did not have reasonable prospect of success, asked for my comments. Advised judge she had clearly not read my defence, and took her through the facts. She changed her decision, and asked for me to submit a revised defence. - August 2011, Judgement from March 2010 'is hereby set aside' condition on filing defence. Submitted redrafted defence. - September 2011, advised Lowell it had now been set aside and would make payment arrangement with them. - October 2011, CL Finance wrote to explain I had failed to submit an allocation questionnaire. I called the court and advised that I had explained to the judges how they did not own the debt legally, and that they should not be pursuing me for this debt. They were surprised they were still pursuing me. The court asked me to send them written notice via email immediately. - October 2011, spoke to CL Finance representative, who agreed to remove the default if I paid the full amount owed to the company which they sold the debt to by a certain date. - December 2011, CL Finance wrote to advise they had discontinued their claim against me. - December 2011, did some more research and spoke to the IC and realised that a default could not be entered twice for the same debt. Sent a S.10 DPA 1998 notice. Received written response next day and default was removed.
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