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    • Hello, Following the submission of my defense, last night I received an email from DCBL indicating that the claimant intends to proceed with the claim (I've attached a screenshot of the email for reference) along with the N180 directions questionnaire. I'm unsure how they obtained my email, but I suspect it was through the courts' form when I completed the Acknowledgment of Service. This email almost slipped my attention. I have also today received a letter from court to state they have received my defense.  It appears they are requesting an online telephone hearing with the court. Could you please advise me on the necessary steps I should take at this point? Thank you for your assistance. Letter-Email 25-04-24.pdf N180 - Directions questionnaire (Small Claims Track).pdf
    • Default Amount £9237.88, all this started in 2006 Admitted debt £9075.65 Weightmans added £1515.01 immediately they became involved, no explanation The Statement shows when Marlin bought debt in May 2011 £10439.25 Their statements, not received until the SAR, are based on this. Cabot deducted £1515.01on their statements in January 2019, again did not find this out until SAR. Weightmans added in  2007 after the CH1 etc was confirmed by the court £741.50, made up of Process server fees, Court Fee (they tried for bankruptcy), Solicitors fee and Land Registry fee. Unspecfied Legal costs were added by Marlin in March 2015, again I did not know this until statements received with SAR I had been paying monthly, without exception until December 2018. I am minded to take the property charge, CH1 amount ,deduct all my payments and the subsequent fees, and request/demand a refund on the final payment made? I consistently disputed Weightmans balances, but they never responded. I also told Mortimer Clarke/Cabot that I disputed their amounts.  
    • Just follow this link and have read of some threads so your familiar with the process https://www.consumeractiongroup.co.uk/topic/347310-legal-n180-directions-questionnaire-small-claims-track/#comment-5178739
    • Sorry,  I'm not familiar with terminology.  Direction questionnaire is what I've seen online as next step. Witness statement: I haven't gone that far, that's why I put the question marks.
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Arrangement to Pay has caused a Default on my credit file


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Hi,

 

I wonder if anyone can help. I recently entered a DAS(Debt Arrangement Scheme - applicable in scotland) to pay of 50k of debt. The terms of my 5 loans have been increased to 100 months of £500 payments from 60 months, and i am still paying the total amount off which is my intention.

 

I've recently looked at my credit file and i have 5 defaults for these loans, is this correct?

 

I was expecting there to be an adverse affect on my credit file, but i was expecting 'AP' arrangement to pay on my file as opposed to a 'default'.

 

I've made every effort to face these debts and pay them off, but my credit file looks the same as if i had ignored the debt and not made any effort to deal with it.

 

Is there anyway this can be changed? I've recently been refused a job because i failed the credit checks.

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They do have to send you a notice of default although non-delivery (in the case of moving home for example) doesn't cut the mustard as far as non-service a default notice. Prior to the default notice they have to warn you you are at risk of default, and they must give you the chance to pay to prevent the account falling into default.

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Agreed, my offer to pay reduced terms over a longer period, paying the whole sum back has made no difference. They've defaulted me even when they've agreed the terms.

 

Any ideas on what i should do?

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They cant default you unless you defaulted on the scheduled payments. That`s how it feels to me. Raise a dispute with the agencies in question.

 

Pending on your situation you can hard ball the creditor saying that you about to move abroad to the likes of Cuba and if they want something you offer them a 10 pence on a pound provided they also give you a letter stating their total satisfaction, the fact that the debt is fully discharged and their agreement to remove all arrears, defaults etc from your credit agencies file.

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i've spoken with TSB who say they will remove the defaults and will fax equifax so it is done quickly.

 

They still haven't done it. i've phoned every day and keep getting excuse after excuse, i've asked for it in writing and they say they have requested that it is sent to me.

 

Has anyone else had any experience of this? Whereby verbal promises are offered but never actioned?

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  • 4 weeks later...
i've spoken with TSB who say they will remove the defaults and will fax equifax so it is done quickly.

 

They still haven't done it. i've phoned every day and keep getting excuse after excuse, i've asked for it in writing and they say they have requested that it is sent to me.

 

Has anyone else had any experience of this? Whereby verbal promises are offered but never actioned?

 

All the time.. they say one thing on the phone and do another in reality. Ask for a copy of their complaints procedure and escalate your complaint. If all else fails threaten them with legal action. That may get their attention!

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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