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Pipps

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  1. When the purported debt was assigned I received a letter from the bank stating the following: Then when the bank updated 1st Credit as to my new address, an identical second letter was sent with a current date but stating the same transfer debt transfer date of 06/07/2017. Yet 1st Credit then applied a further September 2017 default to my credit file. Surely the September 2017 derogatory mark is unlawful? What should I do to force the DCA to remove it immediately?
  2. The DCA is 1st Credit (Finance) Limited, who have allegedly bought the purported debt. In June 2017, the bank notified Equifax that the credit card account had settled after reporting 3 late payments. In that same month, 1st Credit notified Equifax that I held an account with them and that the account had been defaulted. For reference, I have of course never held any account within 1st Credit now know anything about them. Subsequently, 1st Credit have now left that default on file with Equifax while having now also filed a second default with Callcredit for September 2017 against my new address, with no mention of the alleged June 2017 default on my Callcredit file. For December 2017, 1st Credit have now also notified Callcredit that the account is in Queried status. Regarding mortgages, some lenders accept applicants with one default within the last 2 years providing none have been within the last 6 months. 1st Credit's conduct here seems wilfully dishonest to me. Is it unlawful? What can I do to rectify it as a matter of urgency?
  3. Does that mean you would agree that the DCA's actions have been unlawful? It was indeed a claim under section 75 of the Consumer Credit Act 1979. I will win the court claim some time next year. However, I need to urgently apply for a mortgage in the meantime now. The fact remains that this DCA has issued a default and then moved it forward. What action should I take to resolve this as swiftly as possible please?
  4. In May 2015, I filed a Consumer Credit Act ("CCA") claim with my then bank ("CCC") for faulty goods that I had purchased for which they were jointly and severally liable. They ignored that claim but after I obtained a successful Ombudsman's decision they finally agreed to process it. In June 2017, while the CCA claim remained in progress, the bank sold the outstanding credit card balance (of exactly the sum of the faulty goods) to a Debt Collection Agency ("DCA"). The DCA immediately filed a default on my credit file against my old address for the alleged debt. In September 2017, I moved home. I also served a letter before action on the bank in respect of the still unresolved CCA claim. That letter stated my new home address, as would be stated in all subsequent litigation. The bank ignored the letter before action and a county court claim was duly filed. Meanwhile, the bank would appear to have passed my new address to the DCA, who in turn have now removed the purported June 2017 default and replaced it with a September 2017 default. As you might imagine, a default which is now less than 6 months old is causing me serious financial prejudice. Is it lawful for a DCA to register a default for one month before then removing it and replacing it with a more recent purported default for a new address? Surely a "default" can only happen once? Is it possible to enforce the reinstatement of the original June default until the litigation is determined?
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