Jump to content


  • Tweets

  • Posts

    • No I'm not. Even if I was then comments on this forum wouldn't constitute legal advice in the formal sense. Now you've engaged a lawyer directly can I just make couple of final suggestions? Firstly make sure he is fully aware of the facts. And don't mix and match by taking his advice on one aspect while ploughing your own furrow on others.  Let us know how you get on now you have a solicitor acting for you.
    • Oil and gold prices have jumped, while shares have fallen.View the full article
    • Thank you for your reply, DX! I was not under the impression that paying it off would remove it from my file. My file is already trashed so it would make very little difference to any credit score. I am not certain if I can claim compensation for a damaged credit score though. Or for them reporting incorrect information for over 10 years? The original debt has been reported since 2013 as an EE debt even though they had sold it in 2014. It appears to be a breach of the Data Protection Act 1998 Section 13 and this all should have come to a head when I paid the £69 in September 2022, or so I thought. The £69 was in addition to the original outstanding balance and not sent to a DCA. Even if I had paid the full balance demanded by the DCA back in 2014 then the £69 would still have been outstanding with EE. If it turns out I have no claim then so be it. Sometimes there's not always a claim if there's blame. The CRA's will not give any reason for not removing it. They simply say it is not their information and refer me to EE. More to the point EE had my updated details since 2022 yet failed to contact me. I have been present on the electoral roll since 2012 so was traceable and I think EE have been negligent in reporting an account as in payment arrangement when in fact it had been sold to a DCA. In my mind what should have happened was the account should have been defaulted before it was closed and sold to the DCA who would then have made a new entry on my credit file with the correct details. However, a further £69 of charges were applied AFTER it was sent to the DCA and it was left open on EE systems. The account was then being reported twice. Once with EE as open with a payment arrangement for the £69 balance which has continued since 2013 and once with the DCA who reported it as defaulted in 2014 and it subsequently dropped off and was written off by the DCA, LOWELL in 2021. I am quite happy for EE to place a closed account on my credit file, marked as satisfied. However, it is clear to me that them reporting an open account with payment arrangement when the balance is £0 and the original debt has been written off is incorrect? Am I wrong?
    • OMG! I Know! .... someone here with a chance to sue Highview for breach of GDPR with a very good chance of winning, I was excited reading it especially after all the work put in by site members and thinking he could hammer them for £££'s and then, the OP disappeared half way through. Although you never know the reason so all I can say is I hope the OP is alive and well regardless. I'd relish the chance to do them for that if they breached my GDPR.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Default Notice- Can It Be Registered A Second Time After 6 Year Rule Has Expired


misterm
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5719 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Credit Card Debt - Original Default notice 1996/7 ?HSBC

Debt Then held by Equidebt/payment plan in place until July2008

HSBC then Reassigned debt to Phoenix DCA

Question - If i make no payment can Phoenix Default me a second time on same Debt resulting in another 6 year wait re credit file

Your advice would be apreciated THANKYOU

REASSIGNMENT DOES this mean debt has been sold ??

Link to post
Share on other sites

You shouldn't just stop paying DCA without valid reason. Before taking any action perhaps you should research this issue a little more to ensure you claim your legal rights correctly -

 

1. Have you ever applied for a CCA from HSBC?

2. Have you received a notice of assignment from HSBC, both for the Equidebt assignment & now the Phoenix one?

3. Did you receive a default notice from HSBC in 1996/7? If so, have you still got it?

4. When was your last payment to Equidebt made?

5. Have you ever reclaimed any unlawful charges aplied to this account eg. late payment, over limit fees?

 

Reassignment can mean either that the debt has been sold outright (ie. DCA has all legal rights that the OC had) or transferred partially (the legal rights to the debt remains with the OC, the DCA just has collection authority).

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

Link to post
Share on other sites

Only one default can be issued against any one debt/account.

 

This is irrespective of the debt being sold or handled by any other party.

 

They could, if circumstances were right, proceed to court for repayment and this could result in a CCJ against you, but there are steps to take if that is the case and it is not a forgone conclusion.

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

Link to post
Share on other sites

Thanks for your comments.

*Origanal cc agreement Midland Bank - Now HSBC 19.3 1987

*No requests made to date for CCA Proof

*Notice of assignment - HSBC verbally told me 15.8.08 that letter of assignment/notification sent to me 8.8.07 - sent to old address - have not lived there since 1997.

*I think HSBC issued Default notice 09/1995 -CAB involved

*Last payment to Equidebt July 2008

*No claims made for any unlawful charges

*During repayment period 1997-2008 no interest added to debt

 

**WHAT ACTION NEXT DO I make contact with Phoenix-Sarl-Marlin (marlin financial services/mortimer clark solicitors -all part of P-S-M I am told )

 

**Do I cca them before they strike at me ?

**Do i wait and see if they contact me

HELP PLEASE

Link to post
Share on other sites

Credit Card Debt - Original Default notice 1996/7 ?HSBC

Debt Then held by Equidebt/payment plan in place until July2008

HSBC then Reassigned debt to Phoenix DCA

Question - If i make no payment can Phoenix Default me a second time on same Debt resulting in another 6 year wait re credit file

Your advice would be apreciated THANKYOU

REASSIGNMENT DOES this mean debt has been sold ??

 

Yes because it is not linked to the original default.

 

If you take out a credit card making no payments after 6 months, a default can be put on your file. If you continue not to pay, no further default can be issued. But if you begin a new repayment plan and then stop, you can be defaulted for failing to comply to that agreement.

Link to post
Share on other sites

Am I missing The POint Last few posts have given contradictory views

Does any one know for sure??

Can i be Defaulted on the same Debt Twice if i do not keep to repayment plan?

It can be argued that i do not have repayment plan at present because i am waiting for Phoenix/Marlin to contact me.

Last payment made to Equidebt July 2008 100% repayment per plan with Equidebt since 1997.

Link to post
Share on other sites

if a debt is defaulted, and subsequently passed on/sold to a DCA, the DCA can update the current status of the default with the CRA, but a second default cannot be issued against the same debt, a complaint should be levied to the CRA and a request for the default to be removed, you may wish to bring the CRA's attention to the original default. as mentioned earlier, a debt cannot be defaulted twice.

Link to post
Share on other sites

Thankyou The concern for me was could a DCA issue a default on a Debt that had originally been Defaulted and was cleared from The CRA after 6 years If i have understood correctly No they cannot If they have i should complain to CRA IS there a Draft letter Do i need to refer to any legislation ? First CRA is clean i am awaiting the other two.Will keep you posted. Still no direct contact from P S M The new owner of the Debt.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...