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    • ae - i have no funds to appoint lawyers.   My point about most caggers getting lost is simply due to so many layers of legal issues that is bound to confuse.  
    • Lenders have a legal obligation to sell the property for the best price they can get. If they feel the offer is low they won't sell it, because it's likely the borrower will say the same.   Yes.  But every interested buyer was offering within a range - based on local market sales evidence.  Shelter site says a lender is not allowed to wait for the market to improve. Why serve a dilapidations notice? If it's in the terms of the lease to maintain the property to a good standard, then serve an S146 notice instead as it's a clear breach of the lease.   The dilapidations notice was a legal first step.  Freeholders have to give time to leaseholders to remedy.  Lender lawyers advised the property was going to be sold and the new buyer would undertake the work.  Their missive came shortly before contracts were given to buyer.  The buyer lawyer and freehold lawyers were then in contact.  The issue of dilapidations remedy was discussed..  But then lender reneged.  There was a few months where neither I nor freeholders were sure what was going on.  Then suddenly demolition works started.   Before one issues a s146 one has to issue a LBA.  That is eventually what happened. ...legal battle took 3y to resolve. Again, order them to revert it as they didn't have permission to do the works, or else serve an S146 notice for breach of the lease   A s146 was served.  It took 3y but the parties came to a settlement.   (They couldn't revert as they had ripped out irreplaceable historical features). The lease has already been extended once so they have no right to another extension. It seems pretty easy to just get the lawyer to say no and stick by those terms as the law is on your side there.  That's not the case   One can ask for another extension.  In this instance the freeholders eventually agreed with a proviso for the receiver not to serve another. You wouldn't vary a lease through a lease extension.  Correct.  But receiver lawyer was an idiot.   He made so many errors.  No idea why the receiver instructed him?  He used to work for lender lawyers. I belatedly discovered he was sacked for dishonesty and fined a huge sum by the sra  (though kept his licence).  He eventually joined another firm and the receiver bizarrely chose him to handle the extension.  Again he messed up - which is why the matter still hasn't been properly concluded.   In reality, its quite clear the lender/ receiver were just trying to overwhelm me with work (and costs) due to so many legal  issues.  Also they tried to twist things (as lawyers sometimes do).  They tried to create a situation where the freeholders would get a wasted costs order - the intent was to bankrupt the freeholders so they could grab the fh that way.   That didn't happen.  They are still trying though.  They owe the freeholders legal costs (s60) and are refusing to pay.  They are trying to get the freeholders to refer the matter to the tribunal - simply to incur more costs (the freeholders don't want and cant's afford to incur)  Enfranchisement isn't something that can be "voided", it's in the Leasehold Reform Act 1967 that leaseholders have the right to.... The property does not qualify under 67 Act.  Their notice was invalid and voided. B petition was struck out. So this is dealt with then.  That action was dealt with yes.   But they then issued a new claim out of a different random court - which I'm still dealing with alone.  This is where I have issues with my old lawyer. He failed to read important legal docs  (which I kept emailing and asking if he was dealing with) and  also didn't deal with something crucial I pointed out.  This lawyer had the lender in a corner and he did not act. Evidence shows lender and receiver strategy had been ....  Redact and scan said evidence up for others to look at?   I could.  But the evidence is clear cut.  Receiver email to lender and lender lawyer: "our strategy for many months  has been for ceo to get the property".  A lender is not allowed to influence the receivership.   They clearly were.  And the law firm were complicit.  The same firm representing the lender and the ceo in his personal capacity - conflict of interest?   I  also have evidence of the lender trying to pay a buyer to walk.  I was never supposed to know about this.  But I was given copies of messages from the receiver "I need to see you face to face, these things are best not put in writing".  No need to divulge all here.  But in hindsight it's clear the lender/ receiver tried - via 2 meetings - to get rid of this buyer (pay large £s) to clear the path for the ceo.   One thing I need to clarify - if a receiver tells a lender to do - or not to do - should the lender comply? 
    • Why ask for advice if you think it's too complex for the forum members to understand? You'd be better engaging a lawyer. Make sure he has understood all the implications. Stick with his advice. If it doesn't conform to your preconceived opinion then pause and consider whether maybe he's right.
    • The Barclay Card conditions is complete. There was only 3 pages. This had old address on. Full CCA. 15 pages. The only personal info is my name and address. Current Address The rest just like a generic document.  Barclays CCA 260424.pdf
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Need Help, Taking on the CRA's


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Read a thread last night regarding credit files, and how searches should be listed.

 

Out of curiosity, I got my file out from Equifax, and if I am right, I have cause for serious complaint.

 

Firstly, the file states :

 

How long is this data kept on my Credit File ?

 

Searches remain on your Credit File for 1 year from the record date.

 

I got my file in Jan 2010 and some of the recorded search dates go back to 2008, one of them March 2008!

 

 

 

Then it states:

 

Table 1: Credit Searches

 

The following table shows searches in connection with credit applications:

 

In there, there are a list of searches made by various DCA's - Aktiv Kapital, Westcot, Mackenzie Hall and Ccml - United Utilities, and in the search reason list it is all either Outstanding Debt or Debt collection.

 

Table 2: Credit Searches

 

The following table shows searches undertaken for purposes other than credit applications. These searches have no impact on a credit decision:

 

This table seams fine, the majority of table 2 is Equifax themselves verifying my ID.

 

I have just got my free 30 day trial from Call Credit, and there are only 3 searches on there and two of them have the reason for search as Money Laundering!!!!!!!:|

 

I need to get updated credit files from Equifax and Experian, but had my free 30 day trials from them back in January, and I don't really want to be giving them loads of money.

 

Has anybody paid the £2 for the Statutory credit reports? Do they show searches and creditors???

 

I could do with some help here, as both my file and Huggy41's file have things listed in table one, that we feel really shouldn't be there.

:razz:ALWAYS REMEMBER, IF YOU GOT YOURSELF INTO YOUR SITUATION, YOU ARE MORE THAN CAPABLE OF GETTING YOURSELF OUT OF IT

WITHOUT THE HELP OF THE DCA's!!!!!!!!!!!

 

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Huggy,

 

The £2 online credit report shows you exactly what the paper one sent to your address does, it's just put in online form. And yes, it shows you all of the searches (although, you have to wait for experian to send a security code to access it, for some strange reason).

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this is a letter i'm sending to EQUIFAX what do you think .

 

I have just had a good look at my files and found that you have not only failed to omit searches older than 12 months but also allowed illegal searches to be conducted without my concent. ie Table 1:Credit Searches. to quote"The following table shows searches undertaken in connection with credit applications " end quote , on the dates 23/04/2008 - 08/09/2009 - (23/04/2008 not same address ) a credit search which is listed in Table 1 by Aktiv Kapital Group UK. And accourding to COMPANYS HOUSE they are infact a DEBT COLLECTION AGENCY and therefor should not have been encluded in a Table 1 search as i have never given my concent. As this has had an adverse effect to my standing i request that you remove the illegal searches from my files within 14 days and send me confirmation that this has infact been done. I would also like a copy of your complaints procedure.

PHOTOBUCKET TUTORIAL IS NOW DONE HERE IT IS

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I have got my £2 credit file from Equifax and it is just like the January one, except there are a few more searches from DCA's showing in Table 1. Also, the searches from 2008 are still on there. Obviously, there idea of 1 year is different to mine :roll:

:razz:ALWAYS REMEMBER, IF YOU GOT YOURSELF INTO YOUR SITUATION, YOU ARE MORE THAN CAPABLE OF GETTING YOURSELF OUT OF IT

WITHOUT THE HELP OF THE DCA's!!!!!!!!!!!

 

IF YOU NEED HELP WITH UPLOADING YOUR IMAGES THROUGH PHOTOBUCKET CLICK HERE

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Did yours take an age to arrive - applied online and paid £2 a week later I had an e-mail telling me my application had been 'accepted' and I would received my Report within 7 days which it did, but I thought it was 7 days from the date they received your applications, not 14 days!

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If you dont mind me asking how many searches have been made by Debt Collectors which say Outstanding Debt or Debt Collection? If there are quite a few searches by the same DCA's then you can ask them for compensation.

 

I recently got £300 off Mackenzie Hall for littering my Equifax credit file with 14 searches all in table one. I am now asking Equifax for compensation as they allowed Mucky Hall to repeatedly search my file and did nothing to stop them.

:cool::cool: Blondmusic :cool::cool:
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Harrased Senior, I got my Equifax file instantly online. Experian are sending me a code within 7 days so that I can view my file online. I accessed my callcredit file online lastnight using their 30 day free trial service.

 

Blondmusic, there are 3 sets of tables on my file for my last 3 addresses.

 

Address 1, table 1 - Mackenzie Hall 2

Aktiv Kapital 3

 

Address 2, table 1 -Mackenzie Hall 2

Aktiv Kapital 4

Westcot 2

 

Address 3, table 1 - mackenzie Hall 3

Aktiv Kapital 4

 

What I have just realised is that all but 1 for Mackenzie Hall and the Westcot ones, are accessing my files when the debts are stat barred.

 

I really need some help here guys. Who do I approach first regarding getting these removed from my files and hopefully getting a bit of compensation?

:razz:ALWAYS REMEMBER, IF YOU GOT YOURSELF INTO YOUR SITUATION, YOU ARE MORE THAN CAPABLE OF GETTING YOURSELF OUT OF IT

WITHOUT THE HELP OF THE DCA's!!!!!!!!!!!

 

IF YOU NEED HELP WITH UPLOADING YOUR IMAGES THROUGH PHOTOBUCKET CLICK HERE

IF I HAVE HELPED YOU OR MADE YOU SMILE, PLEASE FEEL FREE TO CLICK MY STAR

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I have downloaded a PDF file from the ICO regarding CRA's, and it states that Equifax and Experian usually keep searches on your file for 1 year, except for debt collection searches which stay on for 2 years. Any searches done through Callcredit stay on your file for 2 years.

 

http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/credit_explained_leaflet_2005.pdf

 

The link is working, if you get a white screen, just refresh your page and it should load ok.

Edited by huggys boss
added a bit

:razz:ALWAYS REMEMBER, IF YOU GOT YOURSELF INTO YOUR SITUATION, YOU ARE MORE THAN CAPABLE OF GETTING YOURSELF OUT OF IT

WITHOUT THE HELP OF THE DCA's!!!!!!!!!!!

 

IF YOU NEED HELP WITH UPLOADING YOUR IMAGES THROUGH PHOTOBUCKET CLICK HERE

IF I HAVE HELPED YOU OR MADE YOU SMILE, PLEASE FEEL FREE TO CLICK MY STAR

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The linked addresses part stinks, the whole CRA industry needs to be regulated, I don't see why we should pay for OUR data.... my credit file (to my knowledge) hasn't been accessed since September last year, when I had a load of searches by the same company, I am now going to mount a campaign to sort the file out as I may be prevented from getting a good job with a poor credit rating - the two should NOT go hand in hand, good credit = good job,, poor credit = no job.

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The linked addresses part stinks, the whole CRA industry needs to be regulated, I don't see why we should pay for OUR data.... my credit file (to my knowledge) hasn't been accessed since September last year, when I had a load of searches by the same company, I am now going to mount a campaign to sort the file out as I may be prevented from getting a good job with a poor credit rating - the two should NOT go hand in hand, good credit = good job,, poor credit = no job.

 

Thats a very good point - about 18 months ago i applied for a job for the RAC - at their centre in Bilston in West Mids.

 

Had a telephone interview and was accepted for 2nd face to face interview - along with letter was details stating that they would be doing a credit check. It also said that defaults and CCJ's would be accepted - IF i could prove i had made arrangements to pay

 

WTF? At the time i was in dispute on two account over PPI claims - where i had refused to pay the PPI element and was going through the court with them.

 

Now the job was not even cash handling - no payemtns or anything - just taking calls from broken down motorists - and sending recovery teams to them.

 

What has that got to do with credit file.

 

Also another job selling stationary to schools - on account - no cash etc. i had to have credit check.

 

Never bothered turning up for interviews - just thought eff you lot - you been conned by CRA's dont want to work for you.

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My credit file explains why Natwest wouldn't upgrade our current account from a Step Account to a proper current account. We had to switch to Halifax to be able to get an overdraft, I think Halifax must use Experian and Natwest must use Equifax.

:razz:ALWAYS REMEMBER, IF YOU GOT YOURSELF INTO YOUR SITUATION, YOU ARE MORE THAN CAPABLE OF GETTING YOURSELF OUT OF IT

WITHOUT THE HELP OF THE DCA's!!!!!!!!!!!

 

IF YOU NEED HELP WITH UPLOADING YOUR IMAGES THROUGH PHOTOBUCKET CLICK HERE

IF I HAVE HELPED YOU OR MADE YOU SMILE, PLEASE FEEL FREE TO CLICK MY STAR

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Letter writing time!

I am going to write to the compliance managers of each DCA who have recorded in table 1.

 

If I am going about this the wrong way, then can somebody point me in the right direction please.

:razz:ALWAYS REMEMBER, IF YOU GOT YOURSELF INTO YOUR SITUATION, YOU ARE MORE THAN CAPABLE OF GETTING YOURSELF OUT OF IT

WITHOUT THE HELP OF THE DCA's!!!!!!!!!!!

 

IF YOU NEED HELP WITH UPLOADING YOUR IMAGES THROUGH PHOTOBUCKET CLICK HERE

IF I HAVE HELPED YOU OR MADE YOU SMILE, PLEASE FEEL FREE TO CLICK MY STAR

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Absolutely right, to go this way as if you have to court you will be seen to have all you can to avoid the need for litigation,wait for their first reply so you can judge

their attitude, then please contact me if you want to,as you know Iv'e been there before.

 

God luck,

 

Brig

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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cheers Brig. I have just rang AK, Muck Hall and Wecot for their compliance managers details. There was only Muck Hall that refused to give me a name!!!!! All calls recorded :wink:

:razz:ALWAYS REMEMBER, IF YOU GOT YOURSELF INTO YOUR SITUATION, YOU ARE MORE THAN CAPABLE OF GETTING YOURSELF OUT OF IT

WITHOUT THE HELP OF THE DCA's!!!!!!!!!!!

 

IF YOU NEED HELP WITH UPLOADING YOUR IMAGES THROUGH PHOTOBUCKET CLICK HERE

IF I HAVE HELPED YOU OR MADE YOU SMILE, PLEASE FEEL FREE TO CLICK MY STAR

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Brig, you out there?

Is this ok?

 

I am writing in connection to my Equifax credit file, which I reviewed yesterday (19/09/10).

I was dismayed to see that there were 2 Table 1 searches made by yourselves.

I am sure that you are aware that Equifax Table 1 searches are in connection with credit applications, and as far as I am aware, I have never applied to your company for credit services, nor have I ever given anybody from your company permission to access or record on my file. In fact, after doing some research on the internet, I don’t believe that your company provide any form of lending services.

All of the search reasons that your company have listed on my file are “Outstanding Debt”.

I hope that you can appreciate the adverse effect your companies actions have had on my ability to get credit. To the point where I have been trying to upgrade my bank account from a Basic Account to a Rewards Account for about 4 years, and have only just found out that NatWest use Equifax to check people’s credit worthiness. In effect, because of your entries on my credit file, I have lost out on £520 minimum in Rewards which I would have earned from NatWest if your entries on my file were placed correctly in Table 2, and not, as they are now, in Table 1.

I request that you contact me within 7 days of receipt of this letter to inform me of what actions you intend to take to resolve this matter.

:razz:ALWAYS REMEMBER, IF YOU GOT YOURSELF INTO YOUR SITUATION, YOU ARE MORE THAN CAPABLE OF GETTING YOURSELF OUT OF IT

WITHOUT THE HELP OF THE DCA's!!!!!!!!!!!

 

IF YOU NEED HELP WITH UPLOADING YOUR IMAGES THROUGH PHOTOBUCKET CLICK HERE

IF I HAVE HELPED YOU OR MADE YOU SMILE, PLEASE FEEL FREE TO CLICK MY STAR

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triple posted :O(

Edited by huggys boss
broke it

:razz:ALWAYS REMEMBER, IF YOU GOT YOURSELF INTO YOUR SITUATION, YOU ARE MORE THAN CAPABLE OF GETTING YOURSELF OUT OF IT

WITHOUT THE HELP OF THE DCA's!!!!!!!!!!!

 

IF YOU NEED HELP WITH UPLOADING YOUR IMAGES THROUGH PHOTOBUCKET CLICK HERE

IF I HAVE HELPED YOU OR MADE YOU SMILE, PLEASE FEEL FREE TO CLICK MY STAR

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triple posted :O(

Edited by huggys boss
broke it

:razz:ALWAYS REMEMBER, IF YOU GOT YOURSELF INTO YOUR SITUATION, YOU ARE MORE THAN CAPABLE OF GETTING YOURSELF OUT OF IT

WITHOUT THE HELP OF THE DCA's!!!!!!!!!!!

 

IF YOU NEED HELP WITH UPLOADING YOUR IMAGES THROUGH PHOTOBUCKET CLICK HERE

IF I HAVE HELPED YOU OR MADE YOU SMILE, PLEASE FEEL FREE TO CLICK MY STAR

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Thats great just what the Doc ordered.

 

Rob Sands is compliance mgr at MH, he agreed in my case that'' table1 posts are inappropriate''

 

your letter says exactly what needs to be done feel free to contact me any time I'll help all I can.

 

 

 

Brig.

Edited by BRIGADIER2JCS
Laptop crashed

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Thats great just what the Doc ordered.

 

Rob Sands is compliance mgr at MH

 

Thankyou. It has been sent to all 3 DCA's who have registered the searches. Debating whether to tackle Equifax now or wait and see what the DCA's say.

:razz:ALWAYS REMEMBER, IF YOU GOT YOURSELF INTO YOUR SITUATION, YOU ARE MORE THAN CAPABLE OF GETTING YOURSELF OUT OF IT

WITHOUT THE HELP OF THE DCA's!!!!!!!!!!!

 

IF YOU NEED HELP WITH UPLOADING YOUR IMAGES THROUGH PHOTOBUCKET CLICK HERE

IF I HAVE HELPED YOU OR MADE YOU SMILE, PLEASE FEEL FREE TO CLICK MY STAR

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Hi personally I would get stuck in as they are joint data controllers similar letter to you first one but pointing out the searches are unauthorised by you.:!:

  • Haha 1

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Does this sound ok to go to Equifax?

Dear Sir/Madam

I am writing in response to the above numbered statutory credit file which I obtained for myself on 19/09/2010.

On close inspection of my file, I was dismayed to discover the entries that you have placed in the Previous Searches section of the file.

My report clearly states:

Table 1: Credit Searches. The following table shows searches undertaken with credit applications.

Table 2: Other Searches. The following table shows searches undertaken for purposes other than credit applications. These searches have no impact on a credit decision.

If you would care to look into my file, you will find that no less than 21 entries have been placed into Table 1. All of these entries are in relation to Debt Collection Agencies, with the search reason being “Outstanding Debt”.

The three companies that you have allowed to make entries on Table 1 of my file are Aktiv Kapital, Mackenzie Hall and Wescot. I have researched these companies on the internet and have discovered that they do not offer any lending facilities. I have never approached these companies to request credit services and I have certainly NEVER given them permission to search my file.

It is perfectly clear, that the mishandling of my file could have and has had an adverse effect on my ability to obtain credit.

One example is my banking situation. On more than one occasion, my bank NatWest invited me to upgrade my basic account to a rewards account, but every time they tried to process my application, it was denied due to my credit report. I personally feel that I have lost a lot of money by not being able to take advantage of a NatWest Reward Account. I have enquired at the bank today, and they do use Equifax when conducting credit searches.

I have also checked the copy of my file that I obtained on 29/01/2010 and I am extremely concerned to see that you have allowed the same thing to happen on that file with 16 Table 1 entries with the Search Reason being “Outstanding Debt”.

I am extremely upset at the way you have handled my file, and I wonder how long you have been allowing these types of searches to be recorded in Table 1 instead of where they should be in Table 2.

I request that you contact me within 7 days of receipt of this letter to inform me of what actions you intend to take to rectify this situation.

Thank You

:razz:ALWAYS REMEMBER, IF YOU GOT YOURSELF INTO YOUR SITUATION, YOU ARE MORE THAN CAPABLE OF GETTING YOURSELF OUT OF IT

WITHOUT THE HELP OF THE DCA's!!!!!!!!!!!

 

IF YOU NEED HELP WITH UPLOADING YOUR IMAGES THROUGH PHOTOBUCKET CLICK HERE

IF I HAVE HELPED YOU OR MADE YOU SMILE, PLEASE FEEL FREE TO CLICK MY STAR

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Hi ,Boss

 

That sounds perfect to me for Equifax,edited would be just right for a court claim too.

Keep me posted on the reponses.

 

Brig.

 

As a late thought refer to a report to the ICO if their response is not positive.

This ones a definite for reporting to my MP.

 

Brig.

Edited by BRIGADIER2JCS
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