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    • depends what the fees are, typically nothing can be added once judgement is passed bar litigation costs. on document retention time limits etc at least 6yrs previous must be held though many hold complete info. as for acronyms and abbreviations ideally yes they should     
    • Still have to submit a statement either system....if they fail they can only give verbal because they failed to file and serve.
    • OP stated they had been arrested, but not charged (let alone convicted). They DON'T have a criminal record, but do have an entry on the PNC. That information stays on the PNC (Police National Computer) for life, but doesn't get released in a standard DBS. It only MIGHT get released for an Enhanced DBS (eDBS) check  ... but it would be incredibly unlikely. (The rational behind this is that eDBS's allow for 'information at Chief Officer of Police's discretion' ..... this covers the 2 'barring lists' and is also intended for the scenario where someone has multiple arrests or investigations, where safeguarding is a concern .... it was brought in after the Soham murders / Ian Huntley case, where the information known about the now-convicted child murderer may have prevented his employment in a school, had it been made available). So, for the sake of accuracy and completeness, arrests stay on the PNC for life, wont appear in a standard DBS, MIGHT appear in an eDBS, but in reality, would be the exception rather than the norm, and I can't see them being released  to a defense barrister. What then if the defence found out a different way, and brought it up in court?. Again, unlikely, but the important feature is that the judge would make sure they trod very carefully!. They MIGHT consider using it if there were other factors that allowed them to try to cast doubts as to the truthfulness of your evidence, but on its own : No way. Anyone MIGHT be arrested (if a seemingly plausible complaint been made against them)! The approach to take if it did come up is to be truthful. "Yes, I was arrested. It arose from a vexatious complaint. I wasn't charged, let alone convicted. That could happen to any one of us, if a vexatious complaint gets made" Far better that than lying, saying you'd never been arrested, and getting caught in a lie : that would ruin your credibility. I'm incredibly doubtful it will even come up, though.
    • we dont get N157 because its new OCMC but no court dont have evidence either.   Just seems a bit of a pointless wait but oh well
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Default issued incorrectly, ruined my credit


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Hello everyone

 

I have a default on my credit report, dated the 9th August 2016, after many conversations with the co-op about the issue. I believe the default should not have been issued, and was issued in breach of the consumer credit act. Here's a timeline of events and amounts

 

  • 02/11/15 - Overdraft facility cancelled with outstanding amount of £1667
  • 10/11/15 - Repayment plan set up for £31.57 per month, for 6 months, with the letter stating that the co-op would be in contact to re-evaluate the plan at a later date.
  • I made all payments on time as per the agreement, with the final payment on 04/06/16. The payments were made by direct debit.
  • No contact received from co-op
  • 08/08/16 - Letter from co-op saying the account had been placed in default, and the debt had been passed on to a collection agency. The letter stated that the co-op would refuse to discuss the account any further
  • 09/08/16 - Default registered on credit report (this was not noticed by me until more recently). I had called the co-op, and they said the letter had been issued in error, and we set up another payment plan to continue repayments. This plan was for £x per month, starting on 01/09/16
  • 09/08/16 - Account statement shows balance changing to £0, then back to -£1423
  • 12/08/16 - Default notice received, stating that I had until 29/08/16 to repay the account in full, otherwise a default would be issued.
  • Multiple calls to co-op were made about this after the notice, and they assured me it had again been issued by mistake ("a mix-up in the process") and would be recalled, and I could continue making payments.

 

In September, I also received 3 more letters (on the 30/08, 07/09 and 23/09) asking me to pay money into the account, even though I already was. When I called the co-op about this, they told me to ignore them.

 

Then on the 5th November I checked my credit report, and noticed the default. I again called the co-op and was told it was an error, and that it would be removed. I was told the issue was being referred to the Credit Ref. Amendment department of the co-op bank.

 

My main issue here is that the default was issued before I had any chance to rectify it. I'm pretty sure the consumer credit act says they have to give me chance to repay in a certain period when the notice is sent.

 

I'm unsure what to do next, I've heard nothing since then, and I was making plans to buy a local business by applying for a business loan, but there's no way that will happen now.

 

I have been making payments and the current balance is now £1335.

 

Was I in the wrong here? Can anyone advise me on what to do next please?

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Well they were entitled to default you on the date you first defaulted (nov11)

 

But they didn't

 

CEO complaint?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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