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    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
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    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
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Arrow put Monument debt back on Experian **WON+COMPO**


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Hi, long time no post. asfaiwa my finances were now in a good place. I got a massive shock when I did a credit check on Experian two days ago to discover that a debt originally defaulted by Monument back in 2006 was now showing as a default to Arrow Global.

 

This case was dealt with by the court around 2006 who agreed a payment of £1 a month to Arrow Global who had purchased the debt from Monument, and I set up a standing order for £1 a month.

 

I was also paying £10 a month to Arrow Global for an RBS debt.

 

In July 2015 the £10 a month payments stopped as the RBS debt was paid off.

 

I can find no records of any £1 standing order payments to Arrow Global for the Monument debt since 2010 (as far back as my bank records go.)

 

In November 2015 standing order payments for £1 a month started to Capquest, who had apparently bought the debt from Arrow. The first one was £5, (coincidentally 5 months after July 2015 ie 5 x £1 payments), going down to £1 a month after that.

 

Arrow say they never stopped receiving £1 a month payment from me and that I had been paying by order book. I have no recollection of this at all and have no order book with them, nor any memory of cancelling the standing order to Arrow for £1 a month set up years ago, and no memory of setting up a payment with Capquest for £1 month in November 2015.

 

Arrow then informed me that when they sold the debt to Capquest, I defaulted, and the default date on my credit report dates back to November 2015, long after the original default date with Monument.

 

I didn't understand what was going on (I still don’t) and asked if there was any way the default could be removed. Their representative told me it was against the law for them to remove defaulted entries from CRAs.

 

But the default shouldn't be on there in the first place, should it?

 

It is my understanding that defaults should date only to the date of the default with the original creditor. Is this correct?

 

Now, thinking that the Monument debt had been well and truly dealt with I (mistakenly, shoot me now :doh: ) chucked out all my correspondence with Monument a few months ago during a filing session. Ditto Arrow Global and Capquest. (yes I'm an idiot. :crazy:)

 

I then rang Capquest who confirmed they started receiving £1 a month from me in November 2015. So why the default? Because, they said, I'd defaulted when they bought the debt from Arrow.

 

Taking them at their word I asked for them to suggest a settlement figure and they took a list of all my incomings and outgoings and said they'd pass on my details back to Arrow for them to see if my settlement figure was acceptable. I suggested £500 on a £2,300 original debt.

 

But once I got off the phone my husband said to me that something was fishy about all this, and that's when after discussing it we realised that the default shouldn't even be showing on my credit file.

 

Both Arrow Global and Capquest were insistent that I'd defaulted when the debt was transferred from Arrow to Capquest.

 

So what do I do?

 

This has caused me untold stress and completely ruined my otherwise squeaky clean credit record.

 

Gutted. :help:

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stop talking on the phone!!

you are being had blind

 

 

arrows are capquest, same group

 

 

get written proof of the defaulted date by the original creditor [which will now be Barclaycard?]

and demand arrows remove the default within 14 days else you'll raise a complaint with the ICo

  • Confused 1

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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Thanks for your considered reply dx100uk. Barclaycard do not own Monument as I understand it. Monument are now owned by Compucredit.

 

Is it likely that Compucredit have evidence of the original Monument default date? Does anyone have any experience of trying to get Monument default evidence from Compucredit?

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send an sar

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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probably the latter then

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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@dx100uk thank you for your help so far, I really appreciate it.

 

My husband just told me he kept all the folders for any unsettled debts. Just been up to the loft and I've got every communication from Monument right from when I first set up the account, and I have a copy of their default notice of 2005. :cheer2:

 

So do I now send a photocopy of the original default to Arrow, demanding that they remove the default notice on my credit report within 14 days or else I'll raise a complaint with the ICo? Is that correct?

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yep.

 

 

dx

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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no and please don't use FMOTL sites they are rubbish

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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you don't need a flippin template 2 lines as i've already written

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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no and please don't use FMOTL sites they are rubbish

 

Thanks for the info. I'd never come across that site before, nor the concept of FMOTL before you mentioned it, the template letter looked useful that's all. Apologies if links to that site are not permitted on here.

 

you don't need a flippin template 2 lines as i've already written

 

OK.

 

Do you have a link to a template ICO threat letter I could use in that case?

 

And how likely is it that Arrow will remove the default or am I going to have a 6 month back and forth letter fight on my hands?

 

Do you have a link to a template ICO threat letter I could use in that case?
Tried to remove that from above post as you've already answered me but editing time has expired.
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no they have 14 days end of

else you'll raise a complaint with the information commission and also seek financial compensation

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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no they have 14 days end of

else you'll raise a complaint with the information commission and also seek financial compensation

 

Thanks for all your help dx. I'll get that in the post today and let you all know the outcome in due course.

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pointless really

it wil be removed by arrows

they legally have no choice

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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Ensure its removed from equifax and call credit as well

 

Probably being reported to all three

 

Check noddle uk and clearscore

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PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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pointless really

it wil be removed by arrows

they legally have no choice

 

Is it not true, though, that their conduct is often not governed by its legality?

 

I wanted it removed asap as it was in dispute rather than even having to wait 14 days for Arrow. Is that a waste of time?

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Ensure its removed from equifax and call credit as well

 

Probably being reported to all three

 

Check noddle uk and clearscore

 

Thanks theoldrouge. As soon as it's removed from Experian I'll check the others and noddle and clearscore. Great advice. You and dx are both being very helpful, I appreciate it, thank you both.

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The Credit Agencies can insert a Notice of Correction pending any investigation in the meantime

 

https://help.creditexpert.co.uk/help/sv635/report_guide/notice_of_correction#

 

I trust you are keeping well Joan.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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In the meantime, I have communicated directly with Arrow's CEO including copies of the original defaul notice and he has has responded assuring me has passed my information on to the relevant department to deal with. I've also sent a hard copy in the post.

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The Credit Agencies can insert a Notice of Correction pending any investigation in the meantime

 

https://help.creditexpert.co.uk/help/sv635/report_guide/notice_of_correction#

 

I trust you are keeping well Joan.

 

Regards

 

Andy

 

Hi Andyorch! So long no speak! My husband and I were both reminiscing about you when I was on here the other evening, wondering how you are. What a crazy adventure we had a few years ago and how unbelievably helpful you were! :)

 

It is fantastic to finally be free of being chased by DCAs, the relief is immeasurable. Without people like you we couldn't have done it and I will never, ever forget the time you devoted to me, patience you showed me and help you gave us both. :grouphug:

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Kind words indeed Joan...as you can see Im still here battling away and advising on this murky infested industry...It was a pleasure to advise you and always looked forward to your charming and positive responses.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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The Credit Agencies can insert a Notice of Correction pending any investigation in the meantime

 

https://help.creditexpert.co.uk/help/sv635/report_guide/notice_of_correction#

 

 

btw thanks for this link Andy, done.

 

 

Kind words indeed Joan...as you can see Im still here battling away and advising on this murky infested industry...It was a pleasure to advise you and always looked forward to your charming and positive responses.

 

Aw :) I wonder how many lives you and the rest of the Debt Trauma Surgery team have saved over the years? Countless I'm sure!

 

One question I want to ask without going too much OT, is what is the likelihood of fines being introduced for CCAs who illegally put defaults on CRA reports? I was wondering how many lives these companies ruin, seemingly without a trace of conscience? Marriages ruined, houses not purchased, jobs lost, relocations prevented. The damage is unquantifiable and they seemingly go completely unpunished!

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