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    • good you are getting there. Lloyds/TSb...i certainly would not be risking possible off-setting going on if a choice were there, but in all honestly thats obv too late now..., however..you might not never be in that situation so dont worry too much. regardless to being defaulted or not, if any debt that is not paid/used in 6yrs it becomes statute barred. you need to understand a couple of things like 'default' and 'default notice' a default is simply a recorded D in the calendar section/history of a debt, it does not really mean anything. might slightly hit your rating. the important thing here is a default notice , these are issued by the original creditor (OC) under the consumer credit act, it gives you 14 days to settle whatever they are asking, if you don't then they have the option to register a defaulted date on your credit file. that can make getting other credit more difficult. and hits your rating. once that happens, not matter what you do after that, paying it or not or not paid off or not, the whole account vanishes from your credit file on the DN's 6th b'day. though that might not necessarily mean the debt is not still owed - thats down to the SB date above. an OC very rarely does court and only the OWNER of a debt can instigate any court action (Attempted a CCJ) DCA's debt collection agencies - DCA's are NOT BAILIFFS they have ZERO legal powers on ANY debt - no matter what it's TYPE. an OC make pass a debt to a dca as their client to try and spoof people into paying through legal ignorance of the above statement. an OC may SELL on an old debt to a DCA/debt buyer (approx 10p=£1) and then claim their losses through tax write off and their business insurance, wiping their hands of the debt. the DCA then becomes the debt OWNER. since the late 70's dca's pull all kinds of 'stunts' through threat-o-grams to spoof a debtor into paying them the full value of the debt, when they bought if for a discounted sum (typically 10p=£1). you never pay a dca a penny! if read carefully, NONE of their letters nor those of any other 'trading names' they spoof themselves under making it seem it's going up some kind of legitimate legal 'chain' say WILL anything....just carefully worded letters with all kinds of threats of what could/might/poss happen with other such words as instruct forward pass... well my dog does not sit when instructed too...so... DCA's SOMETIMES will issue a court claim, but in all honesty its simply a speculative claim hoping mugs wet themselves and cough up...oh im going to court... BIG DEAL DCA - show me the enforceable paperwork signed by me...9/10 they dont have it and if your defence is conducted properly, most run away from you . however before they do all that they now have to send a letter of claim, cause the courts got fed up with them issuing +750'000PA speculative claims and jamming up the legal system. so bottom line is two conclusions.... if you cant pay a debt, get a DN issued ASAP (stop paying it!) make sure it gets registered on your file then it stops hurting your file/future credit in 6yrs regardless to what happens (bar of course a later DCA CCJ - fat chance mind!)  once you've a registered DN , then look into restarting payments if the debt is still owed by the OC, if SOLD to a DCA, don't pay - see if they issue a letter of claim (then comeback here!).        
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1st Credit and 'Simply Be' account with JD Williams


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Hi again,

Looking for advice again if someone could help I’d be grateful.

 

I check my credit file regularly and noticed that it’s gone down for the first time in months, it seems courtesy of my good ‘friends’ at 1st Credit.

 

Report says I opened an account with them in December and made a late payment

- this isn’t true as I’ve requested they put the account on hold whilst JD Williams supply the details from the SAR.

 

The cheque for £10 was cashed last week so expect them to arrive any day,

but I’m really annoyed that they’ve registered this on my credit file!

Is there anything I can do about it?

 

I’ve worked so hard to rebuild it and I don’t want these idiots ruining it

- I fear it’s going to be easier to either pay them or make them an offer even though I know they probably owe me more than I owe them!

X

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no it would have been shop direct that did that before they sold it on.

and you should now have a defaulted date showing too in the summary?

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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Hi

There’s no default just the ‘what’s chnaged’ And there it shows the new account for 1st credit alongside a late payment, almost as if I ‘chose’ or ‘applied’ to open the account! It’s really upset me - not least because they’ve still not provided the CCA! You probably think I’m crazy but after years of a non existent credit rating it means a lot :-/

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JD Williams confirmed no default has ever been applied to the account.

 

Co-incidentally the documents from the SAR arrived this am, (from JDW) including an electronically signed CCA, is that sufficient? I'm just going through the info now. Any idea what 'pomp' stands for at all? I can't seem to find a key for it?

 

thank you

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they are suppoed to explain every term they use or resend it in plain english with easy to understand accounts.

You can bet your bottom dollar it is an expensive payment protection or insurance add on that isnt worth a light.

Again questionable as to whether this changes the arrangement from a simple credit account to something different

 

JD Williams confirmed no default has ever been applied to the account.

 

Co-incidentally the documents from the SAR arrived this am, (from JDW) including an electronically signed CCA, is that sufficient? I'm just going through the info now. Any idea what 'pomp' stands for at all? I can't seem to find a key for it?

 

thank you

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Thank you both for the reply, I really do appreciate it.

 

I’ve gone through the info from JDW and it’s not totally clear as to whether the charges are interest or pomp (peace of mind payment/protection - thanks to the link andyorch supplied) so I’ll contact them to clarify.

 

There are a number of £12 charges added,

 

my question now is where do I stand?

 

What are my options?

 

The CCA provided is an electronically signed copy, is that valid?

 

Sorry for all the questions

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why don't you scan them up to ONE multipage PDF

read upload.

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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statements read upload

its a 2010 CCA so it'll be enforceable I bet.

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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Thank you - hopefully this works!

 

I have attached one page of the account history (there are several)

you may see what i mean from the row of data about it being unclear as to whether it's interest or 'pomp'.

 

I have also included the CCA but as you says i think that'd probably enforceable anyway.

Let me know what you think,

 

I have arrived home from work to find a default notice arrived, it says if I pay x amount before x date no further action will be taken in respect of the breach. If I pay what they ask will this prevent the default being applied to my record?

attachment.pdf

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no it clearly says the POMP figure

get that lot into a copy of the CISHEET

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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Thank you dx100uk I’ll get it done today.

 

I’ve felt so sick all weekend about it all, they’ve landed the default notice on me when they know JDW are in the process of providing the info under the SAR.

 

The default notice seems to read that if I make payment of the arrears before a certain date then no further action will be taken - does that seem typical?

Do they give you chance to do that?

 

My problem with a default on my record is that my elderly father is coming to live with me after Easter, he has Alzheimer’s and I have spent the last two years clearing my credit record enough to apply for a mortgage in order to buy a property for the two of us.

If they do this I’ll have no chance and everything I’ve worked for is ruined - with no time to sort it.

 

I have a credit card which has a zero % offer until Feb 28th that I can use to pay these idiots off, but then my issue are the pomp charges and penalty charges that JDW have added

- if I pay the balance in full where does it leave me with with regards to those?

Is it JDW I would pursue anyway?

 

Apologies again for all the Q’s

- I also wanted to explain what may seem an irrational fear of default/credit issue - at one time I didn’t care a jot! But I’m counting the days till my dear Dad can be with me...

 

thank you all

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I don't really think the one default will hurt a mortgage that much

its not like a CCJ.

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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The mortgage advisor stressed i have to have a clear file, I had a bankruptcy from 20 years ago which has affected who I can apply to - I just don’t want to risk it.

 

If I pay them - whether it’s the arrears to get them off my back ( I don’t trust that would stop a default however) or in full can I then still pursue someone for the pomp and penalty charges? And is that the original creditor I’d need to address it to?

 

Thank you again 🙏🏻

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scan the DN

and scan the comms/account log from the sar please

 

ONE multipage pdf please

read upload

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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Their account notes

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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I’m just going through everything now - I’ve downloaded Office lens so maybe able to get the DN to you sooner. There doesn’t seem to be a section of ‘Account notes’ or at least it’s not marked up as such, could it be diary records?

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Yes whatever it is they type their notes in

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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Ok thank you.

Sorry I feel like a right pain the back side but I’m so grateful for your time.

I think it’s easier and quicker if I wait till I get to work to upload it all in one file because I know it will be right then, if that’s ok.

 

And then if you’d be kind enough to review what’s there I can move quickly to make whatever payment I need to keep the default from happening.

.. if it’s not too late. ������(that’s how it reads to me but what do I know!!)

 

then it’s just a decision of whether to pay in full and take up the pomp/fees with JDW (if that’s the right thing to do) or whether I just make an offer to repay a monthly amount.

��heads mashed

 

Huge thanks for bearing with me and putting up with all my questions!

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Put the dn up

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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1st credit cannot register a default notice they are not the original creditor

IF there is a default on your file [not just calendar markers]

then you need to complain to the ICO

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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Really?

Them having bought the account/debt means nothing then?

Is it just scare tactics?

If so how are they legally allowed to get away threatening to do this to people just to extract money?

 

I don’t want to get into verbal discussion with them particularly - do I write to them?

Would they attempt to underhandedly get the OC to apply the default knowing that they can’t?

 

If i my lovely Dad wasn’t depending on me I wouldn’t be even slightly hesitant!

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