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    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • 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?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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Newaday Aqua/Hoist - Settled but incorrectly recorded **DEFAULT REMOVED**


dale1988
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Hi All looking for some advice about getting a default removed and/or corrected as I believe it was applied incorrectly.

 

I have checked my credit file and hoist applied/maintain a default in November 2014, but the last payment I made to AQUA was in April 2013.

 

I have sent SARs to both Hoist and AQUA, I spoke with Aqua and they have stated that Hoist placed the default, and that they can give me no transaction information as account information over 4-5 years old that was sold on has been purged/removed from their systems.

 

Hoist have yet to respond to the SAR.

 

Few questions:

 

  • If the default was applied over a year late, is it incorrect and can it be removed?
  • If AQUA cannot provide transactional history, how can I ever reclaim the late payment and over limit charges?

 

Many Thanks

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aqua put the default on upon sale a debt buyer cannot register a default

the account is less than 6yrs old last transaction

if so they MUST hold the data

under the prevention of fraud act

and the data protection act.

 

I suggest you write then a strongly worded LETTER

giving them 14 days to produce the SAR contents or you'll be making a formal complaint to the ICO.

 

is this an halifax aqua card or a newday one?

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 the swift response, Aqua sent me a response via email from the exec complaints dept stating they no longer had my data on their system and to contact Hoist.

 

The card in question is from New Day.

 

I'll send off another letter referring to my SAR as I've no wish to issue them with another £10.

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you state what I quoted above

send it to newday HQ

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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  • 2 weeks later...

Evening,

 

I have had a response from a SAR, the letter states "We are unable to provide any data relating to the closed account in question" end letter...

 

So where do I stand now?

Can I raise a formal complaint to them on the grounds of incorrect default, no evidence one having ever been issued?

(or does the fact it's on my credit file defeat that argument)

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id give the ICO a ring now

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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Should I raise a complaint based on the 4th Principle of the DPA, in that they cannot provide any data therefore bringing into question the accuracy of the data they are reporting to CRA? Moreover they cannot surely satisfy CCA compliance given there's no evidence of a default notice ever having been sent?

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" Moreover they cannot surely satisfy CCA compliance given there's no evidence of a default notice ever having been sent? "

 

Again as per your other thread there is no legal connection between a CCA Request request and a Default Notice.Two completely separate instruments.

 

Andy

We could do with some help from you.

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" Moreover they cannot surely satisfy CCA compliance given there's no evidence of a default notice ever having been sent? "

 

Again as per your other thread there is no legal connection between a CCA Request request and a Default Notice.Two completely separate instruments.

 

Andy

 

The connection I was trying to make was that as they cannot do the following i.e. they have nothing to evidence that it was even served, how can I ascertain that it wasn't invalid?

 

A copy of the default notice must be served on any guarantor [3].

The default notice must meet certain requirements [4] , and must contain specified information, including:

the nature of the alleged breach of the agreement;

if the breach can be remedied, what action is required and the date before which that action should be taken (the date must not be less than 14 days after the notice is served), and

a clear and unambiguous statement of the action the lender intends to take if the breach is not remedied.

 

If they cannot meet the above they fall foul of CCA, and by my understanding also of DPA section 4, or am I clutching at straws?

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Clutching at straws and mixing your arguments up.....

 

You have.....

 

The agreement...is it valid and can they enforce the agreement...can they disclose the agreement yes or no if not they cant enforce the agreement.

 

The Default Notice...is it valid..legally......was it ever served.....if not they would struggle to enforce an agreement in court without proof one was served and was valid.

 

The DPA and recording of data....was there a breach in the agreement by the debtor...did they serve a valid default notice.....you did not rectify any breach within the prescribed 14 days...then they are entitled to mark your CRAs with the breach which will remain for 6 years from the date of the breach.

 

Keep reading......:-)

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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  • 2 weeks later...

Well I finally received a SAR from Newday!

 

The only problem is, it had my address and name on the envelope but the covering letter had my address with another persons name on it! oh and all THEIR account information! whoops, so I now have someone else's SAR with account information, default, address and phone numbers! :)

 

So Mondays phone call should be interesting, I'll be raising some concerns as to where my data has ended up - do we think this will give me a silver bullet to sway them to remove this default, or off to ICO/newspapers I go...

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no but a complaint will harm them, ICO needs to be told.

 

newspapers = do not get carried away those days have near gone!

 

 

How your information has been handled

If you’re concerned about how an organisation has handled your information – if the information is wrong, they have lost it or disclosed it to someone else – tell us. do it on line at ICO site

:mad2::-x:jaw::sad:
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I have some updates,

 

Aqua have come back and apologised for their blunder, offering to reimburse me to send the SAR back to them

- I've reiterated that I would like the default removing as a gesture of good will, which they once refused already

- but have now gone away to reconsider given the above. (on going waiting for FRL).

However I've also now received my SAR.

 

The default notice I believe could be invalid, it states I have to pay by the above dated DD/MM/YYYY, but then the last paragraph states that I must remedy the breach within 28 days of the date of the letter. So there's two entirely different dates by which to remedy, would this be sufficient to get the default removed?

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scan it up to 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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  • 2 weeks later...

well done!

 

dx

 

 

 

 

 

 

 

 

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Please help.

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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