The judgement papers were sent to an address i no longer lived at, despite notifying of the change. The original debt had been in dispute prior to them sending this paper work.

My question really relates to the actual procedure, i.e the forms i need to fill in and where i need to send them etc.

Hi

Can anyone point me in the right direction. I am wanting to remove a CCJ from my file that was unfairly given. I just need to know the actual procedure, i.e who i need to speak to, or send information to.

Thanks

Thanks for the comments so far.

I am going to send Hillesdens a letter, and refer them back to the letter that they had sent out saying that the account had been stopped. What i want to know is who can i threaten them with so they get the message? Would it be the information commissioner, or someone like the OFT?

Update on this issue:

I sent a letter to Hillesdens including the s10.

Basically due to Hilledens not holding any data that connects me to this alleged debt, they were sending letters every 21 days saying they were still looking for them. This was going on every 21 days for about a year (see above for full details).

The latest development is this:

On the 24th March Hillesdens sent a letter stating:

1. Our client, Barclays Bank Plc, is unable to provide a copy of the documents requested under the Consumer Credit Act 1974.

2. Consequently, I can confirm that all enforcement proceedings on the account have been stopped.

3. Please find enclosed £1 postal order for your request made under the consumer credit act 1974.

That i assumed, would be the end of the matter. However they have today sent a letter with an Annual Statement of Account.

This states that i still owe this money, and that it is in default. As well as the various means that i am able to pay.

The statement period is dated 01/10/08 to 01/09/2009

Obviously i am going to reply with the letter they had previously sent stating their previous letter. Can anyone give me an idea on how i can esculate this to ensure these idiots get the message.

Thanks

Thanks for the reply.

It all seems very unfair, and encourages companies to behave badly. Keeping people on temporary contracts (or no contract) so they can get them to do whatever they feel like, and then force people to leave the company by offering them less money when they have had what they wanted from someone.

I would have thought that there would be more protection for employees?

Hi

My Girlfriend took a job in February 2009 at a hotel. The job that she took was on a temporary basis to cover two girls that were going off on maternity. The job description that she was given was the kind of work that she was looking for, and although it was less money than she wanted, the experience was the kind she needed to gain in order to progress her career. She was told that her pay would be reviewed after 6 months, and that the job would be made permanent after this time.

She has never received a contract, nor has she ever received a job description. She has been asked to fulfill several roles (not included in the original verbal job description), to cover more than one member of staff on maternity. She has not received any review to determine how they feel she is doing her job, and has been on the end of some vicious behaviour from her boss.

Despite this she has performed the tasks she has been given well, and has had several positive comments from other members of staff.

Today she has been told that if she wishes to remain at the company she must change her job, accept shift work, and take a pay cut.

This strikes me as very unfair. Having never been given a contract to sign, been overloaded with jobs (meant for 2 people), not receiving any support or guidance, despite the initial promise of wage reviews and extension of the temporary position, and now to be told if she wants to stay with the company accept this lower positioned role, with less money, and more hours.

Can anyone point us in the right direction on how we can get some advice or help?

Thanks

Colin

Thats great will send these tomorrow.

Thanks

Also is there a way to force Hillesdens to remove all info that they have given to CRA. I don't see why i should be the one doing this as it is them who have been giving info that is incorrect.

Thanks.

What kind of thing do i need to say in the 'bog off' letter (other than bog off!)?

Where can i find this s10 form, and what exactly is this?

I shall have a look myself to see what i can find out, but any help is appreciated.

Hi

I have been having problems with Hillesdens updating my credit file on a monthly basis. This is negatively affecting my credit score. As i do not recognise the debt i wrote to them to supply evidence of what this debt was and that they had a legal right to claim this.

The original letter was sent to them on the 15/09/07.

They replied with a letter stating that they could not find the information that i had requested and that they would update in 21 days. This they did updating with exactly the same letter every 21 days, stating they can't find the info but will update every 21 days.

The same letter has now been arriving on my doorstep evry 21 days for the past 11 months.

I have had many things to do recently and haven't found time to sort this out, but i now have the time, and want this removed from my credit file asap.

Can anyone advise on the best course of action. Or the best letter to send to Hillesdens to make them remove all data that they have been falsely giving to CRA's.

P.s i have kept every single piece of correspondance.

Thanks

I presume that i will need to contact all the CRA's individually.

How did you word your email?

Hi

I have been having problems with Hillesdens updating my credit file on a monthly basis. This is negatively affecting my credit score. As i do not recognise the debt i wrote to them to supply evidence of what this debt was and that they had a legal right to claim this.

The original letter was sent to them on the 15/09/07.

They replied with a letter stating that they could not find the information that i had requested and that they would update in 21 days. This they did updating with exactly the same letter every 21 days, stating they can't find the info but will update every 21 days.

I have had many things to do recently and haven't found time to sort this out, but i now have the time, and want this removed from my credit file asap.

Can anyone advise on the best course of action.

P.s i have kept every single piece of correspondance.

Can anyone advise me on the best course of action for the above?

Thanks

Thanks HAK

I will have a look at doing this, if i do complain, and they still find no information would this mean that they have no legal right to claim the debt, and therefore no legal right to update my credit file?

Are there any timescales that need to be observed whilst doing this?

Update

received yet another letter from Hillesdens (04/02/08) informing me that they are still trying to locate the details of this account, and will update in 21 days. This is the third time they have sent this out so have had well over 9 weeks to locate the information.

Is there anything i can do, i want to remove this from my credit file, Hillesdens are updating my credit file on a monthly basis. They are doing this yet have no info regarding the debt.

???

Hi

Just an update on this one.

I had sent them a non-compliance letter on the 11/01/08, they in turn responded sending out the same information as they had previously (a statement of payments made). The letter i had sent them specifically listed what items were missing from my original SAR. They have ignored this now on three seperate occasions.

I am looking now to take this to the next level, as they are repeatedly ignoring my requests. What should be my first port of call. I presume i would need to complain to the information commissioner. If this is the way to go how do you go about this??

Appreciate any advice.

Thanks for the advice curlyben.

I'll look into this and keep updated with any further developments.

Hi Curlyben

I have sent them a SAR, they have then replied with the above response. And i have requested all details they hold, every last thing.

My query really lies with them asking to prove who i say i am. This is the bit i don't understand. They appear to find it perfectly fine to divulge my information to a company such as NCO, and allow them to do what they wish with this. However when i (the account holder) ask for information relating to this they initially can't find anything, and require more info, when this is supplied they require further proof. They'll be asking for a DNA test and a paternity test from my parents next in order to prove i am who i say i am.

I couldn't care, but it seems that i am the one who owes them money. Anyone would think they didn't want it.

anyone?

Has anyone had a similar experience.

This has been going on since 27/09/07, should i write to them with a non compliance letter?

Hi

I have again received the same letter from Hillesdens, in reply to my CCA request. The request was sent on 27/09/07, they replied saying that this did not apply as an overdraft, and would request statement of accounts from Barclays (and update in 21 days). NO response until today, when i received a very similar letter stating they are waiting for the statement of accounts and have put my account on hold until they have received these details.

What should i do now?

Have received a letter today from HSBC saying that they have now found the dormant account, and that to have any further dealings involving the account i must now go to the branch to prove who i am.

This is all a bit strange.

They claim i owe them money (via NCO europe)

I ask them to prove this by supplying details of account, they fail to respond. When they do finally respond they said they could not find any details relating to the account and asked for more info.

I supplied the relevant info, and after approx 3 months they have now said that they have found the details and that i need to prove who i say i am at a branch.

Is this right? What would you do? I want to get this sorted, and removed from my file.

Would it be an idea to contact the solicitors acting on behalf of the creditor to explain the situation, and ask them that if they agree to set this aside due to never receiving the papers i will pay the money owed in full.

The debt in question the one at the beginning of the thread has not yet been paid. I have waited and applied for it to be set aside before payment, in the hope that this will be accepted and the mark removed from my file. If i do not win this and it is not set aside, i have not lost anything.

This is not the first time this has occurred.

I had a previous debt for tuition fees that was very complicated, but basically i was in dispute with the uni about the fees. Whilst this dispute rumbled on i had moved house, and despite informing them of the move they continued to send all correspondance to the wrong address. Obviously as i could not reply to this mail they assumed i was ignoring them so they hit me with a CCJ (without my knowledge). A month or so later after speaking to the student loan company it turned out that i had been wrong in my initial dispute over the fees. As soon as i had found this information out i went to uni and told them that i accepted that i was wrong and that i would pay the full amount (still unaware of the CCJ they had given me). This was paid and i forgot about the whole business.

A few months later i got a copy of my credit report and found that they had given me a CCJ, and this was still showing as owed.

I contacted Uni who told me that the only course of action would be to get a certificate of satisfaction (as the debt had already been paid and therefore to late for a set aside) this i did after seeking advice only to be told the same information.

This is what i am trying to avoid this time around, i do not want to leave it to chance that this will be set aside.