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  1. i tried the brief pleading letter to the customer services director, you reckon the CEO might have a better chance ? ...Yeah looking for a mortgage and its screwing me up.
  2. Hi, can anyone offer me some advice. I've recently discovered a default on my Credit file from 2014, i don't know why I've not seen this before, either blinkers on or I've just not checked thoroughly. Its for £154 from Lloyds, i moved bank accounts a few years ago and in doing so once the overdraft facility had been removed etc there was a negative balance on my account for £154, it was there for a few months and then paid once i had realised, so is settled but the default has been registered. I don't recall receiving a default notice for this at the time, the negative balance was created through overdraft facilities being withdrawn, therefore utilising i assume an unauthorised overdraft, then the account was closed when it was cleared. I contacted Lloyds using the nicely nicely approach asking them to consider removing the default as it was for such a small amount that was causing a negative affect on an otherwise healthy credit file. They wrote back saying why they registered it and no, they wouldn't remove it. having no recollection of ever receiving a default or notification of default i wrote to them, enclosed a £1 postal order for their time etc and they wrote back. They say "We can only remove a default if its been registered due to an error and this isn't the case in this instance. Data forwarded to the credit reference agencies has to be sent in line with the data protection act, principle 4 of the DPA states that personal data shall be accurate and where necessary kept unto date. if inaccurate data about one of our customers is held by the credit reference agencies, we'll be in breach of the DPA. Removing the default we've recorded with regard to your current account debt would mean we are not reporting accurate data. We don't retain copies of default notices, or enforcement notices in the case of overdrafts, and we are not obliged to do so That being said i can confirm that we sent an enforcement notice to you on 18th November 2013. This explained that if you didn't repay the outstanding amount your account would be passed to our consumer debt recovery department and a default recorded on your credit file with the credit reference agencies, to stay in place for six years. Your current account was considered to be in default on 12th feb 2014 when the balance was overdrawn by £154.49 We are not obliged to keep paper records indefinitely and as your account was closed over 2 years ago I'm not not able to supply you with a copy of the application form. However i have enclosed a copy of the final statement we issued on the account and this confirms the amount of £154.49 was outstanding. Yours sincerely......... Can i go anywhere with this, they are claiming that they aren't obliged to keep copies of notices sent to me, their records state they did send it, i say i never received it. The debt was cleared by me and this is shown on the statement they have sent to me with the letter. They claim that the letter they sent me stated (see underlined above) if i didn't repay the outstanding amount my account would be passed to their debt recovery department. They make no mention in the letter that they apparently sent about time scales or when the debt should be repaid by or state how long i had to pay it, only that if the debt wasn't paid. But it was paid. There is no letter to refer to to check as they don't have one, only the comments made above. Could this be my get out clause the fact they make no mention of how long the debt had to be paid ? Or do they have to be able to provide the info i have requested under the CCA ? Im not sure if its covered by the CCA 1974 but in one of their responses they stated that the default will remain there for 6 years in line with the CCA 1974. Appreciate any pointers. Thank you. Is it important to add, the account was closed , it was transferred to a new bank who took care of all the dd transfers, balance etc, so when the Lloyds account was closed i never received any request or demand for payment or agreed with them to set up a repayment plan for the balance that was left outstanding. It only came about as i finally received a request for payment from a company called apex acting on their behalf.
  3. Thanks Andy, its this next stage i wasn't sure what to do.
  4. Hi Silverfox, the phone initially was not taken out in my name, it was taken on through a friend who could get additional phones through a family and friends perk at 02, the name and address was then simply changed on the account so the invoice came to me, the mobile phone contract with them went into dispute, made the last payment in November 2009 - confirmed with o2, and i did not continue to pay but then never heard anything more about it until March this year. ..... after 6 years. It wasn't like the modern mobile contracts where you are taking out a loan for the hand set and then then contract for service, it was an all in one kind of thing, i know 100% that i never signed a thing as like i said it was set up thru a staff member of O2. In my defence i made the court aware that i have not received adequate info to be able to assess the claim, that I've not acknowledged this debt in 6 years, nor made any payment in 6 years, received nothing from them about this debt, that it is statute barred, I've requested documents from BWL that they have not provided STILL, all the claim is denied. I filled in the directions questionnaire i didn't ask for mediation as i have no paperwork from BWL about anything just a court claim, should i be writing to someone to remind them of all this or do the court make contact again after they receive my Directions questionnaire ? Thank you, flapping a bit and feel like i should be doing something more, writing more etc. Cheers
  5. Good evening forum, been a member for a while but its been a while since i posted or visited, i could do with some advice please if anyone could spare the time. In a nut shell.... Lowell through BWL have issued me with a claim form for an old mobile phone bill, i have got to the stage where i have just returned a directions questionnaire to the court. The POC on my claim form state that "telefnoica are claiming for a mobile agreement thats regulated by the CCA 1974... it goes on to say "the defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been issued and not complied with" I defended in full and on my defence i advised that i believe the debt to be statute barred, after checking with Telefonica they have confirmed that the last payment was November 2009 and there was no further contact/acknowldegement made after this, They registered the default date on my credit file as 1/6/2010. I also made the court aware that BWL claim that a mobile agreement is regulated under the CCA - which i believe it is not. So this is incorrect CCA Request Sent, CPR31.14 sent - Nothing received back for CPR31.14 - further email sent to them chasing for information. BWL replied to my SB letter advising that because the default date was 1/6/10 it wasn't statute barred but they haven't provided any further evidence to support this. DQ received, I have sent off the DQ . Lowell responded with a £1 refund advising that this account isn't regulated by the CCA 1974 - despite their claim specifying it is and on the POC they state that i failed to meet payments under the terms of that agreement ??? I now don't know what to do next, do i just wait for the court to request paperwork prior to arranging a hearing or before that happens should i be writing to BWL again reminding them that the debt is statute barred and that they haven't provided any real info to tell me why its not , based on this they should pull their claim? Also their wording on the POC on the claim form is all wrong as its not a regulated agreement but they claim is that it is, and under that agreement (that doesn't exist) i failed failed to meet contractual payments. I should also add that i never signed any form of agreement so there is not one in existence but i played the game by asking for BWL to provide the one they refer to. If i should be writing to BWL can you advise what content i should have in my letter and what i should leave out, don't want to shoot myself in the foot here. Thank you for any help and advise.
  6. in addition the letter they have sent stating they have a warrant to enter the property is not addressed to my sister it just states: To the user of electricity at ADDRESS, surely thats not right ?
  7. ive just posted a similar thread, my sister is having real **** with them....
  8. HI Can anyone help or offer me some advice ? Im writing on behalf of my sister who has got herself in a right tiz, and its not surprising as BG seem to really not be interested and keep fobbing her off, shes at the end of her tether and im worried. Basically, BG messed up her bill and increased the amount she was paying, she fell behind and has ended up with a £600 electricity bill which in my eyes isnt a HUGE bill really but its big enough, anyway shes fell on hard times so shes tried to sort all her finances out, a debt advice company has helped her draw up a budget and shes sent letters out to everyone she owes. Shes made several smaller payments to BG to tide them over but they have not released their grip. Theyve told her she has to pay thr full amount she owes and wont set a payment plan up for her even tho she has offered to pay £50 a month to lcear the debt which i thought is a fair offer. They have continued to decline a payment plan and they have now sent her a letter saying they have obtained a warrant to gain access to her property and they are comming round on Thursday to get access and install a payment meter, however they are also going to charge her £400 to install it ? They have also said that the tariff will be set at £28 a week to cover her o/s balance, so bascially they arent cutting her off directly but allowing her to cut herself off which i think is terrible, especially as she has 2 children under 16 in the house with her. Has anyone else expereienced the same ? can anyone offer advice ? if the meter goes in she is screwed bascially expecially at that rate but why would they refused a payment plan ? Please can anyone offer some advice ? Thanks
  9. they say in the letter that unless i return the signed form of undertakings that they will take further action relating to my criminal activities. . but the form is worded to say that i agree to their costs of £750, i cant affors that ?! at most i would arrnage to send them the item i had for sale, even tho i would be out of pocket. Learnt my lesson ??? for sure!!!
  10. Yes, i listed the item describing exactly what is was and who it was made by also including a photo showing what the item was.
  11. Hi, can anyone help me ? A few weeks ago i bought in good faith a designer branded item from a local sunday market as a present for my partner, i will admit, it was cheaper than in shops which is why i bought it, who wouldnt ? it looked the business. as was the case, the present wasnt appreciated and i didnt want it so i put it up for auction on ebay. I described the item as it was, and the auction went on line with a starting bid price of 1 penny, after 2 days i received notification from ebay that they had withdrawn the item from sale as it infringed upon copyright. Why did they let me place the item on there to start with ? The item was taken off sale and it has since just been stored away in a cupboard in my house. I have just returned back off holiday and i had an email from Hamlins solicitors advising me that their client (the designer) found the item i had put up for sale infringed upon their copyright and intellectual rights. They have since sent me a letter explaining the trades description act and have sent me a form of undertakings asking me to provide details of who i have sold these items to, wholesalers, suppliers asked me to return these items to them. they aslo claim that upon signing this form i shall be responsible not only for damages, or at my election, an account of profits made from my "illegal activities" but also for their resonable legal costs including costs of investigation and contacting obtaining identification details and removing items from ebay, incurred in connection with this matter to date which i am supposed to acknowledge is currently in the region of £750, and if its proceeds further they may seek further undertakings to recover any costs that exceed this amount ? I have not sold this item, it was removed from sale and i will never ever put anything on ebay again, it has frightened the life out of me, Can anyone advise if they experienced similar and offer any advice on what i should do next ? Please help! ??
  12. Hi does anyone know....... I used to bank with natwest, i put a claim in to get back some bank charges and they have since closed my account and passed it to a debt collector to claim back my overdraft, however they have also wacked on a load of charges, more than i orginally claimed back so my account is now over my overdraft and overdrawn, however its further bank charges that have made it overdrawn. Are banks allowed to slap you with charges if its those very same charges that then cause you to go overdrawn ? I asked my current bank as i was enquriring about lending and they said your not allowed to do it but i dont know if she was just saying that to humour me ? Does anyone know ? Thanks
  13. Hi Dave Thanks for welcome and thanks for the advice - anything is worth a go so ill take a look and forward her the info. Would this be the same as going to the CAB - are they limited in what they can do, i realise no one can wave a magic wand and make it all go away but she dosnt have a clue so really needs good advice and a lot of direction. Thanks though ill take a look now. cheers Ric
  14. Hi can anyone help me please. My sister is in a right pickle with her finances and unfortunately due to a crappy paid job, running a household with 2 teenage kids, a mortgage, credit cards and other run of the mill finance agreements she has got herself into a state, obviously we have tried to help but i tthink things are getting on top of her. I have seen this company - Debt Matters, and i suggested she contact them to see if they can help, does anyone have any info on them and whether they are any good or could help her out ? We have never had any dealing swith these type of firms so i am not sure what they are about, if anyone can help or offer any advice about them i would love to hear. Thanks for your time,
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