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Everything posted by fuzzyfuzzy

  1. Any other deals? The last deal was extended til 30 Jan but I need something current. Cheers
  2. Hi, Thanks for your reply, Whats basically happened is that after much wrangling they have finally agreed to remove the false 'default' they inserted on my credit file. They have been utterly awful throughout the whole thing. I made an offer to settle out of court which they accepted, they instructed their solicitors to issue a consent order which i duly signed and returned. They initially acknowdged the claimyet have submitted no defence so on the moneyclaimonline portal i can now start judgment by default. this is only available as it has now passed the 28 days. i would really like to sting them with a ccj and extra charges as a bit of payback for the years they have screwed my credit file (the settlement i made was only 10% of my costs as i just wanted the default gone) do you think that i can follow the moneyclaim and submit the judgment by default or can they claim the consent order is legally binding and get it overturned and awarded costs etc. cheers
  3. Hi I made an agreement with orange for them to settle out of court for damages and distress and to remove the 'default' they placed unfairly on my account. I sent the consent order back to them on the 12th june, ive heard nothing back yet from orange, their solicitors or the courts. Can anyone advise me if i can submit the judgment by default or if it is already legally binding. I would rather sting them with a CCJ and extra fees if possible as they have been disgusting in the way they have dealt with this but not if it will create extra problems for me. I raised the action through the moneyclaimonline site. I would REALLY apprecaite some help from you experts, thanks
  4. Hi, can anyone advise if this order is already legally binding? I want to get order by default but not if the consent order is already legally binding despite not being agreed by the courts
  5. Hi, I have completed a consent order with Orange for a claim i made through the money claim online. They will have had this around 2 weeks by now. They have not confirmed anything with me and i have received no further documents. When i go to the money claim online i can start proceedings and enter judgment by default as they clearly havent received the consent order yet. I want to know if i can override the consent order by issuing judgment by default or not? I took a substantially lower payment to stop thios going to court and to get it sorted quicker by i think they are taking the mickey now. Can anyone advise if i can do this please cheers]
  6. DEFAULT REMOVED & DAMAGES SETTLED!!! Thanks to Buzby and especially Tadg, without you guys this woulnt have been possible. Excellent news Anyone want copies of my letters to help them just PM me Cheers everyone
  7. Hi, Yeah I have a letter and several emails from them confirming that they will set it aside at their cost as "it isnt part of their t&c's to make customers tell them of a change of address" They sent the letter to the courts who denied it and then i got a letter from their solicitors about 2 weeks later saying they will not set it aside as they see nothing wrong with it. Their messing us about but I just want to get something that i can use tii clear it How did you use it in your claim? Did you just say i have their permission? Thats what im intending on doing as the company dont use those solicitors anymore and it got paid in full etc so hopefully they will be human about it and just let it ride
  8. Also, if ANYONE can help answer if the amount on the credit file is different to what has been judged is this reason to help appeal?? The amount on the credit file includes costs of warrant of execution but obviously the judgement doesnt. any ideas.....
  9. Ok thanks for your reply, another option we're thinking about is disputing the amount, there is a discrepancy over an 'optional charge' of part of the repair, its oly a small amount tho (around £2.50) will this be enough to use as a defence? The whole repair was only around £190. Thanks
  10. Hi, I have a few urgent CCJ questions The debt is from a windscreen repair - does the claimant have to issue a default notice before court action? can anyone give me an idea of valid reasons to get this set aside, its slightly different to most requests tho as the debt was admitted in full and the offer of installments was accepted. the address the summons and the judgement were issued to are incorrect but still had access to this address and received the summons at this address which was replied to. Any help would possibly save my life!!! I know that if you basically ignore the summons you can claim you didnt receive it but what are the options with this situation. It was settled in full about 3 weeks outside of the 28 day payment period where it wont be registered. Is there ANYTHING i can do????? What must they have served or timescales they must have stuck to etc in order for this to stick? What should i look for in order to try and find something that means i can get it set aside ANY IDEAS OR SUGGESTIONS ARE VERY WELCOME Thanks so much
  11. her defence is that the judgement was issued to the wrong address. She paid it in full about 10 days outside of the 28 days notice so why would she need a defence? Surely by her actions she has demonstrated she would pay and if given the chance it would have been within the 28 day notice and so would not be recorded Anyone got any idea on what proof of sending the claimant a change of address is accepted????
  12. Anyone? its only a quick answer......i hope what would a judge take as proof that you advised a creditor you moved address
  13. Hi, My friend is applying to get a CCJ set aside, she wasnt living at the address at the time but did return there irregularly, she received the summons and signed to admit the debt and offered to pay in installments, she returned the form with a letter that stated she had moved address and all further correspondence should be sent to new address. They didnt amend her address and the acceptance of her offer went to her old address, by the time she had returned again it was too late and she had defaulted and so a CCJ was registered against her, she paid in full straight away but it was about 10 days outside of the 28 day period so she is stuck with the CCJ. She is going to apply and state that she gave the new address but the judgement wasnt issued to the new address so she didnt have chance to find out if it was accepted or not etc, she has a copy of the letter she sent on her laptop and just want to clarify if this will be enough proof that they failed to update it or not. Can anyone advise what the judge is likely to accept as proof that it was their fault and she did give them the details? Cheers
  14. Orange legal dept have answered my queries, so much for their solicitors.... I am going to review their response and will post back, its around 2200 words long. However they have now said they will ammend the default to May 2005. @Human Writes Not sure what you mean in your first 2 points, I have sent 2 SAR's, to them and will have the details before court date. I havent said that the ICO will order them to remove the default I have just said that i will be complaining to the ICO about it. As i have complained to OFCOM also. Please detail the "other points in your correspondence I'd take issue with as well" cheers
  15. Cheers Buzby, I justfeel this is insane and get drawn into it, i understand what you mean tho but really feel that im not gona let them carry on with their shoddy cheap joke of service. I dont think its a sure thing but for £100 i feel it is well worth the time and effort just to give them some aggro back if nothing else. I dont want to sound pig headed but do find it difficult not to get wound up about this. Any other suggestions and opinions are very welcome cheers
  16. Thanks Buzby, Its not so much principle it is the fact that it is incorrect and is affecting me negatively. They have neglected their obligations (as far as im concerned) and so I want to force them to remove the incorrect information about me. To be honest i can swallow the £100 if i loose, I have had enough this time and i will not stop until i have to. I have a good case and can prove costs from an independant company (abbey) they cant even explain what legal right they have to mark my credit file. In addition i have complained to OFCOM and ICO. This WILL be removed
  17. I dont think they have a leg to stand on over the way the default has been issued. I have raised so many factors that they simpy have no answer for, hence the solicitors. I can prove the damages by way of a letter from Abbey who can confirm the mortgage rate will be higher because of this default. I have a TOTALLY perfect credit file other than this, no missed payments or any other issues AT ALL. I also got refused credit from Abbey in August last so i can prove this also. It should be too difficult. They are so bloody minded about this whole issue that yeah i think i will go and take on their 'specialist' i cant see what he can use to worm out of this one. I have made numerous offers to settle this before going to court, each of which has been ignored or rejected so the jusge can see that ive tried to sort this before going to court and they are not interested and with Oranges past history of non-compliance and the facts that i have presented and the complete LACK of facts that they have provided unless the 'specialist' can magic something out of thin air then BRING IT ON!!! If nothing else i can rest assured that it has cost Orange £XXXX over a ridiculous £90 bill.
  18. Hi, thanks for your reply, Yeah I sent a SAR off and they sent the letter back saying it must be signed blah blah. No way is she signing it, so I sent the letter back saying they dont need her signature etc and Im waiting to hear back. It just seems unfair to say that she made arrangements to pay and late payments, when it wasnt her that made these arrangements it was someone else and that they gave her no warning that this was going to happen or an option to pay instead. Surely as a guarantor they should contact her if there is problems with payment, isnt that the whole point. Anyway, I was just wondering if anyone knew the legalities over guarantor payments as im fairly familiar with 'normal' credit accounts but not over guarantor accounts. Hope someone can advise me, cheers
  19. Hi, HFC have trashed my mums credit file with Arrangements to Pay and late payments all over it as she was the guarantor to a loan took for her son. It is all settled and no default has arisen, however, where does she stand with this? I know she was the guarantor but should they have to write to her to tell her payments are late etc, it was her son that made the arrangements to pay and the late payments not her so is there any leverage as as far as i know she never actually received any letters or such. She was completely unaware this happened until getting a copy of the credit file. Can they actually do this? Surely they have to notify her as she is only there to make payment if he doesnt. She cannot monitor the account etc Can someone advise me please? Thanks
  20. Hi, HFC have trashed my mums credit file with Arrangements to Pay and late payments all over it as she was the guarantor to a loan took for her son. It is all settled and no default has arisen, however, where does she stand with this? I know she was the guarantor but should they have to write to her to tell her payments are late etc, it was her son that made the arrangements to pay and the late payments not her so is there any leverage as as far as i know she never actually received any letters or such. She was completely unaware this happened until getting a copy of the credit file. Can someone advise me please? Thanks
  21. So, in theory if someone did an SAR on the mobile company and they couldnt produce a copy of the contract. could it then reasonably be argued that the customer mad an ammendment to the contract (similar to how you suggest buzby) disallowing 3rd party disclosure and subsequently challenge the cra and the mobile company as they would not be able to prove the customer had agreed to this and so would be in breach of the DPA. could this be a way around their get out jail free card over not having to comply with the CCA?
  22. thats interesting, did you simply cross them out and initial the changes?
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