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Everything posted by MAGDA

  1. Hi gloryhunter, many thanks for your support and glad you had such a good outcome with HFO. I really appreciate all the support I have received from everyone so far - makes a big difference. Magda:-)
  2. Thanks coledog, will have a look:-) Would be great if they didn't proceed with mine, you never know, fingers crossed. Magda
  3. Many thanks for the info Andy, that's really useful to know. Going to acknowledge the claim shortly and will post up the agreement etc as mentioned before. Nice to see you are still about on the forum, due to personal problems, haven't been around for a while, so nice to see some familiar 'faces' around. Magda
  4. Thanks Andy, yes, seems a bit odd that's for sure. Amazing where they get their figures from as well, the debt has leapt from around £4,000 to nearly £8,000 with no statements from HFO in the interim whatsoever. Magda
  5. Just wondering, don't suppose anyone knows what the interest rate for M&s chargecards was around 1995 do they?
  6. No, thanks Donkey, will get that sent off as well. Magda
  7. Evening all. Did make a CCA request originally, I think, to M&S around that time, but it also shows payments of £1 for the months leading up to that, so towards the end of 2007/start of 2008. then i did the CCA request and didn't get anything back, so stopped payments at that point. M&S said that I made payments to a DCA they had instructed to collect on their behalf, but not sure now who that was, or for how long I made the payments. I had so many to deal with around that time and was constantly bombarded with letters from one DCA or another. SAR went off to M&S yesterday, so will give them a while to respond (I know officially they have 40 days) and chase it up then. Thanks for all your help so far. Will get the agreement etc posted up as well for you to take a look at. Magda
  8. Hi Broken Arrow, I did finally get a statement of account, just a few figures, supposedly on m&S headed paper, stating the balance when it was assigned etc, it showed a token payment of £1 was last made end of 2007, so unfortunately, doesn't appear to be statute barred. Will see if I can get M&S to confirm they didn't send the NoA (in writing) - might be worth writing to them once I have the SAR and see what happens. Many thanks, Magda
  9. The POC are stated on the claim form: The claim is for monies owed to the claimant by the defendant pursuant to an interest bearing credit agreement regulated by CCA 1974. The claimant was assigned the defendants debt and all right and obligations attached thereto by m&S Fin. services plc. The defendant has been provded notice of assignment previously (hmmm.. don't think so) The claimant claims contractual interest pursuant to the t&cs of the crdit agreement at the rate of 17% per annum from the date of assigment to the date of judgement. The claimant is also entitled to claim post judgement contractual interest on the same terms. Full particulars to follow in accordance with the CPR practice Direction 7c. The full particulars sent separately state more or less as above, stating that the Claimant, HFO Capital ltd purchased the Defendant's account all all rights etc... It also states tht I was given written notice by the original lender of the assignment, so be interesting to see what shows up in the SAR to m&s, because I certainly didn't get anything at the time. It then finishes with the statement about the interest again at 17%.
  10. Will post up the NoA as well! Magda
  11. Hi all, many thanks for the replies. I haven't had a reply to the SAR yet, only sent off a couple of days ago, so still waiting on that. The exact date on the NoA was 30/7/2008. I am going to defend it, definitely, haven't acknowledged service yet as only just received the claim, so still have plenty of time. Will get the docs scanned in and posted up as soon as possible so that you can have a look. They have provided the typical m&s application form form mid 1990's plust t&cs, which they claim make up the agreement. Didn't even know that HFO had purchased the debt at the time, nothing from them until very recenlty when they suddenly started chasing the account out of blue. Thanks again all of you for looking in. Will get the stuff posted up. Magda
  12. Cheers for that ims, much appreciated:-) Magda
  13. Hi, wonder if any of the "HFO FAN CLUB" can help. As explained above, I had an old m&s store card, for which I have now received a court claim (from HFO Ireland). I checked with M&S and they say it was assigned to Roxburgh end of July 2008. I mentioned that HFO say it was assigned to them, but M&s just said they are all part of the same company. Any advice re: assignments and HFO and how valid these tend to be much appreciated. Can use all the help I can get at the moment. Have sent a SAR to M&S by the way. Many thanks, Magda
  14. Anyone else, apart from Cym and me, in the same position with Lloyds? Let us know if you are. Sure there must be many, many more...
  15. No, exactly. According to Lloyds letter that I received in response to my complaint, what they have done is perfectly ok and they haven't made a mistake! I'm sure they just do it out of spite.
  16. Experian (Credit Expert) and Equifax offer free 30 day trials online, might be worth trying one of them. They do take your card details, but they won't take any actual money provided you cancel within the 30 day period. Bet Lloyds have put a default on your credit file as well, seems to be their little game at the moment. Funny, because both our accounts defaulted around the same time, didn't they. Think I will get in touch with the ICO (although I rang them and they were really wishy washy, couldn't have been much less interested if they had tried). Might also be worth getting in touch with the FOS, I suppose. Makes me really cross because I didn't default on the account in 2010 and haven't defaulted on anything in recent years. Still, will keep pushing and see what happens. Be interesting to hear from anyone else this has happened to, I bet there are a lot of other people in the same boat. Let me know if they've put a default on yours as well. Hope they haven't. regards, Magda
  17. Hi Cym, I actually had a letter from then around Aug 2009, up until then I had been paying token payments every month which they were accepting. They suddenly wrote out of the blue and said they were clearing the arrears to give me a fresh start, knowing full well we weren't in a position to pay the contractual repayments each month, so obviously, all this meant was that arrears would begin accruing again. What they did this time though, second time around, was to demand the contractual repayment, then when it wasn't paid, to say that we were one payment in arrears, then two, and so on, until it resulted in a default on the credit file in 2010. In actual fact, we last used the card around the end of 2003, and hit problems early on in 2004, which is when Lloyds would originally have demanded repayment of the outstanding sums. They are now claiming that they are perfectly entitled to have placed the default end of last year, because it was just prior to this that the account was so-called officially passed to their Consumer Debt Recovery Dept. They claim any default doesn't actually become active until this is done. Sounds like complete rubbish to me, and extremely unfair because it means that a default can suddenly appear on your credit file years down the line and isn't an accurate picture of how the account is being run at all. Have you had a similar experience with Lloyds? many thanks, Magda
  18. Well, heard back from GE and they said they will investigate my complaint and then get back to me - I can just guess what their reply will be. Also heard back from Lloyds TSB (which is a surprise, because normally they just ignore letters sent to them). Lloyds say: "A default notice is issued to inform a customer that an account will be defaulted if it continues to run as it has been. However, the default is not applicable until the account is transferred to our Consumer Debt recovery dept." They then go on to say: A default notice and a solictor's letter needs to be issued before we can pass an account to CDR. These were sent on XXXXXXX 2010. Your account was then transferred to CDR and the default became active." They then say: "Your comments regarding the arrears being cleared have been noted, however, I cannot find any evidence that this was done against your wishes." Well, in actual fact, the account fell into arrears in 2004, which is when tsb were sending out their letters demanding payment, etc. I cannot see how it is fair to act as they have. They cleared the arrears (and as I didn't agree to that, they most certainly did do it against my wishes) simply to treat the account as live again and to get to a position where they felt they could default it seven years down the line. Any advice really welcome. Magda
  19. Hi Pocster, seems like GE make a habit of messing up credit files, certainly seems to be a pattern. I'm not sure how successful a claim for compensation would actually be or how much you'd be likely to get, as I don't have any experience of that, but hopefully you will get a bit more advice from someone with more knowledge on that. Magda
  20. Hi Beachy, it really is a joke isn't it. Basically, they can put whatever information they like on our credit files, whether it is correct or not. Might be worth doing as Shadow advises if they don't sort things in the next seven days - might make them sit up and take notice at least. I've got Lloyds TSB now as well. It's an account that defaulted in 2004, but Lloyds has stated that the default occurred in 2010, so that will stay on the credit file for another six years if I don't do something about it. Talk about banging your head against a brick wall..... Hope you finally get this sorted very soon. Magda
  21. Exactly, I couldn't agree more. I was speaking to someone from Experian yesterday and they said it takes the creditor a couple of seconds to put adverse information on your file, whereas, as I had mentioned, it is a long process to get it removed again and currently a very unfair system.
  22. Thanks Brigadier, much appreciated and thanks for your help. Will let you kow how it all goes. Magda
  23. Finished all of my letters now, so going to get those sent off. Regarding the Lloyds TSB one, where they have placed a default seven years after it actually happened, not sure how I will get on, but determined to do my best to get them to back down over this. Easier said than done, I know.... the reason I am so annoyed about this is because all of the other deafaults have dropped off (we originally had around 15 or more) and our recent credit history, over the last six years is all absolutely fine(mortgage, bank account, etc) but because of these rogue entries, we cannot get credit for love nor money. I don't want credit cards again, or that kind of thing, learnt my lesson there, but for other things, such as switiching mortgage lenders, getting a different bank account, it really causes major problems. Good luck to anyone going through the same thing, Magda
  24. Does this still apply if, although the account defaulted, as in a default notice would have been issued, no actual default was placed on the person's credit file? So, basically, the creditor has suddenly taken it in to their head to do just that seven years or so down the line? It would be the first time the info had been placed on the credit file, but not accurate in the sense that it implies the person recently defaulted on the account, when in fact that isn't the case? thanks, Magda
  25. Hi Brigadier, that's right, the CRAs will tell you they are given the info by the creditor and they can't do anything about it, unless the creditor says so. That's the trouble, everything the creditor says is taken as gospel, but if we dispute it, the creditor is still right, until such time that they say otherwise. I'm personally not interested in claiming any compensation, I just want these entries off my credit file, but in Pumpytums case, I can see why she wants to, especially as she is in court with them anyway. £2,000 sounds like a lot, but these adverse entries on our files can really cause huge problems, if for example you want to renegotiate your mortgage or something, it can end up costing you a lot of money. Unfortunately, as you say, £2,000 or more probably wouldn't be awarded, especially going by some of the judges I've come across. I know, as you mentioned, you can only have one default for each debt, and they can't place a second default for the same account. What happens though if you default on an account, say seven years earlier and a default notice is issued, but nothing shows up on your credit file (at least as faras I remember). You then agree to make token payments, which you maintain on an ongoing basis. At some point down the line, though, the creditor writes to say that they have cleared all of the arrears on the account to give you a fresh start (hmm likely story) and they start demanding the contractual payment again, even though they haven't written to inform you of this beforehand. At this point, adverse information suddenly appears on the credit file stating that you are 2 payments in arrears, then five, and so on until it results, seven years after you actually defaulted on the account in a default. This information states that the account defaulted in 2010 (not 2004, which in actual fact it did) and you now have a default on your account for the next six years. I can't see how this can be acceptable because for one thing it is misleading (not to mention totally inaccurate) and for another, if all the creditors did this, your file would never be clear of defaults. What do you think (anyone) Magda
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