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jonni2bad

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Everything posted by jonni2bad

  1. IF AND WHEN you are offered a refund of those charges, under no circumstances should you accept them UNLESS they are going to remove the negative entry on your credit files.
  2. 6 years from the date of occurrence - if things beyond 6 years are still showing, contact the CRAs and get them to remove it. Did you get copies from all 3 agencies?
  3. You say the Default Notice was "fair and square" but I suggest you hold fire on believing that until it is clear that is has been issued correctly, in the prescribed manner, and does not contain unlawful charges. The default notice was for £xxxxx The level of charges made on the account prior to this date was £xxxxx If you fill in those blanks, it would help...
  4. No, I'm afraid not. The above quoted text seems to have been used in good faith but without any real understanding of what it is all about. What you need to do is contact Cap One and get as much information as you can in relation to this debt. What was the level of debt at the point they defaulted you? What, precisely, were the level of charges on the account at that time? (and also, were the charges old and above the £12 threshold as per OFT guidelines?) Did they serve a Default Notice upon you? Can you show it to us, having removed your personal details...?
  5. Fiscal - please ensure this thread is not hijacked into your own discussion. If you have a problem that needs the help of other users, please start your own thread - thank you.
  6. They are wrong - it isn't about the company involved and what they perceive to be their duty, it is about the law. This kind of debt that is statute barred cannot be demanded from anyone - whatever they claim. Get a copy of your credit files from all 3 agencies now - Experian, Equifax and Callcredit - each for the £2 statutory fee. Check again if they claim to have defaulted you and you will have the evidence required to show you have suffered damage and distress.
  7. Please note that any information you have should be shared with the user via this forum. We do not condone the use of private messages or emails between users since information and/or advice cannot be checked for accuracy.
  8. I'm glad this was the case, we do hear about some very poor hearings! A good result so far.
  9. Unapproved posts. Please refer to our site rules regarding posts about other users. You will spend a lot of time typing them out and it takes just a fraction of a second to remove them... Lets end it here, shall we?
  10. Not a problem - we just need to know the very fine details. The part above that you have refered to as the Particulars of Claim (PoC) are from the latest documents - this is an application that the Claimant has made against you but is not the original claim form. We also need to know the wording on the original claim form which will look like this... [ATTACH]5268[/ATTACH]
  11. Walshy - it is important that we know the precise wording used in all event - just stating that you entered some information is not enough -please type out the precise wording used in the original Particulars of Claim against you, and your Defence.
  12. There are (at least) 2 points here... If you have a debt that is simply old, then the only thing you can do is add a note to these entries which state whatever you think fit (but in reality this would not help with your credit 'score') If you are being chased for a debt and the Creditor does not have the legal paperwork to enforce it, then you would need to seek removal of the negative entry as part of the defence/counterclaim. If they have not proceeded to a court claim, the next step would be to issue a claim against them in the courts, seeking removal of the entry and for dam
  13. Is the above from the original court claim Particulars of claim, or just the latest letter (which appears to be an application to the court detailing why you should have to attend a hearing)? Also, what precisely did you enter as a defence?
  14. I have also asked some "experts" to review the file attached - although it's quite hard to read most of it. Is that just as the copy you were sent, or has it suffered a little on your scanner?
  15. There should be a section in the original papers sent by the court called the "Particulars of Claim" - what did it state? Did you respond to the court with a defence? What timescales were given in the original paperwork?
  16. I don't know if they work in the same manner as Canon cartridges, but by cutting off the chip and sticking it on the "other" brand, the printer will recognise the cartridge - but will not be able to give information about content - i.e. will not let you know when they are running out. People sell used cartridges on eBay because of this
  17. Further translation... "Our former partners were not able to do the job properly" Hello to everyone at Copes, by the way. :grin:
  18. http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html#post162366 Letter M is for Statute Barred - send this to them. This is what the OFT say on statute barred debts 2.14 (b) - • continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970.
  19. Some, but not many, household insurance policies cover this damage - always worth a check. However, the damage will not be covered by the supplier or service provider unless you specifically entered into an agreement for that - i.e. an insurance policy. The advice above is spot on - the service provider will have given the phone as part of the deal so it is effectively yours now. The cheapest option is likely to be seen by buying a phone second hand - maybe off eBay or similar - and dropping your Sim card into that. Make sure you buy a phone either locked to the network you are on, o
  20. I think your first action should be to get something in writing to O2 which brings the problem, as you see it, to their attention. State all that you have here but in as much detail as you can, even if the dates might not be fully accurate. Who said what, when etc. What payments were made and when etc What you expect to happen next. The more detail, the better...
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