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katnkaleb

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  1. I am 99% sure that I am on the edited register as I have always agree to being on it as I am open to marketing and I receive it regularly. I am hoping someone could clarify something for me which I find quite hard to believe. I was told by a friend that when I defaulted in 2006, this would have dropped off my file within 6 years but because I paid money to them in March this year, it will now be 6 years from the payment date and if I pay the remaining balance, it will be 6years from the payment date. Do you know if this is true as it is rather unfair on those of us who genuinely did not know we had defaulted and easier on those who just blatently ignore their debts? That said, I am now in a bit of a pickle as I do not know what is best to do. Should I pay the remaining amount and dispute charges with my letter, S.A.R - (Subject Access Request) and copy of agreement request or should I hold off until I come to an agreement with them. My friend said to me that by paying the £50 in March, the company see it as acceptance of the debt. Whilst I do accept the debt (as my bank have confirmed that the cheque was not cashed) I explained the situation to them in March 2008 and agreed to pay the debt in full (including charges as my penalty for not being thorough in checking the payment was received) as long as the default was removed which they unfairly declined. I really don't know where to go with this but if I have to take this to the small claims court I would like to sue them for damages as my past 2 car loans have been over 30% APR and it looks like this was due to Avon's default. Would I be able to do that and would it help if i included a copy of these car loan agreements in the letter so that they can see what damage this Default has caused. Is it true that if they are exempt from the CCA regulations to issue a default notice to me that they should never have issued a Default in the first place and that this should have been a CCJ? If so can I demand they correct this because as far as I am aware a CCJ will be removed when the balance is paid, which I am fully prepared to pay. Please help, I have never been in this situation (or even close) with any company before so I have no idea what my rights are and better still what my chances are. I eagerly await any replies.
  2. Oh I have just checked online and the President of Avon is Ms Anna Segatti based in Northampton. Could that be who you spoke to?
  3. Thanks laineynic Well they still haven't sent me what they had agreed. In fact they haven't sent me a single thing. I will write a letter addressed to the managing director and request that if they cannot provide a copy of my agreement and SAR for the recorded conversation when I did update my address in March (allthough this was still not updated) and I was basically called a 'liar' then I will request that they remove the Default. If I was unhappy with the outcome who would I refer to? Would it be the Consumer Credit Association or Financial Onbudsman because I feel putting this information in the letter may help them see that I am serious about seeing this through to the end. Also should I enclose a cheque for the outstanding amount?
  4. I too have this problem with Avon and have just got off the phone to them. I worked for them in 2006 and I sent a chq as full payment and a letter advising I no longer wished to work for them due to full time employment before I moved address. I updated my address on the electoral register but did not think to update Avon as as far as I was concerned my dealings with them were over. I had problems obtaining credit this year and after checking my credit file found Avon defaulted me in August 2006. I called them as soon as I found out in March but they were reluctant to remove the default upon full payment of £172 (£70 of which were charges). I paid £50 only and thought it best to seek advice. After finding tons of advice to get this removed I have just called them. The first agent in collection was totally unhelpful and wouldn't listen so I requested a manager. I spoke with Anita (team supervisor) who agreed to send out a copy of my agreement and statement of charges. After a lot of mumbling and holds she gave me the big speech on being exempt from CCA1984 and so could not send a copy of the Default notice and admitted that one was never issued to me only a default warning was issued.She claimed that they do not have to because the statement clearly states that I have 21days to pay. (What a load of old s***) even she knew she didn't know what she was speaking about. To make things worse they still had not updated my address from my call to them in March and insisted that I had not told them (I 100& did). I asked them to listen to the call but apparantly they do not have a recording although all their calls are recorded. I asked them how long they keep recorded calls for and again she had no clue so just said 'there isn't a prticular time). So how she knew she did not have that one I do not know as she said she could clearly see that I had called that day. I am stuck now for what 2 do next. I plan to wait for the information she agreed to send (no charge of £1 was requested but the call was recorded) and then I will call them back to ask how they are legally allowed to default me without a default notice being issued. Oh they also said 2 debt collectors tried to trace me (again a lie as experian shows I have been on the electoral at my new address since moving in also they had my telephone number (changed 1 year ago). Any help and advice is greatly appreciated.
  5. OMG I thought I was alone with my Avon problem. I could also do with some help. I started as a rep with Avon at the beginning of 2006 and during the summer I was moving home and decided to stop rather than having to build a new customer base so I sent my final payment of approx £100 by cheque through the post. I never heard from them again so I took it all was well and the account settled like most people do. At the beginning of this year I decided to have a look at my credit file to see what was there and I was shocked to see that Avon had placed a default on my file in 2006 after 5 missed payments. Immediately I called Avon who transferred me to their collections department and I was told I owed £180. I guess I had incurred some charges. I explained the situation to the agent and I told them I would pay the balance in full if the default was removed as a compromise due to the fact I had not received any notification. This was declined point blank. I then asked that since they had access to my credit file why did they not send any post to my new address as that is clearly shown on my credit file under electoral information. I got a ridiculous answer as the agent said why didn't the new tenants return the mail or forward it to my new address. So I told her that obviously they did not know me or where I lived (I don't know why they would ask such a stupid question). I called my bank who confirmed that the cheque had not been cashed so I paid £50 that day as I wanted to show willingness to pay but I didn't want to pay the full amount until I seeked advice as money will probably be the best bargaining tool along with some legal jargon. I am happy to pay the full amount as I accept that maybe I should have still updated my address with them or checked my bank to confirm the cheque was cashed but I couldn't forsee this problem and as I was not made aware of the problem I could not pay and therefore dispute the default. The area rep who hired me had my mobile number and I am sure that it was on the agreement so why did they not call me? Also why was I not informed before signing the agreement that a credit check would be done and information suppled to CRA's. To add to the problem my credit file is showing that I am on the electoral at the old property and the new property as the new tenants have obviously returned their forms with my name still on it. I spoke to the electoral company who have advised me to write in for my name to be removed from the old property. I don't understand why as I can only live in one place. Surely there must be something I can do. Any help will be extremely appreciated. This cannot be all my fault.
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