Hi thanks for the replies JB are working on the instructions of Premier Estates LTD A quick background to the case. The block is managed by Premier Estates. It has a director of the site who lives a few doors away from my parents. A few years ago another tenant wheeled some 200 bricks outside my parents window along with the site director because he was fed up with them being outside of his property. They were loosley stacked and covered over with a tarpaulin. A health risk to my parents and my 4 year old daughter whom they look after twice a week there. According to the lease they are also "blocking the common parts" and effecting my parents "quiet enjoyment". My parents met with people from the management company, who initially agreed with them they would ask the site director to shift them. He refused. saying they were for some building project he wants to do which will never occur. The management company then said there was little they could do as the final decision rests with the site director. My parents then saw no option but to withhold the service charge which they did. What followed then was a series of issues that they received letters for which were nothing more than "sticks to beat them with" My father must remove his van from the car park as this isn't allowed in the lease, even though the site manager said it was for the first 2 years. They must remove all tables chairs, plant pots from outside the building even though no other residents have even been asked to do this. The idea being that if parents are complaining about the bricks then the site director is playing tit for tat with their items ! The external gas pipe that was installed 3 years before they moved in by the previous owners must be put right by them. He moved the van, they refused to remove their items and said they will replace the gas pipe when there's call to replace the boiler again bearing in mind its now 6 years old but at present being pensioners there's no way they can find the funds to do the work immediately. Then in stepped JB Leitch. The bricks were finally removed over a month ago, the site director moved them as he knew in the pipeline was a court claim from JB Leitch which duly was hand delivered while they were out the very next day ! Once the bricks were removed my mother immediately contacted premier and wanted to pay the withheld service charge and set up the direct debit again. the issue was resolved as far as she was concerned. Premier wouldn't let her and said it was now in the hands of JB Leitch and they would let my parents know what the situation was. Leitch then emailed my parents saying they " were confident they would be successful in their claim in the matter nevertheless under civil procedure rules to try and resolves the dispute and potential benefit to both parties in terms of costs and interest they were prepared to make a settlement offer of 1. paying them £1239 2. provide a written admission pursuant to section 168 commonhold & leasehold reform act 2002 as to your breach of paragraphs 6 and 11 of the forth schedule of the lease" ie admit that they installed an external gas pipe and "maimed" the building 3 years before they had even moved into the property - utterly ridiculous ! My parents put this in their defence and leitch said if they didn't remove it they would ask to have all my parents defence struck out ! Hasn't happened. They also said my parents defence wasn't "good enough" etc They then wanted to change THEIR claim and wanted my parents to pay for the fee, now adding that my parents OR ANOTHER PARTY installed an external gas pipe without requesting permission and paying the assoctiated fee. Bit hard when you are 3 years away from even buying the property ! My parents have ignored all the nonsense from them as advised by the court. They said the judge will decide if their evidence is "good enough" not JB Leitch So here we are, Its due for Thursday.

hi To cut a very long story short An estate management company [removed] through JB Leitch are taking my 70 year old parents to court Thursday over withheld service charges and an external gas boiler pipe that they didn't install that is apparently "maiming the building" The pipe was installed 3 years prior to them moving into the flats by the previous owners. My parents have proof of this and put this in the defence. Leitch then wanted to change their claim to include the fact that it was installed by my parents and / or the previous owners. Not that it makes any difference in my eyes as they didn't do it, the previous owners weren't taken to court over the issue and nowhere in the lease does it say they inherited the problem. my parents are quite happy to go to court as they feel they have a very good case and they feel wronged. The stress this has caused them is great. Whilst waiting for the hearing Leitch haven't left them alone continually sending them continually what I consider to be scare letters aimed at getting them to back down rather than see it out at the hearing. The latest sent 6 days before the hearing claiming their "fees" are now at just over £5000. My parents have ignored all their letters because as I say they dont mind defending and that's what they are going to do. My question is do JB Leitch often even not turn up ? My impression reading about Leitch are that they are a glorified debt collection solicitor aimed at scaring the unknowing into paying ridiculous fees. Do they have much history of going through with it to small claims hearing stage ? If they were that confident of winning surely they would just come to court rather than send threatogram letters all the way up to the week of the hearing ? Any advice welcome Apologies this is probably posted in the wrong place ...

thanks fairhead any chance you could pm me ? I cant pm until I have posted 30 messages apparently

Hi The 14 days I gave LS for a response from my recorded and signed for letter of compliant was up yesterday without so much as a dickie bird so what now ? Do I send a letter now stating due to no response my intention to start legal action ? I raised the dispute on Experian 2 weeks ago also and lending stream have responded to them just to tell me to contact them and therefore as Experian have no further information then they cant alter the entry on my file. Ive contacted them 15 days ago now and had no response ! 112

Ok ill let you know how I get on. many thanks again

Thanks - will alter and send. Is there a template letter anywhere for the notice of intended legal action ?

hi - I am about to send the following letter to LS. Is there anything you think I should add or remove ? Date: 23/05/2016 Formal Complaint - Loan ID # Dear Sirs, After recently obtaining a copy of my Credit File from the Credit Reference Agencies, I am concerned to note that your company has placed an incorrect "Default” notice date against an account I held with you. Please find attached document “Principles for the Reporting of Arrears, Arrangements & Defaults at Credit Reference Agencies” and a copy of my Experian credit File • The account was created on 01/7/2009 The Attached 2014 document by the Information Commissioner’s Office: Principles for the Reporting of Arrears, Arrangements and Defaults at Credit Reference Agencies. It states: on “page 6 PRINCIPLE 4” “As a general guide, [a default may be recorded] when you are 3 months in arrears, and normally by the time you are 6 months in arrears”. • On my credit file it shows a default date of 28/11/2012, a full “40” months after the account was opened and defaulted. This is a breach of ICO guidelines and the DPA. Even allowing for the 6 months in arrears situation the default date should therefore be no later than 01/02/2010 and certainly not over 3 years, which is the current situation Resolution I would like you to amend my credit file accordingly by removing the duplicate entry, and also to contact debt management company PRA who are now the legal owners of the debt to update their records, giving the correct date 01/02/2010 as the default date for this account.Their reference in relation to this account is I will allow up to 14 days from the date of this letter for you to respond to this formal complaint and if the above is not rectified I reserve the right to put in a complaint to the Information Commissioner and / or a complaint to the Financial Ombudsman as well as commencing legal action. As these inaccurate and unfair entries are now preventing me from obtaining vital credit I would also request £150 in compensation rising to £300 should I have to resort to legal action. It is of my opinion that your current reporting is deemed as a deliberate circumvention of Section 5 of the Limitations Act, the Data Protection Act, and the ICO guidelines I would also add to this that the loan I was given was not affordable, my personal situation at the time, had proper checks been carried out by yourselves, should never have led me to be offered this loan. This was clearly a case of irresponsible lending. I look forward to hearing from you

Many thanks for the advice fairhead. I have attached the 2 entries on my CF, one for Lending stream showing settled and the PRA entry. This shows the 2 different amounts (albeit only by £1), the different forename and also the ridiculous amount of time between loan taken out and default date I will do as you say because I need these removed asap. other half is pregnant and need to buy a larger house and move from renting. I cant wait for 4 - 6 months really. I would just pay it if it meant clearing it but that will just show it as a settled default on my CF which is not what I want. I want it gone. Is there no way they could say in am now admitting the debt is mine and by writing to them demanding they sort, they reset the 6 year clock on this ?

Thanks for the prompt reply Irresponsible lending route ? What would this entail ? The defaulted date by the oc shouldn't be over 40 months after the loan wasn't repaid that's for certain but how do I go about challenging/ changing this ? Lending stream will just say that's what it is. Is it worth me putting in a dispute with experian ? I've heard LS aren't great at replying so if the fail to reply to experian within a set time period does it then get altered by experian ? Can I ring the ICO or is it better to write ? Many thanks

hi after some advice please I took out a lending stream loan of £200 way back in July 2009. Never paid. Lending stream then sold on to PRA. Pra then added their own notice to my credit File. On Experian the lending stream debt has a default date of 28/11/2012 !!! A whole 3 years and 5 months after I initially took out the loan. This seems ridiculous with 3 months being the norm. The PRA entry also therefore has the same default date. The lending stream entry is showing as satisfied obviously cause pra have bought it but their entry is very much active, again with a ridiculous default date of over 40 months after the £200 payday loan was taken out ! With anything like the correct default date this would have already dropped off my credit file but as it is its causing me a problem now im looking for a mortgage. I put in a dispute with the credit reference agency but obviously PRA just bat it off by saying its the correct date and nothing will be changed. Is it worth me writing to lending stream asking them to correct the default date on my file as well as with pra otherwise I will take it to the financial ombudsman ? Having looked at these 2 entries closely on Experian I notice 2 slight differences between the entries. The loan start and default dates are identical however, the lending stream entry is for £226. The pra group entry is for £225. Also the pra entry uses a different variation of my first name to the lending stream entry. Having looked at another similar post to mine the advice given was "Only the Original Creditor can issue a default. If and/or when the OC sells/assigns any alleged debt, then the receiving DCA can only replace the name of the OC, the rest of the details MUST remain the same, that includes the date and amount. You need to report PRA to the Information Commissioner's Office for issuing/adding a default, which the have no legal right to do." Therefore The amount and my first name are different on the entries. Can I therefore go to the ICO and force PRA to remove their entry ?

yes will do. Thank you. I have the exact same problem though so I was hoping the OP may reply

"I am writing to lending stream as they have put the wrong default date on my credit file, and there are 2 entrys for the account, 1 - with PRA Group as it was sold on and 2 - with lending stream" Interested on how you got on with this ? The very same is happening to me. I took out a lending stream loan of £200 way back in July 2009. Sold on to PRA. On Experian the lending stream debt has a default date of 28/11/2012 !!! A whole 3 years and 5 months after I initially took out the loan. The PRA entry also therefore has the same default date. With anything like the correct default date this would have already dropped off my credit file but as it is its causing me a problem now im looking for a mortgage. I put in a dispute with the credit reference agency but obviously PRA just bat it off by saying its the correct date and nothing will be changed. I was hoping you had some success with yours and then I could go down the same route ? Any advice ?