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  1. I take it you have read my first post? In dispute since April 2016? I have also requested validation of the debt via letter on 2 occasions and have been ignored. No paperwork has EVER arrived at my house, no calls nothing so yes, it appears to be THE 1ST EVER fraudulent effort to obtain a credit card and APS are not helping me to get to the bottom of this and if I know nothing about the debt, how on earth can I answer the question about how it appeared on my CR.
  2. Hi As stated, it is not my debt so how can it be correct data? Please clarify if you could. Many thanks
  3. Hi Guys Despite my constant attempts to get APS Overdraft to 1. Supply me with evidence of the debt and 2. Mark it as default or in dispute They are constantly updating the report with a 6 marker but no default. The account shows no payment since March 2016 and hit 6 in Sept 2016. The message on the credit reports states; "agreed repayments are more than 3 months behind but you have agreed new repayments with the lender" which is total BS as I have never acknowledged the debt as it is not mine. My last letter to Equifax stated; Dear sirs This account is a pre-paid credit card account that has been in dispute since discovery in April 2016. To date there has never been any debt acknowledgement made and based on this fact, taking into consideration the I.C.O. Technical Guidance on Issuance of Default Markers & Notices, the account should not be generating recurring [6] markers but should in fact be defaulted (within 6 months of the first default (missed payment) occurring on the account) which means the record should be changed to a Default status with a default date around October/November 2016. Please rectify this error as the creditor is ignorant to my repeated requests. Failure to correct the incorrect data will result in a formal complaint being raised with the Information Commissioner who, as I'm sure you appreciate, take a dim view of deliberate breaches of data processing. Kind Regards xxxx Credit Report Ref No : 5xxxxxxxxx Name : xxxxxxxxxxxx Company Name : APS - CASHPLUS Account Number : 0000 Current Balance £ : 433 House Name or Number : xxx Post Code : xxxx xxx Start Date : 03032016 End Date : 31072018 Equifax replied (after 4 weeks) Dear xxxxxxx, Thanks for getting in touch on 20/05/2018 about the information on your Equifax Credit Report. APS Overdraft has investigated your query and have told Equifax that the account information is correct and should remain unchanged. This information is supplied by the company and we can't change it without their permission. You should get in touch with the company directly if you need more information. The note that we added, stating that your information was in dispute will be removed within 24 hours. ============== Any ideas what to do next guys as it looks as though it will be ever present on my CS :-x Thanks guys
  4. The claim is for just shy of £10k including court costs that have been added. It is a single name claim (married, mortgage holder, no tangible assets to speak of solely in my name) I have been reading and it seems that the debt is covered by my BO (Under Section 382 of the Insolvency Act 1986) but how do I get further proof of it in addition to what i have submitted?
  5. Hi, I made the payment in December, 5 years after he lent me the money which was also the first contact (via email) I had had with him. This was also 2 1/2 years after my BO. All contact was made to stop him turning upon my doorstep, which he was doing constantly and by his own admission the court.
  6. That was the first payment since he lent me the money so in 5-6 years, nothing had been paid off it at all previously as I was laid off and out of work due to illness. Yes, the payment was made electronically.
  7. I foolishly made a payment under duress to get them off my doorstep a couple of years back, it was only AFTER my BO that I was told about the statute bar and my rights after discharge etc.
  8. Hi guys I was made bankrupt in October 2008 and was subsequently discharged 12 months later. In February I received a court claim from a personal debt that I forgot to include in the BO. I filed all the defence forms and the Judge ordered that I provide proof of my bankruptcy so they could consider the claim being struck out. I filed a copy of my credit report (showing date of BO and ref number), a letter from HMRC that was stating due to my BR my UTR was closed etc, a letter showing the release of interest from the OR in my property. I was unable to provide any more proof as none were still in my possession due to the time since the order. I have since received a N24 SO for settlement. The opening lines state that the Judge has stayed until a later date pending receipt of further information concerning the BO... I have a couple of questions if that is OK 1) What other proof can I file and where would I get such old docs from? 2) My BO was stated in the LG 3) The claimant reckons they knew nothing about the BR but it is my understanding that point 2 could make that a mute point (?) 4) The debt has been proved to have been incurred over 4 years PRIOR to my BO Any advice would be appreciated, Thanks
  9. Hi Guys Quick update, the Judge dismissed their claim completely and also told them that they were to pay all the costs for this hearing and not to add anything to our mortgage account. He also gave them a hell of a roasting for incompetence and time wasting. Happy days, thanks guys for all your assistance.
  10. Thanks Ell-enn Finished draft 1, here is the meat, anything need to be added? We did not attend the initial court hearing as I was informed by the claimant that the hearing set for the xx.xx.15 was procedural and after I granted my consent to them to change legal representation, they stated that no attendance by me was required. This conversation was recorded by the claimant. The details contained within xxx witness statement are incorrect relating to the both the last court date appearance and the total of arrears being paid off. The details contained within xxx witness statement relating to the date as xx March 2008 is inaccurate. The actual date of our last court hearing was xxx November 2009. The arrears at the time of my last court appearance in November 2009 stood at £12k not £5k as stated in xxx witness statement. The details contained within xx witness statement are incorrect relating to the total of arrears being paid off as being just £100. The total amount paid off in line with the suspended possession order is £6,595.00 The total arrears outstanding on this mortgage as of the court order in November 2009 would be due to be cleared in November 2019 not May 2011 as stated in xxx witness statement. This has in fact been reduced by 10 months to January 2019 since the last court appearance stated above. The last payment made on this account was March 30th for £xxx which includes £100 as set out under the court order. Some details tweaked for confidentiality but you get the gist...I hope. Do I need to add the budget sheet (as it is not an eviction hearing as such) and the reasons for the original debt or will the judge want to see that too? Thanks for all your help.
  11. Hi Ell-enn Almost finished, just a quickie, the arrears showing have been split on the statement and the rest are showing as fees and costs balance plus additional interest. Is it those that should not be present on the statement? Sorry to be a pain...
  12. Thank you Ell-enn, I shall crack on with that now. I have done the maths and since the court date in '09 the arrears should have reduced by £6,500 but they have in fact reduced by £6,595. Hope this can be resolved, absolute nightmare without any warning, I thought they were just changing their solicitor as per my telephone conversation with them. Thanks again.
  13. UPDATE: Just spoken to a solicitor and he mentioned that I should note to the courts that the original date was only a procedural hearing and state the conversation instructing me that no attendance was needed was recorded by them. He also made a mention to the fees balance on the account (which are greater than the total arrears) may be unenforceable as a repayment plan was in place via the courts. Does this all sound correct? Thanks.
  14. Hi Guys I will try and keep this brief as I am after a bit of guidance. My mortgage company changed ownership last year and in February they sent us a notice that they were changing solicitors and as the property in subject to a SPO since Nov. 2009 they said it would need to be approved by the court. I rang them well in advance to the date and they asked if I consented to the change, I confirmed this and they then instructed me that we did not need to attend. After the court date I then received an adjournment notice to 16.04.15 (tomorrow) and shortly after I received a witness statement from the new solicitor. Hidden in the 4th paragraph was the note that he had asked the judge to enforce the SPO due to my arrears not being reduced. Here are the key facts and I would appreciate any advice...please note I have NOT been served with an eviction warrant to this date. 1. November 2009 court suspended the eviction and ordered me to pay £100 on top of my CMP. 2. At this date the arrears stood in excess of £12k 3. They now stand at £5.5k 4. The solicitor has stated that we last went to court in 2008, wrong. 5. The solicitor has stated that the arrears have only reduced by £178. Wrong, it is £6.5k (in line with the SPO) My question is what should I say tomorrow. I have a full breakdown of ALL payments made, the last being in line with the SPO on 10.04.15. They have also added nearly £9k in additional charges to my account. I await your advice as although and as the day is neigh I am now a tad stressed. Thanks in advance.
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