Is the account actually defaulted No. The '' date last delinquent'' section refers to the date when a payment was due and not made AFTER WHICH NO PAYMENT WAS EVER MADE. Thats correct on the date but some money was paid but not all of it. There was still an outstanding balance. I asked on that date for more time to clear it. Is this correct no more payments were made or are you continuing to pay? I am paying and as I said I am now a year in front with my payments Or did you miss a payment and then negotiate a reduced payment level? No If you have an arrengement to pay a reduced amount then the bank must report the breach of the original payment terms of the mortgage agreement. Only to pay a small outstanding balance for 2 months! Are your prospectibe employers checking your credit refgerence files with your permission as part of the conditions of employment? Yes, I signed an agreement

Hi, I need some advice Please! I have joinedEquifax and run myself a Credit Report. The Credit Report came back with two problems. 1. Iam currently not on the Electoral Roll. Very easy to fix with the council. 2. A“Date Last Delinquent” on my mortgagefor earlier this year. The problemis the “Date Last Delinquent” has just lost me my dream job! I contacted the bank about this “Date Last Delinquent” entry as I was unawareof a default on my mortgage. I have a Virgin One Account which they cap at aset time of year. At the cap time I amsupposed to have paid enough money to cover the years caped amount. Well lastyear was tuff work wise and we came to an agreement based on my work load thatwe would catch up by April this year. I am a contractor and I had two contractscancelled on me at the start of the year. So I could not meet the deadline of April.I contacted the bank and extended the facility to give me more time to get upto date. I am now currently a year in advance of my payment schedule. I never missed a monthly Mortgage payment and had an arrangement with thebank. But they have told me that because the money was outstanding for over xxdays they report this as a “Date Last Delinquent”. Can I get this removed? How do I get it removed? This really lost me my dream job I am gutted. Designtime

Thank you all for the advice. I am going to wait to see if anything turns up in the post. I suspect he has gone directly to one of these dodgy companies as they did not disclose his insurance details. I bet his insurance company don't know whats going on! I am reluctant to inform the insurance to quickly. They are such a money grabbing load of Bast**ds. I don't trust them either. I will give it a week to see what happens. Design Time

My daughter had an incident on a roundabout last month. A man cut across in front of her my daughter skidded and just nudged his bumper. They both pulled over to the side of the road to have a look to see if there was any damage. My daughters car had no damage at all! His was a tatty old car, but still no damage. They both exchanged details, but he gave a false telephone no. They both agreed at the scene the matter was closed. Four weeks later my daughter has received a phone call from a solicitor regarding this incident. My daughter asked why they were contacting her. The other driver has claiming damage to his car and personal injury! The solicitor was pushing her for insurance details but she told then the matter was closed and hung up! This sound like a con to me. · Why did he give false phone number? · Why did he never contact her for her insurance details · Why has he gone to personal injury solicitor? · Why has his insurance company not written to her? · Why take 4 weeks to contact her. Any advice on what to do would be greatly appreciated Thanks in advance DesignTime

Anyone any idea's yet?

Hi, Everyone, I have a Panasonic TH-42PX600B Plasma TV which has developed a nice blue line right down the middle of the screen. No problem I have a 5 year extended warranty. I Start to do some digging around on the net for phone numbers and find out the supplier Empire Commercial has gone bust! Oh dear! The TV was part of an Direct Line insurance claim. So I don't have a receipt only a few emails to state the delivery date and the additional money I payed for the upgraded TV. Direct Line forced me to go through their preferred supplier Empire Commercial can I go back to direct Line? Can I go back to Panasonic, as I have found out from the Forums that this is a common problem with this particular TV model? Or am I just stuffed? Thanks in advance for any advice. Kind Regards DesignTime

I wish, he told me the case was fax to him at 12.30 for 2.00 appearance or he lied. I think he lied he new to much.

As I understand they can now reconstitute the agreement and it doesn't have to be signed. See Carey v HSBC Bank Plc [2009] EWHC 3417 (QB) (23 December 2009) Carey v HSBC Bank Plc [2009] EWHC 3417 (QB) (23 December 2009).pdf

He was a real slime ball. The more I think about it the more I realize how he was trying to find out stuff. The classic was his opening line are Mr john Blogs as I have two cases another with David Blogs they got mixed up! (Trying to confirm my full name). Asking details about the case tying to get a confirmation the dept is mine. (I said nothing) Trying to help me with misleading advice! Telling me he had not seen the case but new intimate details like the fact they had not even supplied a brake down of the charges. Why would he help me? It stinks. It was more like an interrogation to find out information to report back to Lowlifes. He was defiantly a very doggy bloke.

My Day in Court (Round 1 Win to me!) I turned up to the court wit 30 minutes to spare. I registered with the usher and sat down within 5 minutes a man in suit was asking for me, it was Lowell locally hired solicitor. He had no paper work and asked if I had a copy of the State Demand and my statement. I was reluctant at first to show anything and I thought how disorganised. I hesitated but he said it would save time, he would not have ask for an adornment (I would of objected to this anyway) and Lowell were going to withdraw with no costs anyway. He read my statement and agreed with the simple fact they did not have a signed agreement so they could not take the SD forward. He said a few interesting things like they were advice. The problem is he came across as sleazy lying git! He made these points so if any one can give me advice before round two starts: • They had not been able to find the signed agreement. But they were still looking through all the records on microfiche. This would not be an issue as they can reconstitute one. He referred to Carey v HSBC Bank Plc [2009]. • He talked about Carey v HSBC Bank Plc [2009] and how it meant that fighting a case with regards to a signed agreement would be a case loser. • Lowell will probable now go down the County Court route. • Vale threats I would lose and it would be better to negotiate a settlement for a few pennies for every pound. • He said the fact about not supplying the Default Notice was a red herring and they did not need to serve it by recorded delivery. • He said he had no paper work when we first met but whilst telling me about the Default Notice he mentioned they had signed proof of delivery this rang alarm bells for me (lying git). I think if I had not turned up the solicitor would of nailed me to the floor! He kept making and receiving calls to Lowell. I think I may of screwed up by excepting there withdrawal. Technically they failed to supplied any evidence, Default Notice or meet my SAR and CCA repeated requests but because they dropped the case there is no comeback on them. I also think feel he was deliberately trying to convince me to move away from the Default Notice issue? He tried to come across as a friend. My wife gave him the evils and also thought he was a lying **** bag. I think the letters will start again next week and the home visits. We shall see. Any advice or opinions on what to do next would be greatly appreciated thanks.

WOW! I do feel for you. You might have to use the holiday and be honest and plead poverty. I think you will struggle to get anything from them. If you have a mobile or outlook make sure you put all your important dates as events so you don't forget them!

The points and fine are not for seeding! They are for failing to give the name of the driver! If it was under 40 mph they probably would of offered you speed school and £80.00 fine no points. This will be a mega hard case only option is go and see a specialist motor defense solicitor for advice.

The paper work they sent you would of explained the 6 points and the big fine how could you miss that! They even give a a chance to change the date of the court case encase of any Hols or unavoidable dates! You need good reason for not attending the court case. The fact you were away on holiday will not swing it!

Hi, Had exactly the situation as you. Ours was one of the inferred catso's that don't flash. 1. You have written and asked for a photo. write plenty of letters as these are essential in court and phone them as well. 2. You write again and explain that you cant identify the driver do they have a better quality picture. 3 . You fill out the notice with both names. 4. You will need proof of what you were doing on the day. (most important) Bank and Credit card statements. and printouts of diary's to prove you have exhausted every possible avenue to discover who was driving. 5. You will not be prosecuted for speeding, but you will done for failing to provide a named driver hence the big points and fine. We were lucky because it was also leased car, so the notification took 6 weeks to get to us! The letters they send are really really scary and you have to make a tuff decision. Is it worth the SIX Points to registered keeper and up to 1,000 pound fine or a possible driving ban if you lose? It was a tuffie for us! As we were both genuinely did not know who was driving. I just read your post again I think you may of have stuffed yourself for not attending the court! We went to court and won. They looked at all the evidence we provided and was the most important bit. I was that worried I did go phone a motordefense ltd solicitor cost me £90.00 for the above information! I just read your post again and you may of stuffed yourself by not attending court! I think unless you have some sort of death in the family or you were both admitted to a metal hospital and could not attend court as day release was not an option! Good Luck you are going to need it Ps. The points and fine were all in paperwork they sent you.

Thanks for all your help 42Man Kind Regards DesignTime

No agreements ? then they are in default of your request !! OK, I have stated this in my statement. Postal service can only be granted by a judge if it has been impossible to give the demand to you personally....have they actually tried to serve it personally on you ? They Did try to serve me with the SD but I was away. I have never received anything else by post or by recorded delivery. Lloyds should send you agreements, copies of default notices, notices of assignment...if they do not have them then they should explain this and state that they do not have the items....you should write to the ICO telling them that these have not been provided. So should I write to Lloyds asking why they have not supplied them? Will it make a difference if I report them to ICO? Same applies to the DCA if they do not have any kind of assigmnent, nor copies, then it is hardly your fault. But they must state this. Should I write to Hamptons as well asking for the same. Or should I use no “Assignments”, “Default Notice” etc to my day in court? I think there is enough to be disputed here. And if by any chance it isn't going your way then you request the judge orders both the original creditor and the DCA, signed agreements (not reconstituted), copies of default notices, notices of assignment, statements for the duration of the account to show excess charges and possibly missold PPI (are you sure there is no PPI ?).(bear in mind that if missold PPI is proven it brings the whole agreement into question)...if they do provide an agreement then you should check that the interest rate matches up to what the statements say. If it doesn't then they could be scuppered. As the prescribed terms will be incorrect.... I think I am a bit more key up now. I have added your Judge Boggis text and I will go the court and get my statement sworn in. Do I need to do anything else????? Or should I use no “Assignments”, “Default Notice” etc to my day in court? Kind Regards DesignTime

Hi Thanks for the reply I will answer all your questions You should ring the court and check that the forms do NOT have to be sworn in especially so as 6.5 is an affidavit and it would be the first time ever that an affidavit has not been sworn in....did you deliver these by hand to the court ? If you sent them in then you would need to have got the affidavit sworn in by a local solicitor (which normally costs around £5)....plus. I have phoned the court and you are right! I will go down to the court and get it sworn in. Should I change it first? There is no evidence whatsoever that they have attempted any kind of service whatsoever, postal service can only be granted if they have made every reasonable attempt to effect personal delivery (which it seems they haven't) you can refer to this - The letter from London House cover this point? They delivered it on the day stated, I was away so they pushed through the letterbox. Judge Boggis QC - RE AWAN - [2000] BPIR 241 'In my judgment, bankruptcy is one of the most serious forms of execution that can be brought against a debtor. In any bankruptcy proceedings it is, in my view, absolutely clear that the provisions as to service must be followed exactly. The rules provide in terms that the petition must be supported by an affidavit of service showing how the petition was served, and express reference is made to substituted service and the way in which that then is to be proved, which involves the affidavit of service having with it a sealed copy of the order.' - JUDGE BOGGIS QC - SITTING AS A JUDGE OF THE HIGH COURT Although this refers to bankruptcy it makes it quite clear that the process must be followed exactly. The fact is they are in default of your agreement request and have provided nothing. (Even if they provided a reconstituted agreement) then you can check it is bonafide (i.e.interest rates are in line with the interest rate on the agreement) I have nothing with my signature on it No notices of assignments No, I don’t thing so! Did you SAR the original creditor too ? Yes and they sent me the same statements plus something called a “View Router Account” It has details of all Lloyds actions etc. No default notice that contains the prescribed terms I have DSAR! What is this? Do the statements contain any reference to yourself ? i.e. your address ? I have 30 statements to an old address. No indication of whether there was any Payment Protection Insurance No Payment Protection And you believe there is no proof that the alleged debt is barred by the statute of limitations Act It is not statute barred as last payment was June 2006 (oh yes and please report them to the OFT Too !!). How do I do I report them? And don't forget to submit your costs so that they are in the case file at least 24 hours before the hearing..... I will. If all they have provided is nothing else then it would seem they are also in default of your SAR request too. Lloyds have sent sheets of paper from Apex, and Credit Security Limited they look like searches. They are supposed to send screen shots, copies of assignments, defalut notices, agreements etc....to be honest What is Assignments I would also be taking this up with the Information Commissioners Office too. How do I do that? Thanks for all your help it is very much appreciated. DesignTime

Thanks I have PM you Kind Regards DesignTime

Thanks for the advice creditcardmug.

Hi everyone, I hope I have some good news! I have had a reply from Hamptons (See Link) http://i1228.photobucket.com/albums/ee442/Design-Time/HamptonsReply.jpg I have also had the same basic info from Lloyds. Both people have sent me copies of old statements, No signed aggrement and no signed T&C's. YES! i just said NO SIGNED AGREEMENT INCLUDED. and an admission from Hamptons they don't have one!. I now also have a date in early January for the set aside hearing. My question is what is the next step? Do they still have a case without a signed agreement? Do I still go to court to have it set aside? Any help will be greatly appreciated. Thanks in advance

Update! Yes Lemmein, I own a property with my new wife and I can not afford a bluff so I must take them seriously. I have received a letter from Lloyds TSB asking me to nominate a branch to collect my parcel! (it must be a lot of info then) I have not had any contact from Lowell or Hamptons. and it has now been 20 days. I will now send them both a reminder letter. I have also had a letter from the court saying they are looking over my application to set aside.

Insurance companys are very good at taking your money and even better at finding ways not to give you any money back! Make sure you cover your back even if nothing happens.

Martin G and Ford, Your posts were brilliant very very helpful! I have filled in both forms and I will take them to court on Monday. I will keep you updated with what happens as it happens. Once again thank for all your help. DesignTime

I bought a car today with no MOT form fleebay and took straight to the MOT testing station. It did fail on a bald tyre and front left brake pads. I was then able to drive it home (along way) and I know the car has been checked over by a mechanic and it was a bargain. My theory was if I got stopped by the police I think i would of been OK (they would not remove the car from me).

I still think its a bit gray. I would not want to pay out get it fixed and then the money your owed turns up in the post and by the way can we have our car back please.