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Everything posted by Andymcq

  1. The set aside is happening with permission, I have signed and returned the form, UU are also paying the court fee for this. They are saying they are asking the court to remove the judgment. UU have acknowledged from the beginning this is there fault, they acknowledge I as an individual have had continuity of supply with them at two different addresses, they acknowledge as one account should have been closed another was opened. For reasons only known to them they didn't close the old account. I understand that a statement of truth in a small claims claim can be perjured if its found there has been a deliberate lie. There own documentation shows they knew of my whereabouts and they had updated my address on there systems, My credit file shows my linked addresses and the electoral roll also shows the correlation between the date and addresses changed at the time of the move. Would a court not think any credit controller would have to demonstrate proper due diligence? and surely before issuing something as serious as court papers? Also do they not have to prove that I received the defense papers for it to be valid anyway? I think any court would assume that a credit controller would be familir in the proper way to trace a person, in cases like this is not the case that the utilities would normally send an investigative officer to the address. In my case they did none of the above. As for the repercussions, they are serious and I can document it, I had the option to buy a parcel of land next to my home, however I couldn't raise the finance at the time. Another party then completed the purchase and has benefited to 100% profit. The CCJ directly caused me to lose my option on this land. I do view the defamation as serious, my credit file shows over 30 recent enquirys, each one will have been a service I was looking to take out since the CCJ has been issued everything from, home to car insurance has been renewed as has mobile phone contracts and annual borrowing rates (annual renewal on overdraft). Having sold finance in the past I know how detrimental credit scoring can be to a rate, however as I have already accepted these rates without knowing that the CCJ was there I am unable to know what rate I might have been offered had I had an unblemished credit record, and therefore it is not easy to quantify what my losses could be, Though I will start an exercise to find out.
  2. Hmm had a read, but it relates more to a default notice correctly/incorrectly applied depending as to how a credit agreement was read in relation to the consumer credit act? Is my case a little different (Though the result is similar) I had only entered into a deemed contract (water supply and waste water removal) I fulfilled my obligations and I kept supplier informed of my address, they partially ignored this information. Someone at the supplier didn't carry out proper due diligence on performing debt collection and serving court papers. Secondly someone in UU's employee perjured themselves under oath that I had been properly traced, and served with papers, and given the option to defend myself. The fact they didn't do this and then lied to the court is criminal. If it was an individual it would be an extremely serious matter.
  3. I moved house three years ago. I informed United utilities of it and transferred the account and credit to a new address. Paid bill at new address, no problems. 2 Months ago found CCJ for Old address water rates. Got details on CCJ it was for when I didn't live there. Court details say Papers were served on me. United Utilities have applied to have the judgement set aside Have admitted it was their mistake and they do have a record of my current address and I did inform them. They are now refusing to contact experian/call credit/equifax to clear the record They are insisting I have to wait for the courts to decide. This has caused me a nightmare Im waiting on changing my car, I cant as I can't get a lease or credit. I'm looking to perform some other financial transactions and this is seriously impinging my ability. I'm a director of a company so its also affecting the company (Most company purchases have to be guarenteed by a credit worthy director nowadays) So due to the problems UU have caused me can I sue them for damages? They have been wholly negligent, they had my current address and it was linked with my old one, I was on the electoral roll for both addresses in a consecutive manner. The tenant at the old address had a forwarding address for me, and had used it very many times. The CCJ was never ever served on me? though it easily could have been. I never had a chance to respond, did someone perjure themselves to get this judgement? has someone who works for UU had to swear an oath that this judgement was correct to Northampton court? Im absolutely livid about this its caused a great deal of embarrassment and has seriously impinged on my business and life, surely there must be a way of getting proper redress when large company's abuse the court system and libel people who have done nothing wrong. Thanks in advance for any replies.
  4. Right, I noticed that my annual statement had come through for my car, for whatever reason I analyzed it. Ive just pulled the statement and the original agreement and it states the following Sum borrowed £12950 rate 6% per annum Interest calculated sum borrowed and admin fee of £199 Total interest is £4010.40 On reverse working this I have found that its either been calculated over 61 months not 60 or the rate is actually 6.1% The statment ssays its a 60 month agreement however the hp agreement says its a 61 month agreement but with 59 payments of xxx and one payment of xxx IE just a 60 month agreement. Confused....
  5. Long and short here.... However I do not want nor need charges back, my aim is to remove default notice. (The fact is the default noticee is causing my business to use very very expensive lending which makes the charges eem insignificant) 2 years ago a dormant Natwest "Joint" account had debit interest debited - this took us/her overdrawn - a 9 month spiral of charges lead to a £500 debt. She formally objected an applied for hardship. Case was put on hold due to pending court action in July 2009. Suposedly deafult notices were sent in July 2009. I did not receive default notice. Meanwhile we were both Defaulted. in Septemper 2009 In the meantime we were contacted by Triton crredit services by phone, foolishly they promised us full and final settlement with nothig applied to our credit file so long as we paid £350, I paid by card and have proof. Every usual method for removal has been attempted, none has yet been successful.(I would add in everey piece of corresppondence with Natwest I have written in my name the response always comes back addressed in my Wifes name, I can prove this) I am not bothered about reclaiming charges or the Default in my Wifes name. However for the good of my business I need to remove the default from my credit file, if I had known or had been given a chance I would have paid it in full at the time, Also the fact is I was never issued a a default despite Natwest stating I was and the fact I have never received ANY correspondence in my name. I will also add my wife and I keep our finances very very seperate and this was the only financial link, even now. The last hope I have is that there maybe a fault with the Default notice with notice sent to my Wife... If there is I can possibly use it to claim the copy that wasnt sent to me was invalid.
  6. Thers a couple of things I think that are unjust, one the entire debt that was defaulted on was charges, the original breach of overdraft was due to the debit of interest which I wasnt advised of. Also I was never sent a defaut notice, I know my wife was, but I wasnt given sight of this laast week - my wife and I keep our finances separate and have done ffor many years hence why I no longer used the joint account. Also there was payment made of £350 and the offer was for full and final settlement of the amount with no repurcussions, I also feel this was unjust as had we known no payment at all would have been made.
  7. I had this happen to me, howvere everything we now request the date appears to have been backdated, despite it being a none issue for us
  8. You have my sympathies, It took me many phone calls and and a threat to do "something" with my brothers ashes to stop the revenues and benefits from chasing my brother at my distressed parents address, even calling my dad out of hours to contact him.
  9. When id did my credit search last night I didnt see sky listed there, does sky count towards you a positive credit?
  10. I saw a world rank on forums once - trying to rcall it surely that puts CAG up with some of the biggest, If I recall one of the biggest uk ones was AVForums..
  11. Cheers, thank you I have used alot of furms in the past - but this seems to be the biggest and most comprehensive by far.
  12. My sympathies this is about to happen to us, on a massive scale- area that was phase 2 of our estate is now going to become an extension of the other housing around us and insteda of 50+ private homess it could be 300+ social dwellings and the through route is next to our house, thankfully no formal plans have been submitted yet!
  13. Ditto as above, I would look to recover all documentation from above lawyer first - try not to ring alarm bells yet he should just hand over file with the searches etc.. Also check out the VOA.gov.uk to see if it has been registerd for seperate council tax, someone could have been paying the neighbours.. rather than the 2a - 2b scenario normally seen
  14. Is this ATM in the UK? I have had this happen in the US where the ATM's seem to go through a different sequence, effectively I didnt receive my $400 but did receive the $200 I later tried to withdraw, basically the ATM checked for funds said it was paying them out, but then couldnt either due to a fault or lack of funds, the scary part is it debited the money on the tuesday at witchdrawal time but didnt re-credit them 24 hours later..
  15. HMM the long and short of it is you will probably never force the landlord to do anything other than adjust the tempreature of the thermostat DOWN in order to stop you burning yourself, and an electrical safety certifcate is not going to change the way the shower flows either, and I dont think the thermostat is covered (apart from electrical safety) unless it was installed after 2003 (when all thermostats became sealed and tempreature couldnt be adjusted from XX degress) Also in my experience a shower pump will not help either, they are a good idea in principle but in reality they constantly airlock, or cavitate the hot water, they are so noisy that they upset neigbours and even with a very good thermostatic mixer they rarely provide a comfortable shower due to all the above.. Unfortunatley there is no easy answer!
  16. Known about this forum for a while, I have used advice of it a good few times only now have I needed to join, one little default and BIG problem for me!! Anyway thanks in advance for any help that I may receive and I hope some of my help may help others.
  17. Try again, this an external link to the images and documentation on my Picassa account http://picasaweb.google.co.uk/andy.mcqueen/DropBox#
  18. Anyone tell me why I cant post links or attachments at full size, the above links are readabe on my PC but hopeless on here..
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