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kmiah786

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Everything posted by kmiah786

  1. Yes I have the agreement. Would you kindly give me your personal email address, so I can email you the agreement and any details or documents you require.
  2. Great..... Honestly, I have been using so many forums but no one has helped me so much and gave me such hope. Please let me know what I shall do to proceed with your paln.
  3. I realised I got the CCJ when I got my credit file in June 2010. What are the chances that the CCJ would be set aside? What will happen to the debt? Wouldnt Howard & Cohen fight against it? The claim form you mention, is it the one that I sent back with my income & expenditure on?
  4. I dont know of the N1 but I did recieve a form asking me to provide details of my income & expenditure which I did. After that the court made a suspended attachment of earning order for me to pay £10 per month. I always made payment in advance via cheque, 2, 6 months in advance via post dated cheques. When I made the 6 months advance payment, before the last 2 payments I went back home for some important matters and on return I totally forgot that the payments were due, I even lost the paperwork and did not know who to pay, where to send, so I sent Howard & Cohen an email requested such information which they did not reply to. After couple of weeks they called me saying if a payment is not recieved, legal action would be taken, I explained that I need details, they said they would post it to me. Few weeks later, my employers informs me that i have a AOE!! I moved home Sep/2010
  5. I must thank you sincerely for you advise. The CCJ was obtained as stated on my credit file on : 11/05/2009 The solicitors dealing are: Howard Cohen & Co Solicitors There is no mention of the CCJ proceedings on the SAR return. I have moved home couple of months ago and when i wrote to the court, I did inform them of this. The letter was sent by registered mail.
  6. Sorry, my mistake, I meant CCJ. Is there any way for challenging this debt? I wrote to the court over a month ago informing them of my circumstances and wrote to them that I have since changed employment, but couple of days ago my previous employer informed me that he recieved another AEO which he sent back saying that I no longer work there. The court has not replied to my letter which has been over a month. Shall I write to the solicitors who issued the AEO on behalf of welcome finance??? what shall I do?
  7. I did not recieve any default notices. The default is on my file as I have recently obtained my credit file and verifyed it was placed on my file on 11/05/2009. The current status of this outstanding debt with them is gone to a stage where they have sent a Attachment of Earnings Order.
  8. If its a error, can this be used against them, for example, to get the default removed or something, and what does without prefeduice supposed to mean?
  9. I just recieved the documents back from Welcome Financial after the SAR Request. Within all its contents, there no no mention of them sending me a default notice, no copies of the default notice nor have they mentioned the postal of such notice in the Account Collection Notes that they have provided. It does mention that a Default sum notice was ISSUED on 02/01/2009 and the default was placed on my credit file on 11/05/2009, but I do not recall recieving any default notices. What suprises me is with the SAR documents they have sent a Default notice dating 23/11/2010 with no signature and with my address wrong on it. A letter is also enclosed stating the issue of the default notice also dated 23/11/2010, no signature and wrong or part address. This has really confused me, why are they sending me default notices dating couple weeks back with no signature and wrong address with the SAR?? If they have sent me a default notice BEFORE they placed it on my credit file, why did they not provide it with the SAR?? If the default was placed on my file in 2009, why are they sending one dating 2010? PLEASE SEE THE ATTACHED LETTERS BELOW: Default Letter.pdf Default Notice.pdf
  10. I will send a sar and let you know what comes back. Can i pm you please?
  11. Do they have a legal duty to prove that they sent me reminders?
  12. Cant I challenge that they did not not send me any reminders or mention any defaults?
  13. Does this mean that they are not required to send me a default notice prior to placing it on my credit file?
  14. I realised a default placed by t-mobile on my credit file after which i wrote to them for a copy of my agreement. When the first letter was sent, in response the wrote the following: "I refer to the information you requested and confirm that the service agreement you have entered into with T-Mobile is regarded as "exempt" under the provisions of the consumer credit act 1974 and as such we are not required to file a default notice prior to termination of the service agreement. For the receipt of any correspondence and copy of agreements you can contact our customer relations tem" As I did not have a clue what the above meant in plain english, I wrote to them again for an explenation of the above and the agreement to which they responded with the following: "No signed contract can be supplied as you connected with us direct and a copy of our terms and conditions, and a distance selling regulation letter were sent with your phone. This gave you seven working days to return the equipment to us if you were unhappy with anything. Our T&C advise that we do not need to provide you with the documentation you have requested and a copy of this can be found on our website. Now I am really confused on what to do. How can I challenge this default? with the above agreement, dont they have to send a default notice prior to placing this on my credit file? Can I make a request under the data protection act to see all my details and payment statements? is there anyway that I can get the default removed?
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