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Peterbard

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Peterbard last won the day on November 1 2019

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  1. I cannot find my orriginal post relating to this subject, it may have been removed appologies if it hasn't. It was completely correct of course. The position up until the first of August was that these charges could be added to fees. In fact, if you want to be pedantic it still is. Until modifications are made to the TCE regs and I suspect the VAT act, it still is possible, I am completely ambivalent on this matter but my initial analysis was correct. It seems that because the advice sector has a view, the legislation should be ignored or altered to fit, it will have to be. As I say the impact of this is very minimal, but I hate to see bandwagons being cited in place of logic Anyone considered why these charges came to exist or increase. Purely by the actions of the debtor. Just by the way.
  2. I had a similar problem. It is upto your tennant to sort this. Does he have a mobile number, he really cannot permits bailifs to bang on your door for a debt you don't owe. Tough talk with him is required.
  3. Re the above. Vanquis removed the marker the same day as my last post, no contact no apology yet again. That restores my 100% success rate. Bad news is that I will not be able to use this case, It would not be fair on the debtors, who are very elderly and have had enough, dont blame them. However at least they now have a clean CF.
  4. DX. I really think you should try and get your head around this. The buisiness, does not have to send a section 87 CCA part v default / chance to pay part v notice to register a default. The D on your credit file and on the calendar section which reports the state of the account with codes, for instance P D U to illustrate whether the account is now in default, that would be the D. This marker only shows that there has been a "Breakdown" in the contractual relationship and nothing more. Summary info, does in fact show accounts which are in default, as it effects your score. Nothing on you credit file effects enforcement, just your credit score.
  5. I am currently commencing a Harassment action against vanquis, concerning 2 vanquis accounts put on a DMP in 2011. I have previously managed to get both these account defaulted and then the default moved back to 2012. Despite both accounts maintain agreed payment, the company have falsified missed payments in order torepalce the account and add a d marker within two years of the current date. I recently had the Ombudsman advise them to remove an again re appearing D and pay £100. Two days later the D appears on the husbands account stating missed payment's. Coincidence? Three times they have PROMISED to keep the record clear on these accounts. Despite having to act on the last occasion they have not contacted the debtors with any explication. Forgive me but this needs sorting now, whatever it takes, they are taking the piss. It suits them to pretend the account is active, so they pretend it has not been defaulted, they even send statutory notices to enforce the belief, then when it comes they want to sell the account, they are stuck, so they have to invent some reason to default.
  6. Why are you rocking the boat? When vanquis sell these to arrow or whoever, they usually default the account and backdate to when the arrangement was made. I say usually, not always, that's where the trouble starts, when they do not backdate they default, then you have to remind them. peter We? Dx the credit rating is based on what the CRA think the creditors will make of the report. So if it affected the score, they must think the data is available to the prospective creditor. Simple logic.
  7. Dx would know, this. Once they were an easy win. The procedure would be to ask the creditor for a a copy of the Default notice and a notice of assignment, they would have had to be send both before selling the debt, or do a request under GDMPR and see what turns turns up. Fuel for a set-aside application.
  8. I suppose you could query the Default notice, perhaps if you were having your mail forwarded, you could contend you did not receive one. If you didn't send a DN they shouldn't have enforced. Ask them for a copy and when the Section 87 Default notice was sent. I dont know what the success rate for claiming no DN is these days on a set aside application?
  9. The situation is this. If the debt had a default recorded before a payment arrangement is made. And the creditor agrees to an arrangement, then a D. should not show on the file. However, if one month is missed the creditor is permitted to mark it with a D. What you have to argue is that this is unfair, especially if some other marker, had been applied in the interim. What you want is the marker on the account then for it to be backdated. A default or missed payment is always viewable to any prospective creditor, if it wasn't, there would be no point to having one.
  10. It should be, of course. There should also be mention of it on the information page.
  11. Where are you getting this from DX, it is completely opposite to the information I have from Experian. I would think a prospective creditor would want to know, say, how old a default is?
  12. Sorry to correct you dx but one of the main things a prospective creditor will examine is the credit history of the applicant. "https://www.experian.com/blogs/ask-experian/how-lenders-view-your-credit/
  13. If the bailiff has received the LO, they can charge the Compliance fee £75. If they are to continue, they have to send a NOA. Are you sure you have not received correspondence from them? if not you owe £75 if you have its £310
  14. I hope this wasn't your last word on this Paul, because there is Zero chance on either of the above. As far as I can see there have been no breaches of the DPA, and there was no such Judgement in Durkin. The English court could not make one, and damages were thrown out, unless you mean the derisory damages awarded by the Scottish Court. Good luck anyway.
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