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  1. Hi I made a EAC2 complaint against a Bristow & Sutor bailiff who was abusive and racist during my telephone conversation with him after he had visited my home while I was out. I recorded most of the conversation. I have received the Bailiffs response, which is a load of rubbish as he has not addressed the complaint. The court has given me until 20th May whether I wish to continue with the complaint. Whats thrown me is the following part of the letter from court. 'I strongly recommend that you seek legal advice before you proceed, as the law surrounding Bailiff's power is extremely complex. I should also make you aware that in the event that a hearing is ordered and your complaint is not upheld, you may be liable to pay costs to the bailiff subject of the complaint.' Look forward to some advise.
  2. My Dad got work done at his house where I live 4 years ago. The electrician didn't do something he asked for so he cut of £500 from a £20,000 bill. Today I get a update from Experian that I have a CCJ under my name issued yesterday. Having spoken to the court it turns out that the Electrican issued a CCJ at our old address where we moved from 4 years back. I never got any of the letters or did I get any intimation from the court AND I am not a part of this at all. I only live at my dad's house and the claim should be between these two. I have nothing to do with the bills for the building of my dad's house. My Credit score just dropped from a 5/5 to a 1/5 for something I am not involved in or knew anything about. Spoke with the court who have suggested I pay £150 and do a application to set aside the judgement. Also spoke with Experian who say they will put this down as fraud as it has nothing to do with me but they will need to investigate and can't guarantee that this will clear my record. Also the claim is issued under a misspelt surname. Does that make any difference? What should I do????? Some guidance would be highly appreciated. I have worked hard to keep my Credit history good and one wrong swipe has just ruined it.
  3. Afternoon one and all. Hope you're all doing well? I was hoping that someone might be able to advice me of something just milling around my head. On the 7th of April, I found a car on Gumtree and entered into a conversation with the seller. After a while, my gut instinct was literally going ten to a dozen because the seller said that he wanted to sell the car to me using a third party, gullible as I am, I researched the said third party which was Reedy's Trading Group. I did quite a bit of research on Reedy's Trading Group and found many a website that verified that they were real. Even on their website and the back end they had Gumtree accredited within their SEO. I proceeded with the sale doing a bank transfer for £2779.00, Yes, I know, what a idiot. Turns out that Reedy's never existed, they had cloned all of these websites and created reviews. I got in contact with Gumtree to report the seller after reporting the fraud to Action Fraud for all the good its done. I work as a user experience designer and I wanted to ascertain exactly how Gumtree verify who is real and who isn't? I contacted Robert Hatterley who is the CEO of both Gumtree and Ebay UK and the only reply that I kept on getting was that how Gumtree are a classified add and they have a dedicated Fraud team... This is where I need the advice. 48 hours after the [problem], another company cropped up on Gumtree selling 15 cars, the name of the seller was Reedy Trade. I created a dummy account and these people sent through pretty much identical to how I was [problem]med before. I have reported this to Gumtree, 72 hours later, I checked and the seller is still there. If Gumtree is quoting itself saying that it prides itself on how it tackles Fraud and they have a dedicated team, yet in 48 hours I have managed to prove that the fraudsters are still trading on Gumtree, would I be able to claim damages back under the Misrepresentation Act of 1967? Because they are claiming that they are being vigilant, yet this isn't the case? Thanks in Advance Cole:|
  4. Hi guys, Received a N1 today from the country court business centre issued on the 13th of April The claimant is Lowell Portfolio L LTD and Lowell Solicitors Limited On the letter it states the Particulars of Claim which are as follows, 1) The Defendant entered into an agreement with O2 (UK) LTD under account reference XXXXXX ('The Agreement') 2) The Defendant failed to maintain the required payments and the service was terminated. 3) The Agreement was later assigned to the Claimant on 30/09/2014 and notice was given to the Defendant 4) Despite repeated requests for payment the sum of £781.37 remains due and outstanding and the claimant costs. a) The said sum of £781.37 b) Interested pursuant to s69 county courts Act 1984 at the rate of 8& per annum from the date of assignment to the date of issue accruing at a daily rate of £0.0171, but limited to one year, being £62.61 c) Costs It is signed Lowell Solicitors Limited Total amount with court costs and legal fees £973.88 Where do i stand with this? what is my first step as I admit I have previous debts from 5+ years ago but I do not recall this one and I've had no other letters of Lowells regarding it
  5. I am taking a builder to the small claims court who breached an agreement arranged by Trustatrader who were useless. I did the application on line and there was only a small section that allowed me to briefly describe my claim. He has been served and I have received a Notice of issue so he has until 27th March to reply. I have seen there is a N1 claim form that seems to have more space to state the claim and you can send extra pages if necessary, this seems to be a postal application. My question is what happens now? He is claiming he is now out of work because he has been removed from the above advertising site so I am unlikely to get anything out of him anyway but I shall give it ago. I have reams of evidence against him from a week in when he decided to walk away and refuse contact with me. There was also a situation that could have killed or seriously injured someone and I have pictorial evidence. When do I get to state all this as I understand your case in some instances can be strong enough for there to be a judgement without a hearing. He has already admitted liability from emails sent and the fact that he signed an agreement to pay me. I know not to contact the court as they don't give out any advice and have tried getting through to Citizens Advice. I think he will defend his case in order to get a judgement that will allow him to pay over several years at least that's what he said in an email. I want to get over in writing before any hearing what this builder did to me and the extra debt I found my self in, not to mention the stress. I also don't want to arrive at a hearing and have to go over it I would rather it was there in black and white so I can have a clear mind to answer any issues that may arise. Any advice greatly appreciated
  6. The UK TV Licensing model now looks seriously outdated against the many pay monthly streaming rivals such as Netflix, Now TV and Amazon. The UK TV license costs £145 per annum or £12 monthly whereas a standard Netflix account is £7.50 monthly and Now TV Entertainment pass is £6.99. This makes the TV license 40% more expensive than its rivals. For second home owners the price of the TV License doubles even when it will get much less use whereas with the streaming services you pay only slightly more to watch on more than one screen at the same time regardless of location, ideal for providing high quality entertainment in holiday homes. The BBC provides a very broad range of services but with many people now choosing to only watch selected high quality programming on demand the traditional UK TV license and content delivery model now looks very outdated and expensive compared to streaming rivals producing very high quality original drama. It feels like many UK TV license payers are now subsidising the few people who still watch live TV. Time for change, the BBC should adopt a democratic approach to revenue generation where consumers choose what content they pay for.
  7. Hello, (Please excuse me if this has been posted in the wrong section). I recently found out I have a CCJ against my name and credit record etc. However the debt isn't mine, it is my Dad's, but we have the same name. I took a mobile phone contract out with Orange a few years ago (2010 my first contract), after a while I set up another mobile phone contract under my account for my Dad. After his two year contract passed EE (was Orange) contacted him for an upgrade, which he accepted but requested that the number and contract be severed from my account and a new one set up under his own name and details, which at the time EE said they could do so. Six months later my Dad's contract was cancelled and the debt defaulted. I only found this out a further three months later (November 15') when I tried switching from Orange (My contract was still under Orange) to O2 but they withheld my number transfer because of this unpaid debt. This is when we found out EE hadn't set up a new separate account for my Dad and kept the two mobile contracts under my account. When I tried to resolve this with EE they already sold the debt on to a collection agency. I left this with my Dad to rectify and repay. Fast forward to July 16' and the original debt collection agency had passed the debt onto another collection agency, and these guys sent notification of an application for a CCJ. During this time my Dad was recovering from severe health problems and ignored all these letters, thinking they were for him when in actual fact they had been for me. I only found this out when I applied for a small ( The judgement was made in my absence in August 16' as no defence was submitted. I contacted the County Court earlier this month stating this isn't my debt it is my Dad's, they referred us back to the debt collection agencies who then referred us back to EE who then referred us back to the debt collection agencies who referred us back to the County Court and the cycle continues. This CCJ should be for my Dad not me, we have no problem paying off the debt sum (around £580) but if I agree a payment and a certificate of satisfaction, the CCJ will still be on my credit record when it shouldn't be there it should be on my Dad's and I need the Court to change this. Now I know I've missed the deadline to submit a defence and ask for a set aside, but I am aware I can still apply for a set aside (sooner rather than later) so I can submit my defence on this CCJ (pretty much what I've wrote above) but my concern is paying for this application (an N244 form?) and it being rejected and having this CCJ on my record when it doesn't belong to me and affectively pausing my future for the next six years. I've been in regular contact with the debt collection agency and I would like to see if they'd agree to a set aside too as they're aware of the situation, the debt should be assigned to my Dad not me, but they may not agree to it which makes it a bit trickier with the County Court if they reject it too. I'm just looking for advice from anyone who has been in a similar situation, whether or not a CCJ can be changed to a different person (even if that person admits it is their debt)? Is the outlook of my next six years bleak? How do I pay the N244(?) form when I send it to the County Court? I appreciate your time reading the above and any feedback is most welcome, Thank you.
  8. Hi. I recently used Expedia to book a holiday in Europe. Unfortunately the hotel downgraded us after our original room had a huge blood stain on the carpet of our original room, the TV hardly worked and they charged us a charge on my debit card after we had left which I am having to work very hard to get back. Expedia don't really want to know but I am persevering. My question is, if it comes to it, should I want to start a MCOL claim against them, being as their HQ is in the US, could I do this or would a chargeback on my credit card be a better option? Than you all.
  9. hello, I do not know where to post this plea for help/advice. Recently dceided to sell my house & searches revealed a charge against my share in the property by CAPQUEST INVESTMENTS Ltd, I know this organisation has a reputation, from reading this site. I have lived in the property since 2004, still a small mortgage with GE Money I am pensioner so funds are restricted, any advice on how to establish what this charge relates to
  10. My little Café was due to re open after Christmas on 3rd Jan. On that day I went in to find no hot water and a huge brown stain on the ceiling. I called my Landlord who came over to try and sort the boiler, but to no avail. He said the water from the ceiling could be part of the problem. The space that I rent is from a Landlord, who then uses and agent, Fischer German. So, that day I could not clean or trade. The next day I went back and found a chap working on the boiler. He went up into the roof and found a valve which had been left loose by anther Company who had installed pipework just a few days before Christmas. He was instructed by the Landlord's Agent to tighten the valve, which he did, but, at the same time put his knee through the ceiling and down came all the water! I have been unable to trade and have contacted the Company who fitted the new pipework and caused the leak. I've asked for £150 per day whilst the premises cannot be used, a £200 food wastage fee and the cost of a deep clean (as the insulation is fibre glass). They have agreed to repair the ceiling and pay for a deep clean, however, they dispute any other charges and say it's down to the man from the boiler company as he put his knee through the ceiling! I'm not sure which way to turn, I'm earning nothing and do not have an insurance to cover business interruption. In my eyes, the people who caused the leak should be the people who pay. Even though someone has put a knee through the ceiling it was still holding a large amount of water and so too was the insulation. Please could someone give me some advice on this?
  11. Hi, apologies if this is posted in the wrong section, I am posting on behalf of a friend whom has recently started talking to his parents again after 6 years. He moved away and hasn't made contact until recently. His mother has kept a gigantic amount of mail dating back years all unopened, we got to work sifting through them. Have come across a letter from Lowells dated August stating that he has failed to make payments against the CCJ they issued against him, she has every letter that was sent to the house in his name, there are no court papers and no prior letters to this one from Lowel or letters since that onel. Its all very strange. The debt they have got a CCJ against him for is a mobile phone contract on Orange/EE he had around 7 years ago so this debt would have been statute barred, he isnt even sure if there was money outstanding but is adamant he closed the account after contacting them due to having no signal in his home, this was discussed with a customer services operator and they both decided it would be the only option. He doesnt remember anything else. Where does he go from here because obviously he did not receive any court summons and if he had he would have defended against it with the supposed debt is barred. What is the next step for him in sorting this out? Any help appreciated Thank you
  12. Hello I really need some help please. I bought a solid gold christian name necklace from 'My Name Necklace' and purchased their 12 month warranty at the same time. Just inside the warranty date, the chain broke, I completed the online claim form along with a photo of the broken chain ( The warranty covers chain breakage ) The company emailed soon afterwards on 15th November stating: We apologies for the situation. We can send you another chain. A prepaid return envelope will be sent so that you can return your original item to us.* Please let us know if you agree. Please note that this envelope is already addressed to us and prepaid. Simply place your item in the envelope and drop into any mail box. There is no need to add postage or go to the Post Office. Please let us know if we could be of any further assistance. Best Regards, Allison Brown My Name Necklace Customer Service Team I replied stating I would use the envelope but as the order cost me £116.00, I would not be popping the envelope in a letterbox, and would pay extra to send tracked. 2 weeks passed, and the addressed envelope hadn't arrived, I messaged again to report this, was told that the returns envelope can take up to 3 weeks to reach me. I realised the compary was overseas, so had to accept this. At today's date there's still no envelope I've contacted the company again and they are just lying / fobbing me off by saying they have escalated my complaint, and then I hear no more. I've asked for the company address and they won't supply it. All communication has to be done through their webforms only. I may have found the address through Google search, but it may not be correct: Mynamenecklace 14455 N Hayden Road Suite 226 Scottsdale, AZ 85260 I'm wondering if there is a procedure similar to the UK 'small claims' that can be done with an overseas company? Can anyone advise please? The necklace was my daughters 2015 Christmas present from me. To be honest, she only wore it a handful of times as the chain is so fine, that she was frightened it would break, and unfortunately the chain caught on her jumper, and snapped when she tried to release it, albeit very carefully. Thanks in advance for any advice offered.
  13. Hi all. Very briefly, my friend worked for an employer last year who paid him by bank transfer and never gave him a pay slip. My friend resigned at Christmas and since then has sent letters to the employer asking for payment for 2 days worked, 2 days bank holiday pay and 2 days holiday pay. He has since asked me to help him make a claim against his ex-employer. Evidence-wise, we have this: Original advert in local paper Bank Statements showing 7 bank transfers made to my friend's bank account starting on 11.9.2015 and ending 18.12.2015 totalling £4718 Copies of letter and email sent to employer Proof of receipt of letter. He is owed money for the last 2 days he worked (21&22 December 2015), 2 days holiday pay and 2 days bank holiday pay. He works this out as £9 x 8 hours x 6 days=£432 Is this the correct amount or do we work out the Tax and NI he would have had deducted? (although his employer, apparently, never paid his NI or Tax) My question is, do you think that we have enough evidence to proceed? And, if so, is an LBA the next move, detailing the above information? Thank you in advance, B
  14. Last year out of nowhere I received a warrant for execution for a CCJ that I had no knowledge of. It transpired that it related to an old overdraft with HSBC that I knew nothing about. The claim was filed by Lowell who had never contacted me regarding the debt at any time. I arranged to have the Judgment set aside and then proceeded to defend the claim. Judgment has now been found against me and I want to know if anyone can advise me as to what to do next. I have no knowledge of an account with HSBC and never used one. Lowell have not provided any application form showing that I opened it or used it. The only evidence they have provided is some copy bank statements from their own database. The account is in a variation of my name - not the name I used. I in fact had a different bank account at the time - have had it and used it for over 10 years. First question therefore - if they do not have an application form or any other form of official evidence - is that enough basis for a claim? I cannot believe that some print-outs from the claimant's own computer is sufficient evidence of anything but is there a legal authority on this point? Second point, the overdraft was "called in" in 2007 but the claim was issued in 2014. I disputed this as being statute barred. In response Lowell suddenly came up with a spreadsheet from their own computer database with payments supposedly made my me and therefore claimed that it was capable of being the subject of a claim. They have not provided any evidence linking me to these payments - they are just dates, amounts and say they were made by "standing order" (but no details of the bank they were made from). I have spoken to my bank and they confirm no standing order payments or payments of any kind were made on the dates they allege. Do they not have to show where the payments came from? I am now in the position where I need to decide whether to apply to have the Judgment set aside again and dispute it further but having already failed once I am a bit concerned about this. I cannot understand how they can have a valid claim when they have no evidence other than that mentioned above. How did the Judge find in their favour? I can't afford to make the application to the Court unless I have some solid evidence behind me to fight my corner.... . which is why I am posting on here. Can anyone point me in the right direction or give me some pointers on how to fight this? I have reported the account to Action Fraud but I don't feel that Lowell will investigate this properly as it is in their interest not too! If they find evidence of identity theft or fraud - then they don't get their money! I have also reported Lowell to the Financial Ombudsman as I think they are wrong to pursue a statute barred claim. Any help here would really be appreciated as I am at a real loss.
  15. Hi all, I am considering starting an action against the DWP/Jobcentre in a County Court. A brief synopsis is as follows: I claim Employment and Support Allowance (ESA) and am in the Work-Related Activity Group (WRAG). I am required to take part in a "work-related interview" every six months. At my last "interview" my work coach offered to conduct the "work-related interview" over the phone instead of in person. However, when I asked the Jobcentre staff to fulfil this offer recently they simply refused. I asked for the Jobcentre to make a reasonable adjustment in this respect due to the fact that I suffer from various health problems and getting to the Jobcentre is unreasonably difficult for me. This was denied. Is this a matter for a County Court that needs to be issued against the DWP or is it a Employment Tribunal matter because the Jobcentre could be described as an "employment service" for the purposes of the Equality Act 2010: http://www.legislation.gov.uk/ukpga/2010/15/section/56 If this does go to a County Court what are the chances I will have to pay the other side's legal costs? I suspect the DWP/Jobcentre will aggressively defend this. Many thanks in advance.
  16. Hi Guys I took out a loan in june of this year paid over half of the price for the car with cash......I have sadly lost my job now...but I need the car for getting to and from interviews and ultimately to get to and from work once I gain employment again I have noticed within the terms and conditions that I am not allowed to go bankrupt or seek IVA without losing the car?...I was going to see if Santander would allow a payment holiday giving me time to find a new job and carry on repaying the payments I still have the option of handing the car back and walking away but this would mean losing £9k, and also I have the option of making Santander obtain a court order to get the goods back.........what can I do guys obviously I don't want to lose the car?? Is asking to lower the repayments an option? or not?....is there anything I can do...thanks for reading my concern and any help would be very much appreciated Kind Regards Nick
  17. Hi I have just been sent a claim form for a old credit card. The card was with Barclaycard but went into default in 18/03/16 and now the debt has been taken over by mkdp llp or hoist portfolio holding 2 ltd. I have submitted a acknowledgement of service I have a couple of weeks to get a defence, do I have any grounds to defend this. I was thinking of requesting the cca as I was told the claim wont be valid if they don't have this. Any help here would be much appreciated as I really don't no what to do and cant afford to pay it
  18. Hello I am new to posting - I would be grateful for any help I have followed the advice on the forum and have filed a county court claim against ge money for unfair fees and charges for the amount of 2300. I have received a reply stating that they think my claim is poorly particularised and wholly without merit and therefore vulnerable to be struck out by the court and have made.me an offer of 1250 and if I refuse this then they are instructing their solicitors to file a formal defence and apply to the court to strike out my claim I am now losing my nerve- can someone help me - will I have to go to court and what will happen. If I lose is that the end of it. I really don't want to accept this as they have treated me terribly in the past. Grateful for any advice at all! Thanks
  19. So I was nightshift last night and woke up this afternoon to a letter from scott and co telling me that a summary warrant has been granted against me for unpaid council tax, thing is I don't have any unpaid council tax. I did have a small amount last year but that was paid off months ago. I called the council in a rage who told me there was no one available to speak to me but that my account was showing as up to date and they couldn't understand how this had happened, i could wait 45 mins (!) on hold or call back later. So I called back later and they have recalled it from the sheriff officers but are refusing to take the 10% court fee off it. The council are claiming there have been two late payments on the account and this is why this has happened, the first in April which I accept as I went on holiday and forgot to pay it before i left (i pay with a swipe card) so the payment was a week late, they claim a second late payment in june which i dispute but cannot prove, they say it was paid on the 4th rather than the 1st, surely even if that is true it falls within the seven days they give you to catch up with a late payment? I dont understand why if this allegedly happened in june am I just hearing about it now? Why didn't I get my second reminder letter from the council? How can a summary warrant be granted against someone whose account is up to date? and is there anything I can do about it? I am not happy about paying the extra 10% at all but at least they have recalled it from Scott and Co so I wont need to deal with them. Is it even worth fighting them on it or should I just pay the 10% extra and forget about it. Also they assure me this will not affect the mortgage I am hoping to get in the next few months, the bank have already told me I can have the mortgage I am just saving the deposit, please tell me they are right?
  20. Hi All Summary: - I've had an agreement set up for 12 months with no issues from a debt. - Visited on 3rd August 2016 while on holiday by a HCEO, no 7 day warning in writing. Asked confidential questions to my neighbour - Visited again last Friday 12th at 06:45 am, again no 7 day warning in writing - He showed no ID, I let him in to stop any embarrassment and to genuinely sort out some confusion as a payment plan has been in place for over 12 months with no issues. - Outstanding amount before entry was £358 (oringal writ amount £2305.56), he demanded £1483.11 - Gave me no opportunity to speak with anybody from the claimants office - Served a writ - I didn't read it properly as I was in a panic with my daughter in the house - I had 1 option to pay in full, without hesitation and with no inventory made he grabs my car keys - We panic and pay the full amount £1483.11 with a credit card He leaves, leaving a trail of utter despair and emotional distress. I called the relevant parties at 09:00 the same day, the HCEO office decides to refund me £970 within 1 hour (when I mentioned the writ below) - Saying 'we dropped the ball' (the claimant and HCEO had no communication or understanding of my debt and the actual correct figures owed) From researching the past 3 days: - The writ was dated 28th May 2015 (expired) I never checked it. I've called the court who issued it and they confirmed it expired and was never renewed. - The actual HCEO who attended seemingly has no certificate according to the register I have made a formal complaint in writing but wanted to know if there is any consequence for a HCEO enforcing an expired writ? Also when a HCEO has no certificate? ...Can I take action? Appreciate any guidance. Thanks, garynansome
  21. Hiya all, Personally I think that the fine I've received is absolutely unjustifiable on the grounds that it was completely unclear, even clear in the opposite way, that this spot was restricted- and every colleague/friend/family member I've consulted has agreed. However I'd like to sense check that before I waste any more time dealing with the glacial process of formally appealing it now that the informal one has failed. I was parked at the end of a cul de sac, which had no signage about parking. There were double yellow lines alone the sides of the street, but they appear to me to visibly not cover the end of the street (indeed everyone else has come to this idea, as the end of this street is regularly full of cars parked at the end). As the PCN and the rejection of my informal appeal only mentioned double yellow lines, It can't be anything else. Hopefully everyone can see my attachments; the first two less grainy photos are some of the ones I took to demonstrate the situation, which I sent along with my informal appeal. Long dead end street, no obvious double yellow lines at the end, no signage banning parking The third grainy photo is to me the most damning photo they sent as evidence. Interestingly the white paint splodge of no clear meaning right next to my car that you can see in my photos looks as if it could be a double yellow line due to the angle of his photo. I'm sure that this was absolutely a coincidence and I have absolute faith in the traffic wardens honesty and integrity. Only a cynical person would suggest that he's deliberately misrepresented the situation. So what do people think? I'm currently waiting until the notice to owner arrives and plan to make a formal appeal, but if people think I was actually in the wrong then I'd rather not waste everyones time. additionaly I'd be grateful if anyone could answer the following: Can I make a formal appeal directly even though I'm not the registered owner of the vehicle? The "Notice to owner" apparently has to go to the owner, is there a limit on what representation I can make by myself?
  22. Hi I am sure plenty of members are aware of Labours National Executive Committees (NEC)decision to bar all members who joined in the last 6 months (100,000 people approximately) from voting in the new leadership race? That is unless you pay a £25.00 membership fee within the next two days? The questions I would like to pose are, a)Is it illegal to, retrospectively, change the constitution/rules to deny the’ new’ labour party members a chance to vote? b) How much would it cost to mount a legal challenge against their decision? c) Would the new Labour party members be willing to pay an extra couple of quid to finance the challenge ?( here is my £2) d) Would anyone from CAG be able to assist in setting up a secure holding account etc etc if required? Now whether it’s Mark Twain, “If voting made any difference they wouldn't let us do it.” Or Ken Livingston’s twist on it (I think?) “If voting made any difference they would ban it.” Both quotes and the labour parties NEC decision give me grave concern in this world of “open and transparent democracy”. Regards Biff
  23. I've just been reading through an old thread on here regarding Carmel Butler's Memorandum to the House of Commons Treasury regarding mortgage securitization, which I have referred to in my skeleton argument for my defence in a possession hearing I have tomorrow. Does anyone such as supersleuth or enoughisenough or Smarterchick have any updates on how they got on, as the other thread seems to have dried up? If anyone can tag/link them in here as I don't have enough posts yet, that would be very good of you.
  24. Afternoon all, I'll get straight to the point... one of the payday 'giants' has been unfairly processing my data for the last 3 years now and are unwilling to change their position. Hence, I am considering taking them to court. Here's what happened: - Payday loan taken out in 2013 - Couldn't afford it (like most), half of the sum due was taken out of my bank account, leaving the other half due - Been down the irresponsible lending and unaffordable complaint routes, both failed with FOS - The lender has never bothered to default the account, it is still in limbo today - Having checked my credit file, the lender has reported the account 'late payment' for the last 3 years I have contacted the ICO for some clarification regarding credit reporting, and I was advised that the 'late payment' marker should only be used for a maximum of 6 months, after which time the lender should either default or discharge the account. Keeping the account open in this current status is unfairly prolonging the length of time the entry will stay on file. With such accounts, unless defaulted accordingly, they could stay on file indefinitely, much like a credit card or current account. This is clearly a breach of ICO guidelines and the DPA. The lender has claimed their current reporting is an accurate representation of the status of the account and that they are "not required to provide a notice of default for this type of product". I'm not sure why they have said this either. As it stands, instead of this 28 day loan being removed after 6 years, it could stay on there for 9, 12, 15 years possibly.. you get my drift! I'm reluctant to escalate this to the FOS or ICO as from a lot of personal experience, they are extremely inconsistent and unreliable. Therefore, I'd like to go straight to litigation. The thing I'd like advice on, is which legislation(s) to use, i.e. just the DPA or include the CCA and ICO/FCA regulations. Also, as the lender is way past the legal timeframe in which they can default the account, and I'm sure they can't default it retrospectively, is it fair for me to request the account be removed in its entirety? I've seen others also request damages upto £1000, but I'm not sure how they have reached this sum or proved the sum justifies the damage caused. Any advice about the best way to go about this would be great! Thanks
  25. this is about a Vehicle that needs around 3,500 - 4000 Costs in Repairs or a Full refund. its been over 2 Weeks since I sent the required Extra Information to Claims Team that they asked for . Today I received this email. "I have checked with management and your file is still under review and hope to have a decision to you by next week. Should you have any further queries, please do not hesitate to Is contact us." I Received this email about 6 Days ago "I am sorry to learn of the difficulties that you are experiencing with this merchant. Section 75 of the Consumer Credit Act 1974 covers purchases made using the card costing between £100 and £30,000, where a misrepresentation or breach of contract has been proven. Please be assured that a complete review of your claim is in progress and I will update you as soon as possible. " I was told on the Phone 7 - 10 Days it has been over that. Really not happy about the amount of time they are taking. Is there anything further I should do at this stage ? Its causing a lot of issues in the House and costing us money. I am planning on going Small Claims Route if I need to. as I am pretty sure it is clear cut case It has been just over 4 weeks since Lloyds where made aware of the Issue. .
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