Six years ago (in 2009) a Freeman on the Land (FMoTL) supporter by the name of Mike Dobson (Mike:of the clan Dobson) drafted a Removal of Implied Right of Access notice which he used to ‘scare off bailiffs’. He advised on the Freeman Ireland website that the notice should be put up at the boundary of the ‘private estate’ and the ‘public access way/street’ and that if a bailiff came to the door of the house they should be politley told that they would be trespassing and that they would have just 60 seconds to leave before a call would be made to the Police. Due entirely to the internet, the Removal of Implied Right of Access notice drafted by Mike Dobson went 'viral' and appeared on the Freeman on the Land’s favorite media outlet; YouTube. In 2010, the notice first appeared on the popular FMoTL forum; Get out Of Debt Free. Within a short time all popular Freeman on the Land websites carried the notice with many of them making their own changes to the wording. In March 2014 I researched the background to these silly notices and started a thread on this subject which to date has received over 12,000 visitors (link below): http://www.consumeractiongroup.co.uk/forum/showthread.php?420602-Notice-of-Removal-of-Implied-Right-of-Access-(NOROIRA)....where-did-these-bizarre-notices-come-from PS: Unfortunately, the internet sites that recommended using this notice were unaware that the notice proved to be a complete and utter failure for it’s author; Mike Dobson (see link below) http://www.consumeractiongroup.co.uk/forum/showthread.php?420602-Notice-of-Removal-of-Implied-Right-of-Access-(NOROIRA)....where-did-these-bizarre-notices-come-from&p=4664219&viewfull=1#post4664219

Enter the words” Notice of Removal of Implied Right of Access” into your computer search engine and you will be referred to various websites with connections to Freeman on the Land movement and other “get out of debt free” sites. If seeking help regarding bailiffs pursuing a Liability Order for unpaid council tax or a warrant of execution for an unpaid parking charge notice you will soon discover that such sites actively encourage debtors to display a “Notice of Removal of Implied Right of Access” ……(many times shortened to NORIRA) in the mistaken belief that in so doing, this will legally prevent a bailiff from entering the property boundary and will stop all enforcement of the debt. For those unfamiliar with such notices it is purported on such websites that if the bailiff ignores the Notice of Implied Right of Access that the occupier of the property may legally instigate a claim of trespass against the bailiff company. It is very well established that debtors can in any event refuse to allow a bailiff to have “peaceful entry” into their property and the Court of Appeal stated this very clearly in the case of Khazanchi v Faircharm Investments [1998] A recent instance of a debtor who used this Notice of Removal of Implied Right of Access procedure occurred in the summer of 2012. The claim related to an outstanding council tax debt which Rossendales had been instructed to collect by the local authority concerned. The case is an interesting one concerning these Notices of Implied Right of Access which are a defective idea and cannot have the effect claimed for. Background In July, the debtor wrote a letter to Rossendales headed “Notice of Removal of Implied Right of Access.” It was sent by recorded delivery. The letter purported to be a legal notice removing the bailiff’s right of access to the debtor’s property and warned that any attempt to enter the address by a bailiff of the company would be deemed as trespass. The letter went on to say that a criminal complaint would be filed against any party violating the notice and that a penalty of £750 would be charged. Rossendale's responded to the letter by advising the debtor that as a liability order had been obtained at the magistrates court and instruction had been received from the local authority to execute distress, that the bailiff was able to legally attend the property in order to enforce the debt. Subsequently,a visit was made to the debtor’s property by the bailiff. No contact was made with the debtor at this particular visit although the relevant bailiff attendance documents were left at the property by the bailiff. The next step taken by the debtor was for a claim to be lodged to the county court for an alleged trespass by Rossendales Ltd on his property. The case was heard at Norwich County Court in January 2013 via*the Small Claims Track before District Judge Pugh. Particulars of claim: These were as follows: • The claimant (debtor) had served Rossendales Ltd (defendant) with a Notice of Removal of Implied Right of Access by recorded delivery in respect of the claimant’s property. The notice contained contractual terms and conditions including a penalty of £750 to be paid by Rossendales in the event of trespass. • By the bailiff subsequently attending the claimant’s property it was averred that an act of trespass was committed and the contractual term to pay the trespass fee stated in the Notice of Removal of Implied Right of Access had been accepted by the defendant. • The bailiff had no legal right to attend the claimant’s property as he did not possess a copy of the liability order. • Reference was made to the case Davis v Lisle KBD 1936 in which the Court of Appeal held that a permission given to enter private property may be revoked, making the visitor a trespasser. At the hearing: Rossendales as the defendant, rebuffed the claims made stating that it had authorisation from the local authority to execute distress (a copy of which was made available at the hearing), but that Regulation 45(1) Council Tax (Administration and Enforcement) Regulations 1992 (S.I.1992/613) provides that: "Where a liability order has been made, the Billing Authority which applied for the order may levy the appropriate amount by distress and sale of goods of the debtor against whom the order was made" Furthermore, Regulation 45(7) says that: "A distress shall not be deemed unlawful on account of any defect or want of form in the liability order, and no person making a distress shall be deemed a trespasser on that account".; and that: "no person making a distress shall be deemed a trespasser from the beginning on account of any subsequent irregularity in making the distress, but a person sustaining special damage by reason of the subsequent irregularity may recover full satisfaction for the special damage (and no more) by proceedings in trespass or otherwise". Judge Pugh questioned the legality of the claimant’s case. He said that while he had no reason to query the use of the Notice of Removal of Implied Right of Access, he felt that its relevance in this particular matter was left wanting, as withdrawing consent to the right of access to the property did not override the legal right of the bailiff. He agreed with Rossendales that the bailiffs had been granted powers by statute contained within the Council Tax (Administration and Enforcement) Regulations 1992 to levy distress and that as per Regulation 45(7) they could not be considered a trespasser. The Judge went on to say that as a liability order had already been granted by the magistrates court, he had no reason to “look behind” the validity of the application and did not intend to question this further, accepting that any appeal relating to the making of the order should have been made to the magistrates court after the original liability order hearing. Furthermore, the Judge said that despite what the claimant had written in the notice regarding contractual terms and conditions, it was not a contract as there was no consideration from either party involved. The claimant could not simply rely on Rossendales accepting the terms of the notice purely because they carried on with the lawful act of levying distress. The Judge felt that the claimant was confusing the law of contract with the tort of trespass – which was a different element of law altogether. It was stated by Judge Pugh that it is a common misconception that trespassers can be automatically prosecuted when in fact they cannot. Instead, an aggrieved individual would have to demonstrate that there had been a loss as a result of damagescaused by the defendant’s alleged trespass Despite remonstrations from the claimant, the Judge dismissed any reference to the case Davis v Lisle* (1936) mentioned in the claimants application, saying that it did not bear any direct relevance to the matter before him between the claimant and Rossendales. The question was put to the claimant; where was the loss in this particular instance? The claimant could not provide any evidence to support his claim. Conclusion: The subject of “penalty clauses” is one that is currently causing a great deal of debate in particular; with private parking companies who frequently attempt to impose a penalty charge of up to £100 ( and in some cases even more) for overstaying the stated parking time in supermarket car parks such as Lidl, Morrison, Aldi etc. POPLA (Parking on Private Land Appeals) and the county courts are frequently rejecting such charges on the basis that they are not a “genuine pre-estimate” of the likely damages experienced. As the Rossendales bailiff had merely visited the property and left a notice confirming his attendance, any trespass would have been negligible and damages nominal. In his final summary, the Judge made it clear to the claimant that he had been ill-advised in making his claim to the county court to try and prevent the bailiff from carrying out what he was perfectly legally entitled to do. From the claimants’s response it was clear that he had been influenced by information on the internet when preparing his case. Not surprisingly, the court claim failed. Judge Pugh dismissed the penalty of £750 and ordered the claimant to pay Rossendale’s legal costs.

Caledonian Removal Company Hi brand new to these forums and would appreciate any help/advice how to rectify this problem... I am experiencing issues with this company and would advise anyone NOT to use there services... Some items are lost and despite endless phone calls and communication with them not once have they responded and most of the time he ignores talking to me.... would appreciate any updates on any success anyone may have had in getting their goods back from them.. David Howie who operates this outfit thinks he can treat people and there storage in any way he likes, then ignores all attempts of communication. Hopefully by exposing there behaviour other people will not use them.

Hi, I sent a letter to a DCA who have purchased an old credit card debt asking them to remove the default. I also sent solid evidence as to why the default should be removed. However, a week has now passed with no response. Could someone give me some advice on the next letter I should write or possibly a template? Thanks Eagle

Hi Guys, I had a dispute with an M&S agreement which was a very bad copy of an application form back in 2008 sending all the relevant letters etc... This is now seven years ago. M&S sent me a default notice at the time and then sold the alleged debt on. below is a time line of what happened and a few questions hope someone can help. March 2008 Disputed debt from M&S sent letter cca request (poorly eligible application form) Approx £4000 August 2008 M&S transferred alleged debt to debt collectors (Collect Direct) Collect Direct wrote threatening to take me to court - Sent them a letter explaining that the debt was in dispute and that was the last we heard from them. I also sent a letter back to M&S as they sent the same eligible application form and I stated that the account was in dispute under section 78(6) states that while the account is in dispute it cannot be enforced. Note This was the last correspondence we had with anyone todate Dec 2009 - Present Started getting numerous letters from 1st Credit (Finance) Limited threatening to take me to court to offering substantial discounts off the alleged debt received over the next few years at least once a week. Along with phone calls and texts. Also Letters from Lowell Finance & Connaught Collections Below are a few of the letters received: May 2014 Received letter from M&S stating that they have sold the debt to 1st Credit ( Finance) 4 Limited on the 25/01/2013 Received letter from 1st credit "County Court Proceedings Being Considered" July 2014 Received letter from M&S stating that they have sold the debt to 1st Credit ( Finance) 4 Limited on the 25/01/2013 October 2014 Received letter from Solicitors Moon Beever acting for 1st Credit Day later letter from Connaught Collections August 2014 Letter from Lowell Financial stating that they have written to us on numerous occasions and offering a discount. March 2015 Received letter from M&S stating that they have sold the debt to 1st Credit ( Finance) 4 Limited on the 25/01/2013 ( Cannot understand why they have contacted me now when the alleged debt is now over six years from 2008 Also they had already sold alleged debt off to Collect Direct in August 2008 which is also over six years ago and also to Lowell Financial). Also received letter from 1st Credit (Finance) Limited stating that they have assigned a debt from 1st Credit (Finance) 4 Limited. When checking credit reference agency I noticed a default from 1st Credit Limited suddenly appear which was not there last month but on further investigation found that they had lodged a default in Dec 2009 ( did not receive any Default Notice) and when I recently updated my credit file with old addresses it appeared so must of been linked to an old address. Questions 1) If a debt is over six years old and gone off my record can a debt collector still keep a default on your credit file even if the account is in dispute and now statute barred? 2) Also M&S have written to me way over the six years to tell me that they have sold the debt in 2013 to 1st Credit (Finance) 4 Limited. Are they in breach as the account was in dispute and the alleged debt is now statute barred? 3) Is there a limit to the number of creditors that can chase you for a debt? I have had 1st Credit & Lowell Financial Chasing me at the same time. 4) Can a creditor put a Default on your credit file if the account is in dispute? 5) M&S issued a Default Notice in 2008 & 1st Credit added a default on my credit file in Dec 2009 is this allowed? At no time have I received any Default Notice from 1st Credit and only recently since checking my credit rating have noticed this default. Thanks in advance for any help. Harry May

Hi all Apologies for the long post but I have been lurking/reading for a quite a while now and wondered if somebody could explain in laymans terms if there's any chance of me having a default removed from my credit file as I can't really make sense of all the jargon?! I had a student account with Santander that had a maxed out £2000 overdraft. I had been reducing it slowly after graduation and managed to reduce the limit to -£1000 with a £350 cash deposit (which was a large sum of money to deposit into the account at that time). Only a few days later I went to New York and couldn't make a payment on my current account debit card (I'd forgotten to notify the Halifax that I was going abroad) thus used my Santander card - completely forgetting that I'd actually reduced the limit after making the deposit. This transaction went through fine, shortly after I received a letter to say my interest free graduate/student account had been changed to a current account, and I needed to pay back the overdraft immediately and would be accruing charges and interest until it was paid back in full. After finishing university I was only able to find work part time at a bar. So I set up a £50 a month payment plan. A handful of times I knew I would struggle to be able to make the payment but I always called the bank to let them know either prior or on the due date to make alternative arrangements and this always seemed satisfactory. Santander have sent a trasnscript letter, outlining they would have told me at the time of the calls that it could effect my credit score but I don't recall this. I struggled to clear this account in full, and felt I had done well in doing so, particularly having started to clear the account so soon after graduation - only to find out so many months later that the account that it had been registered as a default. The only reason I am even aware of the default is because a finance company declined my application. I then used a credit reference agency (Experian) to get an explanation and the result came back that I had a default that I was not aware of. I've received a FRL from Santander instructing to go to the FOS, which I will. I'm just wondering if anyone has any idea on my chances with this one? I received no default notice, and there is no 'D' on my credit score? In fact, there is no '1, 2, 3' it goes straight from solid green ticks to '5, 5, 6, 6' - which are the four months immediately after the account closed and I had to pay back the £350 to get out of my unplanned overdraft and THEN start the payment plan. As a student who'd just graduated from a fashion degree (not cheap) on a part time bar wage I find this to be unfair treatment. My account was managed well prior to the overdraft reduction and managed well after the three or four months where I struggled when the account changed over. I don't actually know why it was changed to a current account?! The account is now settled and had been for over 12 months, but remains open (but unused). Any advice at all would be incredible, I don't really have anyone to break this down to me in layman's terms… my mum's advice was 'well you just learn about these things along the way'. Sure… one default in mum! It's extremely frustrating as my credit score is actually ranked 'good'. Many thanks in advance! I really appreciate any advice, no matter how little W

Hi All, I don't know if anyone can help. In 2009 i had a payday loan from Rapid Cash based in Manchester. My husband had just been made redundant and we were majorly struggling. In the end they lodged a CCJ against me which is for £325. I want to make them a one off offer of settlement as i need it to show as satisfied on my file for my mortgage application but i can't get hold of them !! Are they still trading and if so is there a website for them? If i can't get hold of them to pay, what do i do about the CCJ as its on there until next year and i really need to show it as paid . Any advice would be grateful. There must be other instances where a company lodges a CCJ then goes bust themselves leaving the defendant with no way of paying it off! Regards Shelley

Hi, my brother in law came home yesterday to find that a 'Removal Notice' had been posted through his door from Marstons. He is certain that it stems from some unpaid court fines from some time ago, which he admits having not paid. Long story short he was going through a very rough time then, with lots of issues but is now beginning to get himself sorted. Since the fines were issued originally he has been moving all over the country and has consequently never received any notice of intended action or chasing of this debt until this letter received yesterday. He understands that the fines need to be settled but cannot tell how much of this £1500 odd is actual debt and how much is Marstons fees. He is renting a room in a privately owned house, with virtually no countable posessions to speak of. I'd like some help with advice on the following points: Do Marstons have a right of entry given that nothing in the house belongs to him? If they turn up should he try to prevent their entry or 'welcome' them in on the basis that there is nothing in the house that he owns apart from a small crt television and a portable stereo? The owners of the house are being very supportive through this and although not in a position to pay the debt for him will not throw him out because of it. If Marstons turn up and he is not there what should they do? Is there a way for him to get this back to the courts so that he can make a voluntary arrangement to pay by installments, possibly avoiding what we think are substantial fees and charges added by Marstons? And anything else which you think he should be doing to get this resolved. I'm sorry for all the questions, but after years of worry about him it's good to see him getting back on his feet and it would be a real heartache if this sent him back. Thanks in advance. (I can post a scan of the notice if it helps)

I have a charge on my property which I have now paid in full but the solicitors dealing with it wasn't a fee to remove it starting that "only they can remove the charge". The fee involved is close to £200 I would be grateful for your thoughts

Hi im looking for some advice, a few months ago i made 3 payment arrangements with rosendales to pay my 3 outstanding council tax debts off. i was paying £20 a week as currently im self employed but only just started up im not getting money from it im having to use £20 from my £82 working tax credits to pay them, then all of a sudden i was getting letters for more debts, this was after the council confirmed to me i only had 3 outstanding debts. i cancelled the direct debits and wrote rosendales a letter to find out what is happening. its been nearly 2 weeks and i have not heard from them. this past week i have had a bailiff at my door every day but i was out working. i have never seen or spoke to the bailiff until today when i called her back as i got a letter in my post from her stating that she has booked a removal date for the 30th Jan to remove goods from my house. Now from previous experience i know they are not allowed to gain access unless they have been invited in before which she has not been invited in ever. when i called her she was rude and when i told her i was called by rosendales 2 days ago to see what has happened to my arrangement she said "well why the hell are they contacting you when its been passed on to me, they should no longer have any contact with you". i told her ill call them in the morning. ill also add that a month ago i did an expenditure form and offered what i could afford and they declined it and made a new arrangement for me which i told them i couldn't afford but they obviously ignored that and sent a bailiff out instead. im just looking for some advice on what i could possibly say to rossendales when i call them to let them know that threatening wont work as i know they are not allowed to gain entry to my property and tell them that their ignorance is not fair at all and causing more hassle than it needs to

Hi, I too have been victim of a mistake from vodafone. I requested cancellation from my account in september 2011 and received confirmation for it. I paid what i thought was my last bill in early october 2011 and moved to a new place with my partner mid october of the same year. I only found out two months ago that vodafone had logged in a default for 18 pounds!!!! which effectively prevents me from getting a mortgage. I immediately paid the amount without even discussing the why or how and was told the default would be removed from my credit files. However a few days later i realized it wouldnt be removed and someone else from vodafone confirmed it would indeed remain on the file for 6 years! I can't describe the state of distress i find myself in as i am unable to go on with my life for something that happened (or did'nt happen) 4 years ago. I can see some people had success using this forum so i hope it works for me too

Hi, I have been doing some research about removing Default Notices earlier than the six years especially if the value is under £500. Does anyone know if this can be done and if so is there a template letter on here. Many Thanks

We bought the house on a mortgage as Joint Tennants. My husband received a CCJ that was secured by a charge on his share of the property, which I understand changed the ownership to Tennants in Common. The CCJ was paid in full and the charge has been removed from the property, we have all the documents confirming this. Will ownership now have reverted back to Joint tennants or is there something we need to do to make it so. Grateful for any advice and guidance on this one.

Hello all, To get to the point I'd actually like advice on, I'll have to run through the story so far, I'll try to be as brief as possible. Around 2-3 years ago I ran into financial difficulties and began struggling to pay the minimum amount on my Amazon credit card (administered by Halifax). It didn't take long before it was referred to a DCA but, as my situation hadn't improved, I was unable to pay the amount they were requesting. After several threats of court action but none taken, I became suspicious that the debt may be unenforceable, so I sent a CCA request. At first sight their reply looked like I didn't have a leg to stand on, but after closer inspection (and research on this site) I realised that what they had sent was merely a web application, printed and signed by me, accompanied by an unsigned CCA. The DCA continued with the threats of court action but, to my surprise, agreed to my proposal to pay a nominal amount each month, which will take more than a lifetime to discharge. I guess I could have not bothered with the payments but since it doesn't impact my life much, I decided it was the best way to keep the peace. However, the subsequent default on my credit file has impeded my ability to get further credit, especially mortgages. So it was with joy that I greeted the victory of Durkin over HFC in yesterday's Supreme Court ruling. The CAG email I received this morning reports that "the judgment means that banks have a duty of care to ensure that an agreement is enforceable before they issue a default on a credit file, otherwise they are liable for damages". This has prompted me to consider writing to ask that the default be removed from my file, but I realise that if they concede, Halifax are admitting the debt is unenforceable. It may be too early to be asking what the implications of this ruling are, but I'd appreciate any opinions or advice.

Hi All, I am working to clean my credit file as much as possible over the next year. The biggest problem I have is a default from Everyday Loans which is currently with Lowells. I fell into dispute with Everyday some years ago after they were unable to demonstrate how they arrived at their figures. I have not paid or acknowledged anything to Everyday/Lowell since May 2011, but I cannot ignore the issue any further. As always it's a long and complicated story but I will try and break it down into small chunks... 1. The loan was taken out May 2009 for a sum of £1500, repayable over 23 months @ £186.09 per month, this included PPI and a "secondary loan" for life cover and personal accident cover. 2. In September 2009 I encountered a period of financial difficulty, missed a payment and then rang everyday who agreed to reduce my repayments to £163.45 per month, so a reduction of £22.64 per month. This was all done over the phone and I signed nothing nor received any paperwork. I was told they could do this as they had cancelled the life cover etc... 3. I continued to pay at the reduced agreed repayment of £163.45 per month until May 2011. I rang Everyday and asked for a balance figure as we had not received a statement from them and we were now nearing the final payment on the loan, or so I thought. 4. In May 2011 Everyday sent a statement to me claiming that I still owed £5923.85p!! I obviously refused to pay until they could demonstrate how they had reached such a figure. I also noticed that our duration of agreement had jumped from 23 to 52 months. 5. Everyday passed the debt to a DCA in 2012 (Town & Country Collection) 6. In May 2013 we received a statement from Everyday for the period May 2011 to May 2013, this detailed that we had not paid anything in 2 years which is correct, they had added on £25 per month in overdue fees until January 2012. Again the duration of the agreement had jumped from 52 months to 57 months. Though the balance had mysteriously dropped to £4607.38p I have been looking through the paperwork, but I am struggling to get my head around the figures on the original CCA. My APR calculations are coming out with completely different figures. Could someone please take a look at a copy of my CCA (attached) and tell me if it is enforceable?? Many thanks in advance for any help offered.

We bought a gas oven before Christmas which goes out after about 15 mins or so It hasn't worked correctly since it was installed . We've informed the retailer, and the manufacturer has sent an engineer twice and replaced parts under the warranty and it still goes out. We fitted the oven at our cost which was fair enough and paid for the cooker by debit card . We have rejected the appliance as unfit for purpose , the engineer they sent says there's nothing more he can do with it. the retailer has said they will refund us as neither they, nor the manufacturer can supply us with another alternative replacement (why would we want the same one again after new parts have failed to solve the issue). We've phoned them several times and feel we are being stalled and held to ransom with delay tactics . They keep trying to involve the manufacturer , but our contract is with the retailer and we've told them this . When I ring them back tomorrow I think I may be told to have the thing uninstalled and shipped back to them before I get refunded ... more delays . We've had no cooker since before christmas and don't have a microwave having to use other peoples ovens when needed. My question . I have told them we want the installation charge reimbursed . Am I correct to do this? they say their terms and conditions say they don't have to do that . if that's so you could spend as much on fitting and removal as on the oven if this is a retailers policy and you were unlucky enough to get another dud appliance and who should pay the return shipping cost ? I believe the sale of goods act says they should if it's faulty ? The problem . They have my £400, I own a faulty oven which is no use and paid a gas fitter to install. They seem to be holding the cards. This is why I think they seem in no hurry to sort this any time soon. It's taking up too much of our time now and is becoming stressful . Not to mention being without an oven since before christmas and spoiled food because the oven has gone out before it's cooked !

Hi, Im sure this has been asked so many times but, FINALLY my default drop off date has come (5th Jan 2009 was default date) How long afterwards until it actually drops off the CRA's....and does the whole credit account vanish or does the account still stay since i made the last payment on, 25th september 2011?

Hi all, I have checked my credit report and there is a BT default on there for 2011. I had to get a phone line with them 2009/2010 from September to September as there wasn't a phone line already fitted. From my memory once the year contract was up in September 2010 I changed my line over to Virgin who were providing my internet the whole time and I get to escape from BT. It shows that I was being charged after September until January 2011 when it defaulted. I have checked my credit report on and off over the years and never seen it there, I have messaged Equifax to find out when it was added to my report. I contacted them and CS told me that I had paid and closed account 18th Oct 2010. I have requested they send me all account information, including bills and payments and have been told they archive information after 2 years so it's not available. Nobody seems in a rush to connect me with someone who can get this default removed so after some googling I see I can contact the CEO. To say I'm angry with BT is an understatement, I hate the company like you wouldn't believe and they have sucked more time, money and have caused me untold stress over the years so I would like to ask for some help with writing this letter to the CEO. Surely I should be able to request the info they have about me, so I can piece it together and if they can't provide this then they shouldn't be able to write something they can't prove about me on my credit file? I am applying for a mortgage soon and this is pretty much my only black mark. Thanks all

Hi Received a letter today hand posted from Jacobs Enforcement Agents Saying pay bailiff or Removal of goods in 24 hours....Its regarding council tax I had made offers to Jacobs but they refused my 2 offers I rang bailiff and he spoke to me with a bully attitude saying he wants full payment or removal of goods.....I cant afford to pay in full I rang council tax office and they told me they could do nothing its now in hands of bailiffs. What can I do ? Will he return ? Will he take our goods ? How can I get out of this mess ? Any help/info very welcome Thanks

Hi, After a large number of set backs, I currently trying to clear my credit file and obtain a mortgage. I've just downloaded my reports and equifax, experian and have the following default. Terms 0 @ £ 0 (Monthly) Status Defaulted Current Balance £ 1,783 Start Balance £ 0 Credit Limit £ 0 Default / Delinquent Balance £ 1,783 Start Date 05/05/2008 Date Updated 17/09/2013 Default Date 21/12/2012 This is for a credit card from Capital One, I have been offered a 50% reduction by Lowells for full and final settlement but aware that it will sit on my file for six years. I have a baby on the way and a partner ready to up and leave over all the issues my poor credit rating is causing, we cannot get a mortgage or make any sort of financial progress with this default on there. I understand satisfied or not that the default will stay on the account for 6 years, I don't want to wait until 2018 before I can even think of getting a mortgage or credit again. A broker has recently advised me with a default this recent I have no chance I genuinelly feel if I don't get on the ladder now, then we never will, prices seem to just be going up and up whilst my wages don't. My questions are 1) There has never been notice of a default by capital one, they still send me monthly account statement emails and there is no reference to Capital One on any of my credit files. So can lowells issue me with a default notice, if I have not received a default notice from anybody? Surely a default from Capital One would have to exist before it is sold on? I never signed a credit agreement with them either and have no written correspondence with either party at all and have not acknowledged anything. Card was taken out on line in 2008. 2) If settled with Lowell, what strategies can I take to get this removed, I have seen SAR, CCA and sympathy strategies and templates on various websites 3) Does anyone see any leverage in any of the above? My ultimate goals are to get default removed or get date of default pushed back. I'm aware this is completely my fault and I am responsible for this situation, I'd just like any advice on how I can achieve the above. Thanks for your time, C

Writing on behalf of a friend here: Friend been overseas since 2008. Flat pretty much empty most of the time in last 6 years, just basic ticking over of normal electric supply in the flat. I have been helping with post and maintenance whilst friend overseas. Unfortunately, friend became sick and was un-contactable for almost a year. In this year, EDF kept sending high estimates. Due to my own personal reasons I missed going to the flat for many months. In this period there were many red letters and threats. When I finally read all his post I rang EDF and explained the situation: that the flat was empty, that the estimates were grossly exaggerated, that EDF needed to prevent a warrant of execution. The alleged outstanding bills were only approximately £300. But EDF would not speak to me as I am not the owner. EDF ignored my pleas. EDF then entered the exterior vaults and removed the meter. And posted a key for a pre-paid meter !! EDF continue to send bills and demands for the alleged outstanding bills and also for their charges to remove the meter. SO: Now I have a lawyer with POA for friend. Can we write: demand to know the accurate reading of the removed meter demand compensation for the removal of the meter demand the meter is re-instated It does not seem correct that EDF can remove a meter for estimated readings, which must have been so much lower than their estimates. Can anyone offer some advice here, please.

Once again I find myself writing about the serious subject of debtors removing wheel clamps. The reason for this newer thread concerns yet another legal case that led to a conviction at Blackburn Magistrates Court. With a serious criminal conviction being on the debtors history he decided to appeal. The appeal hearing took place last week at Burnley Crown Court. The case was dismissed and will no doubt be used in securing further convictions and most importantly the comment from the Judge will be of significance (more shortly). The outline of the case is as follows: The debtor; Sean Young, of Accrington had council tax arrears and received a visit from a female bailiff. The debtor refused to pay the amount requested of £430. She clamped a Volvo car - which he used. The debtor took photos of the vehicle being clamped. The bailiff left the property and returned 4 hours later to find that the wheel clamp had been removed. Mr Young then produced a vehicle registration document saying the car belonged to his mother (the press article states that Mr Young used the vehicle....possibly he was the keeper). He refused to return the wheel clamp and claimed that he was 'protecting' his vehicle. An argument broke out and it seems that Mr Young then threw the bailiff down some steps injuring her. He was arrested by police officers and earlier this year was convicted at Blackburn Magistrates Court of assault and criminal damage to the wheel clamp. He was ordered to do 200 hours unpaid work, pay £200 compensation to the bailiff, a further £200 compensation for the wheel clamp and £720 costs. Despite having completed half of his community sentence he decided to appeal the conviction. The hearing took place last week at Burnley Crown Court but his case was dismissed by the judge. Crucially, at the appeal hearing Judge Beverley Hunt stated the following: “The car was not in need of immediate protection as he had four hours to pay. He didn’t try and do it by any other means than removing the clamp. He knew of the options, he knew he had other possibilities but chose not to use them" The Judge ordered Mr Young to pay a further £225 in court costs (bringing the total amount of costs payable by him to £945). http://www.accringtonobserver.co.uk/news/local-news/man-loses-appeal-over-bailiff-7618476

Sorry about the length of this: Having recently requested a copy of my credit report from Experian, I noticed there are 2 defaulted accounts for British Gas – one for electric, one for gas. • This was my parents’ property – they had moved out and gone their separate ways and I stayed there until the property was sold in October 2008. • British Gas started the account in my name from 03/07/2008. • I didn't call British Gas to say that I was the new account holder – I don’t know who did but they got my details and the meter readings from someone. • I didn't make any payments on the account whilst living at the property but they say I registered for online billing in August 2008 – I don’t remember doing this. • I moved from the property at the end of September 2008 and they say that meter readings were given to them once again – certainly not by me! • I had no forwarding address when I left the property as I didn't have anywhere to live. • I (very stupidly ) made two payments of £20.00 on 06/03/2009 (don’t know why). • British Gas defaulted the accounts on 06/06/2009 – Electric £50.00, Gas £53.00. Firstly, I sent a letter stating the breach of ICO guidelines on placing defaults after such a long period of time and asking for the defaults to be removed as I hadn't made any payment on the accounts, but they came back saying that I paid £20.00 on each account in March 2009. I hadn't remembered this but on checking my bank statements, I can see now that I did. I then sent a letter explaining my financial difficulties in 2008 and asking, as a gesture of goodwill and because the amounts are so small, would they remove the defaults, but again they said no. I even offered to pay the outstanding balances. I sent a SAR to them, which I've just received back. There are statements dated 07/08/2008 and 15/10/2008 for the electric and gas accounts but no other correspondence from them after the October statements. There are no letters chasing the outstanding balance or saying that they will default the accounts if I don’t make a payment, and I certainly didn't receive anything via email. I didn't actually speak with them to set up the accounts, and from what I can remember they didn't send me any information stating that they report on credit files. If I’d have known this, I would've made different decisions at the time. Would going down the DPA route achieve anything – stating that I didn't know they were acting as data controller and that I hadn't given my consent for them to report on my credit file? Also, considering I hadn't made a payment from the start, July 2008 to March 2009, why did they not default the account sooner? Is there anything else I can do to try and get these defaults removed or will I just have to put up with them until next June? Thanks in advance

I live in a council sheltered housing community (1st floor flat) and have a Wasps nest in the wood cladding just five or six inches from the lounge window. When I first noticed activity I thought nothing of it, but the activity has icreased a lot and I suspect that the nest is quite large. I phoned the council and was told there was a £50 charge. The window is very large and opens on a central pivot which gives a small gap on the top and on the bottom, had it opened outward I would have tried to spray it but even then the nest must be well inside and needs specialist equipment. Does anyone have any suggestions.

My son has recently returned to live with us. It transpires that he has a court fine which he has not paid. We found out about this when he collected a "Removal Visit" letter from Collectica at his old address. He rang Collectica and offered to pay £100 (which I offered to lend him) and then further instalments. This was declined, and he was told that he needs to pay the entire amount by tomorrow morning. I told him to email Collectica to put the offer in writing - which he did. I've been reading this site for information, and it seems that collection agencies/bailiffs have different "powers" when collecting unpaid fines. I'm a little uncertain about giving them his new (our) address. Also, I have no idea what happens next. Any suggestions regarding what can be done would be gratefully received. It goes without saying that I have issued a severe verbal beating to my son, who is now motivated to deal with the situation and has hopefully learned a lesson. How can we deal with this? We can't afford the full amount of £475.00 (which includes nearly £300 of fees) at present. Thanks in advance for any advice.