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About Me


  1. I for one have had hellish problems caused by npower entering missed payments on my credit file, on and off like a yoyo and this has caused my mortgage applications to be declined more than once. I consider this to be extremely serious. Please contact me if you would be interested in taking out a class action lawsuit against npower to seek compensation for all the problems they have caused and laws they have broken. Whilst I have already provided extensive details of my case to The Information Commissioner, The Energy Ombudsman, The Financial Ombudsman, Experian Credit Agency, they either fail to respond / take any action / blame the other party. npower's obvious wrongs are as follows: failure to issue a contract preventing me change suppliers for a better tariff failing to notify of direct debit changes failing to notify credit file entries wrongful entries on my credit file - twice, and for incorrect amounts failing to provide bills on time failing to respond promptly to letters failing to bill the correct amount harassment by debt collection agencies And that's just for starters. Please contact me if you'd be interested - thank you.
  2. Apologies if this is a regular question ... I took out a series of PayDay loans in Apr-July 2012, rolling over each month with the same company. Eventually I got the bank to issue a new debit card (said I had lost old one) to break the CPA and default the loan. After several difficult phone calls I got them to agree to a DMP where I paid off the loan in £10 installments per month, which I have been doing ever since. Now my credit file lists these payments as against a regular loan - an 'Advance against Income' . The loan is dated as starting the day I failed to pay my rolled over loan, with a complete (though occasionally inaccurate) list of my monthly payments. Regarding the credit listing surely this is not legit and the loan should be marked as defaulted? I had not been concerned too much until recently when I found this is messing up my application for a mortgage (overall my circumstances are better now). I want to get this 'loan' taken off my credit file or at least marked as a default against the original, which would be far less toxic than the current situation. Can anyone comment on the legal situation here and can I quickly force them to mark this as defaulted (around Aug 2012). deed can I make a complaint against the PDL over the rolled over loans, no credit checks taken ( I was in arrears on my Mortgage at the time) even though this is all before the new FCA rules, and include this demand as well? Thanks in advance for any advice, I appreciate your efforts.
  3. Well, it's been a while since I've been on here. it was thanks to you guys on CAG that turned my life around in 2005/6 and stopped my stupid spending/credit splurge. I sent the prove it letters to my creditors and that was that. they screamed, shouted and yelled. threatened allsorts, but I stood firm and in the end the debts have fallen off my file. so they can 'nanas for it now. (still get the occasional letter asking me to contact them to discuss payment terms - yeah right) but anyways - hi everyone! I posted this on the Facebook group, and after a few replies and digging a bit , it was suggested I post it on the main forum pages for more thorough advice. So here goes. Once the date passed for the debts I talked about above to drop off my file, I got on to Experian and Equifax and got hold of my file. at the time. I thought to myself. heck. that'll be enough. Sure enough. I was debt free (in the eyes of my file anyway) so I left it alone. Few years ago (2012 ish) me and the OH decided we needed a loan to wrap up a few debts that she'd got before we met and to make life a bit easier. I'd been knocked out of the work market by a broken ankle that didn't heal properly and was on DLA at the time. She got refused as we'd had a few problems in the while I was off. So I thought. let's use my nice fresh credit file! result (ok so we embellished the application forms to make it look like I was earning) - refused I put the refusal down to income, but it didn't help our financial problems. So out came the payday loans. Soon we were borrowing from one to pay the other. And then my DLA stopped despite me not being able to work. I wasn't eligible for benefits as the OH was earning too much. so we spiralled. I've ended up with 4 defaults on my file again. and the OH had a handful too. So here comes the kicker. being the 'old hand' at the debt game that I am, the DCA can't frighten me. They keep hitting a dead end with their threato-grams So I decided recently, out of curiosity, to sign up for Noddle, since I could get my credit file for free. Of course, this would be the first time I've ever had my credit file from Callcredit. I get my gile and what do I find? In July 2011, 1st Credit created a link between me and someone else with the same forename, surname and DOB as me, but they are from Romford Essex. I'm from Sheffield - lived here all my life. never lived anywhere else. The difference is, my middle initial is L and this guy's is P on my file now is this other guys: Full name, Address DOB Mortgage and Mortgage account details + history His personal bank account A CCJ he received in January 2011 So no wonder I couldn't get credit. I've asked Callcredit to remove the address, name and accounts but they have so far refused citing that there is a proven link. I've sent a rather strongly worded email suggesting that I could report them to the ICO for a breach, not sure if that is right so what now? any suggestions? (sorry for the long rambling post!)
  4. Evening all, I was hoping for some opinions on a recent complaint to HSBC over mistakes they have made with reporting incorrect information to the CRA's. I took out this loan (£60,000) in 2008 to pursue my dream job as a commercial pilot and despite passing all the training, the economic downturn in 2009-2010 led to my redundancy in 2013. The loan was set up based on my expected salary with the company I was sponsored by and the monthly repayments were £939/mnth. Since the redundancy it has been difficult to keep up with payments and i've tried my best to communicate with the bank and request help but to no avail. In August 2014 the balance of the loan was just over £30,000 and after trying to grow our business for some time, payments were getting tight. My resolution was to finish the refurbishment of a property we had bought and refinance it to release enough equity to clear the loan. The figures made sense and there was no reason we wouldn't be able to do it. I contacted HSBC and explained the situation and that I need some assistance to get through the few months it would take to refinance the property. After several heated conversations they finally agreed to put in place a reduced payment plan but I was advised that I would have to let the loan fall into arrears by 2 payments in order to implement it. The agreement was for 12 months and providing I made the reduced payment, my credit file would be frozen at 2 missed payments throughout. I discussed this with our mortgage broker and he in turn approached the lender to explain my circumstances. They advised that because there was a history to the situation and I was in this position due to the economic downturn and not through irresponsible spending, they would consider an application with the 2 missed payments on my file and didn't see that this would prevent a mortgage being agreed especially since the property was very comfortably covering the expected mortgage payments. We applied in December 2014 and early into January 2015 I was advised that it had been declined at the initial stag due to credit. I queried this with the broker but the underwriting department would not clarify why the sudden U-turn. Now under time pressures to refinance the property (we had a private investor to pay back too) we were told that our only hope was for me to gift my equity to my father and for him and my partner to apply for the mortgage whilst I resolved whatever was happening with my credit file. We did this but due to my fathers limited experience as a landlord, we were only offered a sub-prime product which we had no option but to take. This allowed us to repay the investor but didn't leave anything to pay off my loan. I downloaded a copy of my credit file to make sure everything was as agreed and to my surprise, I found that HSBC had not honoured their end of the agreement. My credit it file had continued to accrue arrears and was now showing as borderline default. No wonder the mortgage company wouldn't even look at my application, it made me look an idiot after explaining that it wouldn't get any worse than 2 missed payments. I complained to the bank and explained that not only was I now unable to pay off the loan but it had cost me around £15,000. This was made up from a capital gains bill from transferring equity to my father, increased fees and interest on the sub-prime mortgage and astronomical early redemption penalties to get out of the mortgage down the line. After many weeks they eventually agreed they were at fault but then tried to wriggle out of it by saying that I didn't give them adequate time to resolve the issue before going ahead with the equity transfer and sub-prime mortgage. They offered £3,000 in compensation to be taken from the arrears that had accrued. I politely declined and explained that I would refer to the Ombudsman, which I did. Whilst this was happening, they again reported incorrect information to the CRA's and this was picked up when we were declined a bank account for our Ltd company. I immediately notified HSBC and they apologised, promising to fix it. This has meant we cannot begin trading as a ltd company and we are therefore at increased personal risk until this is resolved. Added to all of this, the payment plan which was agreed for a period of 12 months was removed early and with no warning or communication. I received a call on 18th September advising that it the bank had decided to remove it at the end of August (conveniently as I had taken my complaint to the Ombudsman). I was advised that as of that date I was 2.7 payments in arrears. I never received any letters or warning that this was going to happen. I frantically tried to raise enough to make a full payment before it jumped to 3.7 missed on the 24th Sep. I couldn't manage a full payment so managed to keep it at 2.9 by paying 0.8 of a payment and in October as things became tighter still, I only managed 0.2 of a payment leaving me at 3.7.... or so I thought. I then received a default notice stating that I was over 4.5 payments in arrears. I immediately contacted the bank who explained that it had been sent in error and they would look into the arrears and let me know. They then reported that 4.5 was correct which means that the payment plan had to have been removed earlier than they told me it was. To keep this as short as I can, I today received a letter from the Ombudsman explaining that they have found the bank at fault on several things over the period of the loan. They have suggested a further £200 to compensate me for the inconvenience, financial loss and stress over the past 12 months!! I find this a joke considering that I am now over £15,000 out of pocket and it's almost certainly down to the string of mistakes made by HSBC. I have thought about small claims court but i'm aware of the risk if I don't win. Is there any other avenue I could go down? Thanks in advance if anyone reads this far, your advice or thoughts are much appreciated. Best wishes Richard
  5. Good Morning all, I am wondering if you can help. My partners ex has only been paying CSA for the last 2 yrs after 14yrs of none payment. (He abandonded her after finding out she was pregnant.) He got away with not supporting her mainly due to threats of violence and intimidation. I then came along 2yrs ago, reassured her and advised accordingly that many of these type of bullies never actually follow up on these threats. It is purely intimitation.As predicted, her ex, stuck his tails between his legs and started paying as soon as CSA made a claim against him. However, recently he quit his job after 20+yrs in the Police Force and alledgedly wrapped up his part-time small business which we understand he is now running a bit more, but for CIH. As such he claims that he can no longer afford to pay her CSA although he has his Police Pension. Now his son is 16 and still in full time education. He should still be paying CSA surely. Just because he quit his job, the CSA claim he can no longer pay. Can we make a claim against his pension or any other means? I am only chasing this up as my partner still fears him, and well frankly I think the guy is a bully and got away with it for far too long. He wants nothing to do with his son and we have since found out that he may also have a daughter of the same age. Meaning he got 2 women pregnant at a similar time. All in all a nasty piece of work. My question is this, is there a way we can get the CSA to enforce a payment against him or even enforce a default or similar on his credit file? Any advice welcome.
  6. A 'default judgement' was made against me after I had disputed a supplier's invoice at work. The supplier took his anger out on me when I would not authorise payment and wrongly named me as a 2nd Defendant in his online Money Claim. This became a huge problem for me because he had used a 4 year old address of mine in his claim. I received no papers and had no opportunity to defend the claim. Judgement was made 'in default'. I became aware of the judgement through 'checkmyfile.com' 3 weeks after the CCJ was ordered on 4 April 2014. I applied to have the judgement 'set aside' and sent a cheque for £80 to pay the fee. One month later and after numerous calls to the Salford court admin centre, I finally found out why nothing had happened. The fee had risen from £80 to £155 whilst my application was waiting to be dealt with. I paid the new fee by card and the hearing took place at Chester County Court on 8 July 2014. The Judge was great and not only had the judgement 'set aside' but made the Claimant state 'on the record' that no claim existed and, accordingly, he ordered that the judgement be 'struck out'. I asked when this would be updated on my credit report. The Judge answered that he had no idea as his Order would remove the judgement from the registry and they did not deal directly with the reference agencies. I immediately contacted the 3 main agencies with a letter and a copy of the 'set aside' order. Within 48 hours, both Experian and Callcredit replied and confirmed that they had already removed the judgement after receiving an updated register. However, Equifax continued to report the CCJ as 'live'. Checkmyfile.com promised that they would speak to Equifax on my behalf. I had to pay their subscription first. It's only £7.99 but I paid only for this purpose. I have received 6 replies over the last week from checkmyfile.com. The replies are all from different 'credit analysts' and all have different information and advice. None have helped in the slightest. I find it hard to believe that these are REAL, EXPERIENCED credit analysts as their understanding is very limited and, in most cases, their advice plain wrong. I have been told that 'Equifax need a 'Certificate of Satisfaction' from Northampton' and 'Equifax won't accept the 'General Form or Judgement or Order' and need a stamped 'certificate''. I have explained that the Order that Chester Court sent to me IS stamped and sets out exactly what the Judge said in court on 8 July 2014. The judgement is set aside and the claim itself is struck out. The claim NO LONGER EXISTS as it has been struck out and deleted. Therefore, how can I 'satisfy' something that does not exist? And why would I want to acknowledge that there IS a claim by asking for a Certificate of Satisfaction? I need to know why Equifax have not removed the judgement from my file just as the other credit reference agencies did when they received notification of the court Order to 'set aside'? I need to get this judgement removed quickly as I will not pass a landlord's reference check otherwise. Please can anybody advise me as to the best way to approach this problem? I should be most grateful for your direction on this matter. Finally, am I alone in thinking that 'default judgement's' are ordered far too quickly. Anybody can make a claim and if they knowingly use an old address, it is 99% likely that a judgement will be made 'in default'. The Judge at my hearing was angry with the Claimant and actually said that his actions were 'reckless' but nothing else happened. I have had to spend £155 for the application fee and I have wasted days and it's STILL not sorted out. Surely the system needs amending here?
  7. Hi I have red trough the forums and hope to find a solution. In summer 2012 I had a major surgery and was in an out hospital. Being alone I missed some payments to EON. I have tried to ask them as a gesture of good will and was prepared to send them proof of my surgery. They replied politely that the snwer is now they will not remove the 2 late markers from the equifax file. I am however confused as the account was in order prior to June 2012 there were no records from EON on equifax at all. The moment the payment was late they placed the red mark. Also I remember seeing a letter when I was out of hospital in the autumn advising that a default was going to be recorded and by than the debt was settled. So all the months before June 2012 when payments were made were not recorded in green and than they start with a red mark? That does not seem right to me. From my understanding I will have to cancel my contract with them in writing, move to a different supplier and than argue with equifax to remove the late markers? Any advise much appreciated. EON has made it clear they will not remove them and I am now getting declined for mortgages I apply for. Anything else on my file is good.
  8. Hi All, Apologies if I am repeating a previous thread but I am after some urgent advice. I have 4 DCA's that I was dealing with through a DMC. I have a lump sum available and have stopped using the DMC now and have been talking with the DCA's directly, I have came to agreements of partial settlements with 2 of them but as of yet I haven't paid anything to them. I have been reading these forums and realise what I should have done is send a CCA request to them all before arranging partial settlements. My question is what happens if it turns out they have no legal right to collect my debt, the debts are no longer on my credit file. Can I simply refuse to pay them and write the debt off? Thank you in advance, Mike
  9. Hi all, Apologies if this question has already come up, I searched for a while and couldn't find anyone posting the same thing. Over the past few months I have been trying to get old default notices removed from two accounts I have - one with HSBC and one with Natwest. I have been going back and forth by post, asking them to demonstrate they gave me the appropriate warnings of the defaults being added (as per section 78 of the Consumer Credit Act) and I have requested information under the data protection act. HSBC has subsequently come back to me with an interesting defence, which is that these aren't actually 'defaults' on my account, but rather late payment notices, and as a result they had no requirement to warn me in writing that they would be added to my credit file. On closer examination of my file, it turns out that these are indeed late payment notices and not defaults. A couple of questions then: 1: Are late payment notices not subject to the same written warnings that defaults are? 2: Are there any strategies members have used to get late payment notices removed? Thanks for your time, OS
  10. Hi ive recieved this today and its a little worrying so was hoping someone can advise on what i can do. ResolveCall. Dear sir/madam despite several attempts we have been unable to contact you to discuss the above Scottish power energy retail limited account. this being the case, we will now apply to the local magistrate for a warrant of entry under the rights of entry (gas and electric) act 1954 one of our agents from resolvecall will attend dudley L.J.A magistrates' clerk's office, the inhedge, dudley dy1 1ry on the 28/1/2011 at 0915 hrs. in order to obtain the warrant, you are entitled to attend. once obtained the warrant will enable us to lawfully access your premises in order to disconnect your supply, the warrant will be executed within the next 28 days, all related costs including locksmith charges are payable by yourself and will be persued along with the outstanding debt. these costs will be a minimum of £275. should you have any queries regarding the warrant application or any other issues please do not hesitate to contact 0844 257 8535 yours faithfully june hart
  11. I'm not happy with the marketing Wonga have used saying credit files would benefit users if accounts were maintained. My credit file from Equifax is clear but Experian has 14 loans over 12 months. I believe there is no court in the country that could say other lenders would not view (using their computer system assessment) that this shows only a credit risk contradicting Wongas claim when compared with a similar credit card account. Wonga continued to lure me into using their service with ongoing emails and advertising and I believed, as they said, I was boosting my credit score. Now with a £10k deposit I cant get a mortgage on the £125k house even with the governement backed deposit scheme and the advisor says it definately too many loans over a small period of time. My capital one card has has similar activity and is not judged in the same way. Is it unreasonable to ask them to consolidate their entries? I think this is the least they can do.
  12. Safeloans have been one of the worst in my experience at leaving a footprint on credit files, after much tooing and froing i've received confirmation that all loans were made on a 'running' contract basis up to May 2012 when they apparently switched to a fixed sum loan agreement. What this means in practice is that if they left multiple entries on your credit file pre-May 2012 you can rightfully ask them to consolidate it into one entry. I believe that as i had a single account number and a credit limit for applications that all loans were essentially a revolving credit agreement as they didn't do any further credit checks so i'll be pushing for the post May-12 entries to be consolidated too but thought just having that first part at the moment would be helpful to some...
  13. Hello, Im hoping I can get some advice on this situation as it's crippling me! Not used CAG for a while so please accept my apologies if I'm in the wrong area. I had/have a Halifax One credit card which I ran perfectly until late 2011. My finances took a huge turn for the worse, something had to give and I was unable to pay the bill for two months. In the third month I contacted Halifax, went through a statement of means and was offered an arrangement to pay totalling £40 a month. I made the first payment by debit card and set up a DD for the others, which have been paid religiously every month since. My account (without my knowledge) was immediately passed to Apex Credit management, and since March 2012 has had a default code 8 registered every month since. I've tried looking at the ICO guidelines on defaults and as far as I can make out the definition of a default is 'a breakdown in communication', which seems odd to me as the first 8 was recorded two months after I'd made contact and a month after I'd made the first payment. It also states that the standard practice time lapse for the application of a default is six months? At no point did I receive notice of any default action and at no point was it explained to me that my account would be moved to a third party. It was defined as an 'arrangement to pay', and that's subsequently what I thought it was until I looked at my credit file three days ago. What I'd like to know is; Should an arrangement to pay notice not have been logged on my credit file and should I not have received notification that my account would be defaulted? I'd NEVER have entered into the agreement if I'd known - I'd have begged or borrowed to get myself out of the situation but this was offered to me under the guise of a way to help then seemingly thrown out of the back door to a debt collection agency.... It's hugely frustrating as I'm in the process of trying to get a mortgage and every other aspect of my file looks great. It's as if I'm being held to ransom by this one issue. I've contacted Apex, who told me that they only administer the account and pass information back to Halifax, who in turn update my credit file. Twice I've been promised a phone call back which has never materialised, so I thought it might be worth trying to get some advice on here. Surely this can't be standard practice? Is there nothing I can do about it? Many thanks for reading
  14. Hi Guys, Good evening. THis is my first time on the forum so appologies if I dont make anything clear here. I was wondering if someone could advise me on how to get Vodaphone to remove a default from my credit file that they have put there totally unfairly. I had a mobile broadband account with them that I opened in 2006 and paid for monthly at £16. I then closed this account with them in 2010. At the time there appears to have been some confusion as to the end date of the contract. I was told that the last payment would go out and I could cancel the direct debit. I did this but for some reason Vodaphonbe continued to try to take the DD the following month. Unfortunatly I had moved house and the account was still registered at the old address and hence I did not hear anything form Vodaphone. Once I realised the problem via my bank, I then contacted vodaphone on the phone ironically. After some debate I accepted the extra charge and payed the amount outstanding being £50 in full. I then forgot about it and moved on as you do. I am now trying to buy a house only to discover that Vodaphone have placed a default on my account listing the balance etc ven though I have paid this off. It is preventing me getting a mortgage even though I have a really good credit rating in all other respects. I am desparate to get it removed. I have written a letter to Vodaphone customer services stating my case and asking for them to action some form of removal or even send me a letter explaining what had happened but all I have had is an email saying they have recieved my letter in effect. I have also tried a number of time to talk to someone at customer services and they say they have escalated it to the 'quality assurance team'. and that it will take 5 days to action. They wont tell me any more than this, and even though I ring almost daily, all I ever get is an answer that it is being looked in to and it will take 5 days to get back to me. It has been weeks now. At this stage I am absolutely at a lost as to what to do next and I am desparate to fid a way to fix this. I really feel as I am sure others on the forum have felt that I am being treated unfairly for somehting that was a simple mistake/confusion. Any help that anyone can give would be greatfully appreciated. Thanks a load Andrew
  15. I started checking my Experian and Equifax Credit Reports and a County Court Judgment from 2009 shows up. However I know nothing about this judgment! I certainly didn't receive an 'invite/letter' to appear in court (whatever the technical term is!) The address shown on the judgment is incorrect. It shows 111C John Smith Road, whereas I lived at 111D John Smith Road. Would this invalidate the judgment? Should I contact the court and ask for the judgment to be removed/suspended, or should I wait to see if they try to enforce the judgment (which they haven't yet) and then start the refutation process?
  16. Following the sage advice from a couple of experienced Forumsters, I got a copy of my credit file from Experian. Bizarrely it only shows that I have 4 historic credit accounts. All of which are in 'default'. Although that sounds bad, I thought it would be a lot more. I have been paying into a MyVesta DMP for about 6 years. Recently though, several lenders have contacted me to pursue full and final payment of their debts. I think this may be due to the dissolving of MyVesta, and the fact that no one has been forwarding my payments on. So, my question is: If I receive a letter from someone claiming I owe them money, but the debt does not appear on my credit file, what should I do? Do I ignore the letter, or do I respond saying 'prove it?'
  17. Hi All, I went bankrupt November 2008, i included all my debts and everything went fine and i was discharged in November 2009. I had a loan with Lloyds Tsb for about £6000 which was included in my bankruptcy and this was marked as satisfied/settled on my credit files. However i recently checked my credit files to do a clean up and discovered that there was a company on my credit file, TTI SPC, which i had never heard of but the account number and amount owed were the same as my Lloyds tsb loan. I contacted Lloyds who have said that their credit file was correct and that they had passed my account over to Groves who wont contact me for payments,etc. I never received any correspondance from Groves or TTI SPC. They have defaulted me from November 2008 to now. Anyone had any dealings with TTI SPC? Thanks.
  18. Good Morning, I am after a bit of help, as I am now getting worried. At the begining of this year, I received a letter from Rockwell chasing a debt for their client (arrow global limited) that was for an original creditor (HSBC Bank). The amount was for just under £5000. I received 2 further letters from Rockwell, and then in March I recevied one from Fenton Cooper, who i beleive are the same company. I have a credit report from Experian from September 2011, and there is nothing on there about this debt I have a couple of small defaults on there that have a status of 8 but the balances have been satisfied (so I guess these will just drop off after 6 years?) and then the other items on the report are my active accounts. There is nothing on there for HSBC, Arrow, Rockwell or Fenton Cooper. I did have a HSBC account years ago, but nothing would have been paid on it or any activity for 8 or 9 years. I am pretty certain that this debt is Statute Barred, so is unenforceable? Should I fill in the defence form? what is the the correct wording to use, and do I need to only send the defence form back or do I also need to write to anyone else? the issue date of the claim form is 18th June (I received it yesterday) so I need to make sure I get it replied to in time! Thanks in advance.
  19. I'm new here and hoping someone can help me. In august 2005 i got into debt problems and stopped paying my credit card and bank loan both of which were with the same bank. Last payments were made in July 2005, recently on checking my credit file I noticed that 1st Credit have logged a default on my account and all the info is wrong!!!!! They state the account as started (i'm assumng this relates to the bank) in October 2005. And they have logged the default date as November 2010. I have not kept any paperwork relating to these dates but can catagorically confirm I have never spoken to either a bank or a DCA in the last 6 years and I have sent no letters to anyone relating to this.. . I have over the years received letters relating to this but I sent them back. The Debt is now 7 years since any acknowledgement and payment was made. Also today I have received a letter from Ruthbridge asking me to contact them re a personal matter, I am assuming it is over the same thing as this is the only debts I have never paid. I am and will ignore this letter. What I need help with is I want this removed from my credit report as it is all incorrect. Does anyone know how I go about doing this? Thank you
  20. hey, thanks in advance for any info, I have an orange mobile contract on my credit file showing a default and settlement, the problem is that it appears twice! (well, kinda twice.. it looks like I've had two contracts but the second has no start or end balance or settlement) could I get this removed from my data file? also I have an old Tmobile contract which there was a bit of a mix up over (they ended up owing me £45!) but for a while there was a dispute and I ended up with a bill of £400 which shows up as a default and settlement.. is there any way to remove this too. . I've three settled accounts now on my file! which is good.. but lots of red.. which is not so good.. (there is an ancient virgin account where I owed them £120 showing as a settled default too on there) I'd love to get these got rid of if it's possible.. but I'm not even sure where to look.. or if I can actually do this!
  21. If any1 could give me some pointers on what they think of this letter and any suggested improvements / laws and legislation i can quote or things to add / remove to give it weight I would be hugely grateful! I am looking to dispute a mobile agreement which was mis-sold and get some money back / hopefully get my credit file ammended Thankyou __________________________________________________________________ Account No: ****** Re: Mis-Selling Complaint & Notification Of Intended Legal Action __________________________________________________________________ Summary Dear Sir / Madam, I am writing to you with relation to a complaint with regards to a FEAST mobile phone staff account, taken out with you, whilst in the employment of Vodafone Retail in 2009. The complaint detailed below specifically revolves around the mis-selling of this contract, the recording of data of my credit file, and the associated monies incurred to settle this account - the validity of which is fully disputed and has now been paid under duress. I intend in this letter to detail the points of my complaint specifically and the circumstances around the creation of this account, how it was sold and the illegitimate monies I have paid to bring this matter to an end. This is not the first time I have discussed this account with you and did so nearly 2 years prior, denouncing my liability to accept the contract you allege I entered into and the acceptance of any terms and conditions. Since then the account was passed to a DCA (Fredrickson International) and the alleged debt has been paid in full - including a referral charge of £100. Now they have been paid (once again, I stress Under Duress) my full intention is to challenge the validity of the debt, the agreement and the terms and conditions implied to be agreed to. My intent is to re-claim the disputed costs paid on this account plus associated costs for damage to reputation and feelings, if necessary through the courts, from the damaged entries placed upon my credit file. Please Accept This As A Letter Before Action. __________________________________________________________________ Facts Of Account The account was opened over the phone with the Employee Accounts Team, shortly after joining Vodafone Retail as an employee. The account was described as being a benefit to me, as an employee, by the employee accounts team, with no credit check. There was no mention of any minimum term, or condition of return of the handset chosen to accompany the feast account. The employee account team member explained nothing more than the inclusive minutes, texts, etc and a monthly charge. No agreement or terms and conditions were supplied either by email, post, fax or verbally explained at any stage, either immediately after entering into the agreement or at any point thereafter. The handset was delivered to my work address by courier, with no documents in the box to highlight the points of the agreement that accompanied the FEAST account that had been opened - again with no mention of its conditional return should I wish to leave the employment of the company. To my knowledge and with no information to the contrary (as the was described as an employee benefit) the handset and tariff supplied to me was without commitment and without condition, to me the employee, from Vodafone, my employer. I did however understand I would be required to make a small payment towards the monthly running of the account, whilst with the company in their employment and this would be taken by direct debit. I used and continued to use the handset whilst in the employment of the company and left a short time after joining, paying my contribution towards this “benefit” whilst there. After leaving the business, some short few months after joining and accepting the FEAST “benefit“, I had no reason to believe I would be charged anything further or had a liability to pay any further changes or costs. My full understanding was the handset would be mine to keep and the account disconnected as no longer in the employ of the business. I had no reason to believe; any further invoices would be sent, I had to cancel anything (as no one ever told me or wrote to me, or supplied a copy of a contract, or terms and conditions to state otherwise at ANY STAGE - including bills) or return the FEAST handset. Actually, I had no idea you were even writing to me to tell me you were continuing to bill me as I moved address shortly after leaving, and as there was no agreement to continually supply service past my leaving the company’s employment - why would I have written to you to tell you of this move in any case? After checking my credit file sometime later and noting you had defaulted me for the sum of £124.84 on 27/05/2009, I made contact to understand what had gone wrong. After speaking to a Team Manager who investigated the matter over a number of weeks, I was informed the debt would stand and it was being passed to a DCA, despite disputing I had entered into a contract or accepting any terms and conditions. I then began receiving letters and calls from Fredrickson International / Bryan Carter Solicitors LLP, acting on your behalf to recover the alleged sum of £434.84 plus an admin cost of £100, taking the total sum to £534.84 I challenged Vodafone when I disputed this 2 years ago to supply a copy the recording of the call I placed when creating this account with the Employee Accounts Team which you admitted could not be supplied. I further challenged Vodafone to supply a copy of the agreement I entered into and the associated terms and conditions I had agreed to, which I still challenge you to prove, beyond reasonable doubt. After attempting to resolve this with you directly, I was offered a reduced settlement on the account, as the original debt of £124.84 had spiralled to £434.84 with an additional fee of £310 being added to the account, since defaulting of the original balance. This was explained to me as a charge for non return of feast handset / services planned to be provided over the apparent term of the contract I had allegedly agreed to. The company’s standing at this time was the debt would be fully pursued until paid which it was and the company would not accept that I had been mis-sold to. Threatening letters of legal action etc and hounding to pay this debt eventually made me cave in and broke my resolve. Under Duress I began to pay the full amount of £534.84 to your agents Fredrickson International / Bryan Carter Solicitors LLP by way of instalments on the 2nd October 2010, and completed the agreed payment plan with them on the 13th June 2011, paying the balance off in its entirety. Vodafone updated my credit file, acknowledging I had paid this disputed balance and associated default (marked as satisfied) on the 6th July 2011. __________________________________________________________________ Nature Of Complaint I have paid a debt back under duress of £534.84, with at the least the disputed sums of; -£310 applied as a charge to the account -£100 referral fee to DCA No agreement was entered into, supplied, informed or documented between both parties. No terms and conditions were agreed to at any point nor supplied or agreed to. Despite no agreement being in place, or terms and conditions accepted (which have not yet been proven beyond reasonable doubt) you have proceeded to allege and enforce this debt through your collection procedures. The member of staff over the phone at Employee Accounts mis-sold this agreement by not highlighting any main agreement points, such as term of agreement, or return of FEAST handset. - Again I state, you have been challenged to produce a copy of this call to prove they did, which cannot be produced, as you previously admitted. Despite asking for undeniable proof I knowingly entered into this agreement, with all the facts you explained the terms of the agreement I entered into, the only information I have not been supplied with a true and certified copy of the agreement, any proof I agreed to the terms and conditions or proof of supplying them. The only information EVER provided to me, was when first complaining, an email with some of my personal details typed into the body of that email (deemed by you as an agreement) and a copy of your general terms and conditions for the FEAST account. At the time I denounced these as non credible proof of an agreement or proof and still do. I never received or was sent a copy of the agreement you allege to be binding and hold, nor a copy of the terms and conditions, nor was made ware of them or had the chance to study. You deemed the terms and conditions had been read and accepted as a tick was marked on the account to show this was the case - As the agreement was taken out over the phone, this was never the case and is fully disputed. I did not specifically agree to the sharing of my data with any 3rd party organisations, including credit reference agencies, which you have done so, in both reporting data to my credit file and unlawfully passed my account to a DCA, with no agreement in place to pay you any charges. You have damaged my reputation by placing a default marker and negative payment history on my credit file, making it harder for me to obtain credit and as a direct result of this action has cost me unnecessary monies, which would not of otherwise been paid to creditors in interest, from my credit purchases, since the time of recording the negative information to my credit file. A prime example of the results of your action has been a car purchase of 4 years at an APR of 28.9% - accumulating in some £14,000+ in interest payments alone over the life of the loan. Not only this, as a result of your actions, I have recently been declined for a mortgage application and furthermore a job offer, which was subject to satisfactory credit check. __________________________________________________________________ Action Needed To Resolve This Issue Return the sum of at least £410 from the original alleged debt and monies now paid to you, comprising of £100 referral fee to your DCA and £310 disconnection fee. Pay the reasonable damages towards the increased costs of all credit obtained since the date of your default notice appearing on my credit file Remove the entry to my credit file in its entirety as an unlawful entry, in violation of the unauthorised sharing of data with 3rd parties, under the DPA 1998. You have 28 days to comply with points 1 & 2 or return your final position on this matter, pending the commencement of legal action.
  22. I received a letter a few days ago from dlc in regards to i think a lloyds credit card/overdraft not sure which, when i initally defaulted i contacted them straight away to arrange payments. The debt got passed on to apex at the time i was only paying token payments then of £1, a few years ago i decided that i needed to start and sort out my finances as i hoping to be able to buy my home, but when i contacted apex thet said they had no info on me. So i stopped paying and i've heard nothing since until now.......In the letter i've received they State " We have taken action to investigate your situation. Part of this involved obtaining information from the credit reference agencies regarding your financial circumstances. As a result, we have established that you may be in a posistion to clear this debt". How could they of come to this conclusion? my credit is no better now than it was years ago, other than there is no missed payments for anything other than the debt from 2007 Lloyds loan £5500 (in think is with debt managers) Lloyds c/c £1025 Lloyds o/d £1000 monument/barclaycard £464 (have never heard anything about this but it is on credit file) cap 1 £518 (cabot) Barclaycard £2519 (lowell) written off due to no cca in the letter they say the balance is £1035 I really need to get my credit file cleaned up in the best way possible for the smallert debts i may be in a postion to offer full + final settlement offers, is this the best thing to do or to fight and try and have them written off instead? or claim interest back. Then loan was for £4500 and i had made payments of £115 roughly for about a year. Sorry about the waffle, any help with anything would be very appretiated.
  23. I've finally managed to muster up the courage to try and deal with the fallout from my idiotic youth and I've started by checking my Equifax file. After reading the information on this forum I believe that there are a few things on my credit file that shouldn't be there ( I want to deal with them one by one as this is incredibly stressful for me ). Can someone take a look at this and advise how I should proceed? From my Equifax file:Link Financial (Student Loans) NamexxxxxxxxxxxxxxxxxxxDate of Birthxxxxxxxxxxx Terms 0 @ £ 0 (Monthly) Status Defaulted Current Balance£ 4,592 Start Balance£ 0 Credit Limit£ 0 Default / Delinquent Balance £ 5,360 Start Date 20/04/2000 Date Updated 21/04/2010 Date Last Delinquent 08/04 Date Satisfied As I understand it, this shows that the account was placed in default in August 2004, and therefore it should of dropped off my credit file by now. However, I'm confused by the 'Date Updated' - does this mean that the clock has been reset and I'll have to wait until 2016 for this to come off? If anyone can give me some constructive advice then I would be incredibly grateful, as I said, this is a very stressful thing for me to deal with and I've tried to have a crack at this before but it got the better of me:mad2:.
  24. I have just started to get a grip of a huge debt problem that I buried my head in the sand about a few years back. As part of this process I had signed up with Experian to get a copy of my Credit File. (found it amazing what counts and what doesnt). Anyway. I defaulted on a HBOS Preference Card Account at the start of 2007, with a credit limit of around 10k. (all three have the start date of 18/4/97) so I know they are the same account. looking at my credit file I have three entries for the account, Two are marked as Settled, with the third being in default. The first two entries are at my previous address, with the third (defaulted) entry at my current address. First two have settled dates of the 3/9/2006 & 14/5/2006 accordingly. Credit limit and everything else is the same. the last entry, has credit limit (history) of 10k, current balance at 11k, and the default date of 3/4/07 (which is correct). Can anyone explain why I have multiple entries? is it a good or bad thing on my rating / history? Other than pay the one in default should I do anything? Thanks Kev
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