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  1. After checking my credit report in March this year i discovered i had a CCJ on my credit report. I knew this could not relate to me as i have never deafulted on any account i have had, next step i took was to pay the fee for trust online to get the details of the CCJ. The details showed that the CCJ had been issued by Volkswagon Finance, i have never had a car on finance i knew it was wrong. My credit file stated it was for another person with the same name and DOB as myself , apart from he has a middle name and i do not. Next step sent a SAR to Volkswagon Finance, and this just proves that they do not carry out checks properly, they sent me the SAR request and everything i received was relating to this other person, nothing relating to me at all. Now i have this other persons bank acc number, sort codes, drivers licence,email address, and every letter/email/court proceedings. I am now stuck at what to do next with this case so any help would be appreciated. https://www.consumeractiongroup.co.uk/forum/showthread.php?488056-Barclays-default-not-mine-!!!&p=5129009#post5129009 https://www.consumeractiongroup.co.uk/forum/showthread.php?488061-Lloyds-Bank-linking-wrong-information-again-!!!&p=5129027#post5129027 Thanks.
  2. Evening All, I've scoured through many threads and posts on here and google and thought the only way to get esteemed advice was to put up this thread. I thank you all for your time and advice in advance. December last year I was summoned to court for a July offence for 'compulsory ticket area without a valid ticket' contrary to Byelaw 17(1) of Transport for London Railway Byelaws etc. That evening I travelled from Canada Water to Norwood Junction, on attempting to exit the barriers I tapped my Oyster and it wouldn't allow me to leave I called the female attendant who informed me the oyster wasn't validated at the start of my journey. She checked the oyster and saw that I had a monthly travel card (Z2 and 3) and PAYG balance to cover my journey. She suggested to be careful mixing bank cards with the oyster; then an RPI rudely intervened, taking the oyster card from the attendant and checked it on his portable device. He also stated that my journey wasn't validated from the start, asked if the oyster was the card I travelled with from the start of the journey - I said yes. He then proceeded to get very rude and aggressive. Initially he said he'll give me an £80 fine then as the exchange went on he said I will be prosecuted and summoned to court amongst other unsavoury comments, while I duly complied and kept my calm. I was not given a caution re PACE. I waited for the letter. Unfortunately, I forgot this was sent to my mother's address I received the Single Justice Procedure Notice (sent on 27 Nov) too late to make an appeal or an out of time appeal - it was received 5 days before the hearing. I was prepared to go to court either way but upon asking for CCTV and Travel History from TFL due to the time lapse, they were only able to provide my product history confirming I had a valid travelcard and balance on my oyster for the July offence. Furthermore, the Witness statement from the RPI repeated a snippet of our conversation convenient to prosecution (remember I had no caution re PACE) and there was no mention of the valid travelcard I had. I called the court and they advised me the hearing will still go ahead on the set date. Low and behold the day before the hearing, I received the Notice of Fine and Collection order for £473. Again I called the court and they said as I was found guilty in absence (recall I was out of time to send an appeal) and the only way forward was to accept the fine and pay. I have paid the fine in full just to avoid it affecting my record etc but I am ready to address this matter in a complaint against the RPI as it was due to his incompetence that I received the fine. But don't know where to start - your help and advise are much appreciated?
  3. I have a case with PRA, made a CCA request for information and deeds of assignment, they only write a letter to say they have requested for the information from OC and the deeds of assignment is a confidential information consisting of their business secret, but they agreed in the letter that they will bring it to the CCJ set aside hearing but they said they will blank out confidential info. What defence options do I have in this scenario ? No CCA request was honoured What happened in case the deeds has been altered as stated Also the fact that I have not been given opportunities to review the document before hearing ? If they are challenging my set aside application, I have not been presented their WS?
  4. 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.
  5. on 28/5/15 I was monitored speeding in Devon whilst returning on leave to Linc\'s from RN base in Plymouth, I was offered a speed awareness course which was transferred from Devon to Linc\'s I completed the course 26/8/2015 at the driver training centre in Linc's LN4 4DG which negated any fine/points. Information is available on Police national database. Just to make things clearer I used my mothers address whilst in the RN for mailing purposes. On 29/5/2015 Bank holiday Sunday my mother received a visit from a magistrates enforcement officer working for a company called Marston holdings, (luckily my father was visiting her at the time) the EA was showing that I had been sentenced by Devon magistrates on the 17/2/16 to a speeding fine for the same incident, he had a warrant of control/removal notice, my father refused him entry into the house, EA said he would return with a locksmith to gain entry, my father informed him that I don't actually live at the address and that he had no further knowledge of the case. my father contacted me and I spoke to the EA by phone and gave him my address and explained the court error but with no satisfactory outcome, my father sort legal advice online and was advised to pay the court judgement fine £327 and to reclaim the money when the court realised the error, but not to pay the bailiffs charges of £310, my father phoned the EA and told him he'd paid the fine to prevent any further action, the EA became annoyed and wasn't satisfied, he said that he will be reapplying to the court and that in 48hours he would have another enforcement notice to force entry into my address to remove property to the value of his fees. my father also lives at the same address as me and is registered disabled and does not want the EA removing any of his property as well as mine, as without receipts for every thing it's hard to prove who owns what, there's obviously been a gross error in the courts administration regarding this case. I have been advised to sign a Stat/Dec but would this not imply that I am responsible for the police/magistrates wrongful conviction is there a quick solution to deal with this. Any help would great.
  6. my son got a job in a local call centre about 6 weeks ago At the time he was employed he was asked if he had any criminal convictions and he answered that he didn't (he was currently awaiting trial after he was involved in the most stupid of circumstances and had been advised by the arresting officer and his solicitor to only disclose when convicted, which has now happened) he was doing very well at this job and loving it - in fact he had won a series of company rewards only a week before best overall employee, best in team and most sales and was given a prize of an iPhone 6. He was encouraged to apply for a position of team leader and duly filled out the form answering the do you have any convictions this time with a yes......... This was Friday afternoon. He was pulled into the boardroom without warning, questioned and suspended without pay immediately and informed to return on Tuesday am at 9:30 to find out his fate. He was again taken to the boardroom and was told that they had taken things into consideration and informed him they were prepared to give him a second chance - he was thrilled and most grateful and expressed that he just wanted to wok hard and put everything behind him. At 2pm he was taken into the boardroom and told that they had changed their mind and he was sacked without notice on the spot - no explanation nothing in writing and no chance to appeal or take in a witness. He is devastated and this has been a kick he didn't need - acas have informed him that they think he should with a letter asking why he has been sacked and to give them 7 days to respond. My question is this.... Is this wrongful dismissal and if so can anyone suggest the type of letter he should write? He is aware that he has been very foolish but he is 18 years old - this is a first offences and he has accepted guilt and punishment and is determined to put all of this behind him and get his life back on track and as I said this was a kick he really didn't need. Thank you in advance
  7. Hi All, First time poster! I've been battling with Barclays over a default they placed on my credit file purporting to a current account with Barclays which I didn't recognise. Six months ago my partner and I were house hunting, at this stage we were really just getting a feel for the market. A house came up that was perfect and we set the wheels in motion hoping to get a mortgage offer sorted within the week and put an offer in. After visiting a mortgage advisor, he asked for copies of our credit files, which we duly acquired from the two credit reference companies and sent them to the advisor. Whom then told me I'd no way qualify for a Help to buy mortgage due to a recent default on my Credit File. I was utterly shocked, especially when I found it was linked to a Barclays Current Account. I have never been a customer of Barclays, ever...at least to my knowledge. I contacted Barclays and went through the SAR motions. It would appear that my very old Mortgage account with the Woolwich (circa 10 years ago the mortgage was paid off and account closed), had been migrated to Barclays and somehow they had issued a charge on the account which changed its balance from NIL to a negative amount...this Current Account now in unplanned overdraft accumulated fees for approx 9 years. In January this year I had received a letter from Barclays saying my unplanned overdraft is being terminated and I must pay them back £267 immediately or face legal action. I contacted them and was advised to pay it to prevent legal action and chase the cause afterwards. So I duly paid the outstanding amount, paranoid that I'd get a blotch on my otherwise pristine credit record. At this point I was writing to Barclays enquiring where the account came from. Now fast forward to April and my house hunting exploits with my wife I mentioned above. After much messing around and letters going back and forth between myself and Barclays Customer Services, They admitted fault and removed the Default from my record, refunded me the £267 they had originally demanded and offered me £50 by way of compensation. I'm literally about to write a response to Barclays about the £50 compensation. Basically, I would have purchased my own house months ago, if it were not for Barclays and the erroneous default, it has stopped us moving on with our lives, prevented my children from being able to settle into their new home (currently 2 girls and a boy sharing a room), its caused endless amounts of stress to myself and my wife and caused months of worry and unhappiness whilst we believed that nothing could be done. I don't think £50 really cuts it after I've had to pay months worth of rent, I wouldn't have had to pay, the emotional turmoil and stress they put us through (I lost 4st due to stress, though that's probably a good thing), my wife has been put on anti-depressants due to the stress and worry. I don't want to be THAT hard done by guy whom is out to line his pockets with someone else gold, but I feel we were forced to hold the ****ty end of the stick through no fault of our own and we had 6 months of misery because of it. I'm not sure what my point is, or even why I'm writing this post, I guess i just needed a rant. On the plus side, it is such a relief that the default is going and we got our money back, but I'm not happy with the compensation they have offered, in fact I find it a bit of an insult. Appointment book for the Mortgage advisor for tomorrow and hopefully we will find another perfect property soon.
  8. first off I will try and make this brief and to the point as I can. I am feel very frustrated and desperate to resolve this and clear my credit file. Back in 2009 I decided to change my phone to T-Mobile, after a week I found I could not get a decent signal in the area so the phone was no use to me, I rangT-Mobile, they said it was within the 14 days and was fine to return, they sentme a return bag I returned the phone to them and that was that…… …………..or so I thought! Roll on to 2015. I’m looking to get on the property ladder soon so having checked my credit file recently, turns out I have had adefault AND worse still, a CCJ :-xplaced on my file from Red Sigma which who was sold the debt from T-Mobile, The CCJ is dated 2013 and for the sum of just over £200. After further investigation, and numerous calls to now EE as own T-Mobile. T-Mobile confirmed to me after investigation that I never owed them a penny, the debt was never a debt, and was indeed incorrect, the debt should never have been passed on to a Debt agency. I am absolutely disgusted that this has happened, I moved address so didn’t receive any paperwork etc .. thinking that finally now it will be sorted, a few weeks have been passed and to date no communication has been sent from T-Mobile to Red Sigma ( who I might add have been quite helpful in this matter), they said they can’t start removing default/CCJ without any confirmation from T-Mobile. I have tried to contact T-Mobile, I have to go around the houses each time I call them, get put through to different teams, who I have to explain he whole story, nobody will provide me with direct line even though I asked them to contact me, I am at my wits end. I just wanted to know legally where I stand as this debt was made in error and now it’s had such an adverse effect to my credit rating, last year I tried to buy a car and failed to get credit, in the end I had to borrow from my family instead, and wished id looked at my credit report sooner. I did read up on here that I should start recording conversations, so I will start doing that. The main priority for me is to remove this from my credit report. Any suggestions where I go from here? Thanks in advance.
  9. Back in 2009 a relative was in a relationship and their claim was treating them as a couple. Their partner had several social fund loans and after they seperated my relative applied for a Debt Relief Order (DRO) poor person's bankruptcy through their local CAB office. The social fund laons were added to their DRO and confirmed ok by the Official Receiver's department who dealt with the paperwork in 2010. However, the DWP have been making deductions from their benefit in respect to these old SF loans which is leaving them in financial hardship. The SF office have said they can review the deductions being made but it will probably take approximately 6-10 weeks to deal with, by which time the loan will have been repaid, so that's not an option. Today, I have discovered that the DWP won a court battle over SF loans being added to DRO's and following that case it was agreed that with effect from 19th March 2012 no one could include any SF loans to a DRO, but any DRO's prior to that date were to be written off by the DWP. Therefore, the DWP should NOT be deducting this money from their benefit but I cannot locate the court case or legislation to which this refers in order to notify the SF loan team that they are in breach of this and that all deductions should be refunded back to the claimant. I have searched througth google and gov websites etc but to no avail. Please can anyone help locate this bit of caselaw or legislation for me? Many thanks Shelley
  10. I might be fixing this, but I'd appreciate some feedback if possible. Background: In August 2008 I entered into a Trust Deed. Because some of the debts were with Abbey National (as was) I had to get myself a new bank for a current account. I went to Nationwide as they appeared to have a good reputation; well there's a new lesson every day I suppose. After a year of struggling along with two basic bank accounts (one was joint with my wife which we used to manage our household bills) and trying to get by using cash and a prepaid debit card only it was time to change and Barclays offered me a debit card with their basic account. After getting all my direct debits changed over I transferred the remaining few pence and asked Nationwide to close the accounts as they now each had balances of £0. Nationwide wrote back refusing to do so saying there were pending charges - two unpaid DDs from the previous month (I think) on each account (charges of £30 a time) which had not yet been applied. I then began the usual process of disputing the validity of the charges using guidance from this site. I even used the tack of asking them how their charges were calculated as they claimed they were based on cost and not punitive - the irony of that was that they sent a letter saying that they were "open and transparent about charges" but wouldn't provide the cost detail as it was "commercially sensitive". Such charges on my new account with Barclays would have been £8. every month during this dispute period Nationwide put a further £30 unauthorised overdraft charge, and interest on to the -ve balance. This dragged on until I gave them an ultimatum and offered them £16 (based on paying the level of Barclays charge for the original two unpaid DDs) without accepting the liability for them. They accepted this and marked my credit file with a partial settlement from March 2011, preceded by over a year of sustained arrears markers. I have recently read the ICO's publication: “Principles for the Reporting of Arrears, Arrangements and Defaults at Credit Reference Agencies” which clearly states that I wrote to Nationwide just the other day to request that they remove the defaults as the balance they showed was indeed only made up of charges and interest on those charges. Is this right?
  11. Hello there! Last month, the day before pay-day, at 23:30 I, and all of my colleagues got a message from our employer to check our emails urgently. So we did, and that’s stated, that the company has ceased to exist, we should not go to work tomorrow, and ever again, and we wont get paid, only a small portion of our original payment to "help with the expenses". (So from one day to an other, we lost our job, and found out, that we wont get a months payment as well - is this even legal?) We wrote an email to him, to try bargain, with no avail nor response. We also got a letter for BM Advisory, that states, that the company ceased to exist due "bad financial circumstances", and we could claim our payment, but they don’t believe that in excess of 750£ to petition would actually work, since the company does not have any material assets. Any advice would be much appreciated.
  12. Hey , I have put in an ET1 and i ticked unfair dismissal /constructive , i thought this covered most of the things i was claiming but I have recently been informed that wrongful dismissal is more inline with my claim. So does the unfair/constructive dismissal box include wrongful dismissal or is that completely different. there was not a box for that ? or am i done for? What can i do Carl
  13. Hi, My apologies for not having introduced myself prior to my first post but i am trying to find out if my wife has received a wrongful default on her credit file? Neither of us have had to check our credit rating before but we recently decided to go for a mortgage and were advised prior to have a look at our credit reports just to satisfy ourselves that we would be okay. My credit report was rated as good and all the details looks exactly as i would have expected, however my wife was rated as fair with a default sitting on her report from a company called Sigma Red. Naturally she has contacted Sigma Red who stated that it was in respect of an unpaid T Mobile bill of £19.77. Obviously she then contacted T Mobile as she hasn't had a mobile with them since December 2007 and had never received any paperwork from them for any unpaid amount as her account was never in arrears and was closed correctly, this was confirmed with T Mobile who did however point out that there 'may' have been an unpaid amount due to charges that were levied after the account was closed, however they confirmed that they did not have any account details to support this. So going back to Sigma Red she informed them of what she had been told by T Mobile and she got a particularly curt reply about them not having a copy of the consumer credit agreement or anything either. Fearing the worst and needing to sort our mortgage application she then just paid the £19.77 but informed Sigma Red that she couldn't understand how she could have a default and that she would take this further but needed a letter stating that the default was settled in the meantime. After 12 days we still didn't get a letter and so she spoke to Sigma Red again, this time she was passed from pillar to post and told it wasn't policy to send letters etc and that a manager wasn't available to handle the complaint that was now going to be forthcoming. My wife was also told that they didn't need any credit agreement to put a default on her file as she could receive a default for a verbal agreement. Now up until this point whilst i was worried about how all this was going to affect our credit rating, i have pretty much taken a back seat and not really read up on the matter, but having had a read of a few of the posts around here i immediately got to wondering if this default is on her account illegally? For what its worth, having checked her credit file there is a settled account with T Mobile that was classed as satisfactory and settled on 09/12/07, and then she has a default registered by Sigma Red on 10/01/11 for £19 (which is now shown as settled). My question is, should the default even be on there and can it be taken off, if it can who do i speak to? My assumption is that this is obviously a breach of the data protection act and should be speaking to the office of fair trading? But can a debt collection agency put information on a credit file without having an account to register it against in the first place, particularly when T Mobile have an entry on her file showing her account as satisfied and closed without any arrears? Many thanks in advance. Mick
  14. Hi No doubt, lots of people will be aware of the total mess NRAM has caused with regards to the wording in their statement regarding the repayment of interest on loans under £25k. If not, here is an article... http://www.guardian.co.uk/business/2012/dec/11/northern-rock-loan-blunder-270-million-pounds I am myself affected by this "mistake", which basically means that I have paid more money to NRAM than they are legally due. Now according to the wording in the letter received, NRAM will not be paying cash refunds. Instead they will be amending the amount owed on the Loan. I for one, am not happy about this. If I have overpaid NRAM any amount of money that they are not due, then I, like other should be entitled to receiving this money in full to spend any way in which I see fit. This is legally my money and NRAM had no right to take this from me. This money could have been distributed elsewhere and I feel that I, or rather everyone affected should have this money refunded in full and not just "redressed" to their account. If anyone can offer any advice on the legality of this I would be very grateful. The fact that NRAM has taken money which they are not legally due to them should be enough to justify a cash refund. Remember not so long ago the drama regarding Energy Companies withholding Customers credit? Same thing, is it not? Also, to clarify, this is my current standing with NRAM. - Together Mortgage taken out Pre-April 2007 - Unsecured Loan part of Mortgage under £25k - Currently up to date with all payments, no arrears, never missed a payment! Any thoughts or people in the same boat, would like to know your thoughts.
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