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    • Good Evening, I've got a fairly simple question but I'll provide some context incase needed. I've pursued a company that has operations in england despite them having no official office anywhere. I've managed to find a site they operate from and the papers there have been defended so I know they operate there. They've filed a defence which is honestly the worst defence ever, and despite being required to provide their witness evidence, they have not and have completely ignored the courts and my request for copies of it. I'm therefore considering applying to strike out their defence on the grounds the defence was rubbish and that they haven't provided any evidence for the trial. However, it has a trial date set for end of june, and a civil application wouldn't get heard until a week before then, so hardly worth it. However, my local court is very good at dealing with paper applications (i.e ones that don't need hearings, and frankly I think they are literally like 1-2 days from when you submit it to when a Judge sees it. I'm wondering if I can apply to strikeout a defence without a hearing OR whether a hearing is required for a strikeout application.   Thanks
    • I have just opened another bank acc with lloyds (i have a few already) After doing some research they may have some relation to tsb or be apart of the same group will this cause me issue if my salary is paid into my lloyds account? Also, if the debts do go into default and nothing is paid then after 6 years it all goes away? As the DCAs cannot do anything? I do want to start paying in like 3/4 months or do you advise I leave it if it goes into default? again sorry for all the questions, i am just processing everything
    • one reply only  follow post 2 of letter of claim <<clickme link. dx
    • Sorry, I got confused  Yes, it states all three   Thanks, 
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

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Default - Time on creditrating


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Its from the time it was satisfied Ive been told by Experian. My friend got a default in May 2003 for £70 for Ace Cards? (bit like Studio cards im told) but she paid it the month after, not thought anything of it, and when she has gone to get a mortgage with her boyfriend, they were rejected because of this satisfied default from 4 years ago.

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I thought it was from the time the default was raised, not from the time it is satisfied.

 

It is - but that's still 6 years. So, if you had a default dated 30/11/01, it should now be gone - but if you had one dated 20/12/01, it'd still be there. The date satisfied has no bearing on it.

 

See:

https://www.creditreporthelp.experian.co.uk/static/ycrhc/1b6c25a95fb5428588da337cdfcd613a.html#q284b513b09c64c568b5d6ddabcb29873

How long do credit accounts stay on my report?

 

We hold open accounts indefinitely. Once an account is closed, we hold it for six years from the settlement date. We also keep defaulted accounts for six years from the date of the default. The current balance on a defaulted account should show if payments have been made since the default or if the account now been fully paid.

(my bolding)

 

 

 

Cheers

Michael

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How about the way that defaults are renewed each time a debt is assigned?

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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How about the way that defaults are renewed each time a debt is assigned?

 

As far as I'm aware, they shouldn't be - I'm under the impression that an account can only be defaulted once, and that the original one should stand - any others should have complaints raised to the CRAs about them.

 

Of course, that's just my opinion - I always stand to be corrected :)

 

Cheers

Michael

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If a default was satisfied in June 2003, I know it stays on your credit file for 6years, but should it affect how you get credit now in 2007?

 

It depends on the type of credit. Most credit cards only bother to check 3 years credit history. A mortgage lender, on the other hand, would do a full credit check.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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