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    • Please see my comments on your post in red
    • Thanks for your reply, I have another 3 weeks before the notice ends. I'm also concerned because the property has detoriated since I've been here due to mould, damp and rusting (which I've never seen in a property before) rusty hinges and other damage to the front door caused by damp and mould, I'm concerned they could try and charge me for damages? As long as you've documented and reported this previously you'll have a right to challenge any costs. There was no inventory when I moved in, I also didn't have to pay a deposit. Do an inventory when you move out as proof of the property's condition as you leave it. I've also been told that if I leave before a possession order is given I would be deemed intentionally homeless, is this true? If you leave, yes. However, Your local council has a legal obligation to ensure you won't be left homeless as soon as you get the notice. As stated before, you don't have to leave when the notice expires if you haven't got somewhere else to go. Just keep paying your rent as normal. Your tenancy doesn't legally end until a possession warrant is executed against you or you leave and hand the keys back. My daughter doesn't live with me, I'd likely have medical priority as I have health issues and I'm on pip etc. Contact the council and make them aware then.      
    • extension? you mean enforcement. after 6yrs its very rare for a judge to allow enforcement. it wont have been sold on, just passed around the various differing trading names the claimant uses.    
    • You believe you have cast iron evidence. However, all they’d have to do to oppose a request for summary judgment is to say “we will be putting forward our own evidence and the evidence from both parties needs to be heard and assessed by a judge” : the bar for summary judgment is set quite high! You believe they don't have evidence but that on its own doesn't mean they wouldn't try! so, its a high risk strategy that leaves you on the hook for their costs if it doesn't work. Let the usual process play out.
    • Ok, I don't necessarily want to re-open my old thread but I've seen a number of such threads with regards to CCJ's and want to ask a fairly general consensus on the subject. My original CCJ is 7 years old now and has had 2/3 owners for the debt over the years since with varying level of contact.  Up to last summer they had attempted a charging order on a shared mortgage I'm named on which I defended that action and tried to negotiate with them to the point they withdrew the charging order application pending negotiations which we never came to an agreement over.  However, after a number of communication I heard nothing back since last Autumn barring an annual generic statement early this year despite multiple messages to them since at the time.  at a loss as to why the sudden loss of response from them. Then something came through from this site at random yesterday whilst out that I can't find now with regards to CCJ's to read over again.  Now here is the thing, I get how CCJ's don't expire as such, but I've been reading through threads and Google since this morning and a little confused.  CCJ's don't expire but can be effectively statute barred after 6 years (when in my case was just before I last heard of the creditor) if they are neither enforced in that time or they apply to the court within the 6 years of issue to extend the CCJ and that after 6 years they can't really without great difficulty or explanation apply for a CCJ extension after of the original CCJ?.  Is this actually correct as I've read various sources on Google and threads that suggest there is something to this?.
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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.

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Default Removal Successes


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As these tend to be dotted around the forum, it is often difficult to find this information. If users would like to post details of successful default removal's then please feel free to post below - with a link to the thread concerned.

 

 

 

 

 

 

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  • 3 weeks later...

Hutchison 3G

 

Asked for removal apologised as it was a mistake offered the £226 owed, also offered £50 to there favorite charity as an apologie.

 

Default vanished a month later.

 

No payment made, reply letter, or nothing? CRA confirm its gone.

:!:
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  • 4 weeks later...

Cap_One default taken off my record after a long fight..

Co-Operative bank default removal - succesfull december 2007.

 

Capital One Bank default removal - succesfull february 2008.

 

Co-Operative bank Visa default removal- Claim filed March 2008

 

Smile default removal - ongoing

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Shop Direct Financial Services (Littlewoods Catalogue) default removed following their inability to provide any SAR data, no court/ ICO involvement required. See thread:

 

http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/125106-littlewoods-shop-direct-financial.html

 

While I'm here; does anyone know how long the CAG small claims procedure books (by P Pearl) take to arrive when ordered through the website?

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Successfully got HBOS to remove loan default as they failed to issue a Notice of Default:

http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/113297-knox-blair-oliver-scott.html

 

Successfully got Vodafone to remove a default by sending they a grovelling letter:

 

http://www.consumeractiongroup.co.uk/forum/general-debt/127885-knox-vodafone-default.html

[COLOR=blue][B]Defaultless since 2012 :)[/B][/COLOR][COLOR=green][/COLOR]

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Alliance & Leicester default Removal

 

Successfully had a default removed, £1000 compensation and the disputed balance refunded after I sent them a statuary demand. It took a month to get it sorted after it showed up on a mortgage application.

 

Mostly due to the knowledge gained from this website, thanks all.

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  • 3 months later...

First Direct, £4031 Recovered

Halifax, £953 Recovered

MBNA Credit Card, £120 Recovered

American Express, £160 Recovered

Coming Soon......

Blackpool Council, £190 in unlawful parking tickets

Carstoppers. £50 from the cowboy clampers

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  • 3 months later...

Hi, I'm new to this site (infact this is my first post) and i'm about to embark on what I imagine is going to be a long, hard battle for a removal of a default on my credit report. All the threads have been very helpful.

 

Has anybody had any success with GE Money... As I think they might be a tough cookie to crack :(

 

Any advice would be great! Thanks

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Hi, I'm new to this site (infact this is my first post) and i'm about to embark on what I imagine is going to be a long, hard battle for a removal of a default on my credit report. All the threads have been very helpful.

 

Has anybody had any success with GE Money... As I think they might be a tough cookie to crack :(

 

Any advice would be great! Thanks

 

No, but I was just pipped at the post by the "Judge lottery";

 

http://www.consumeractiongroup.co.uk/forum/other-stores/110148-car2403-ge-capial-bank.html

 

I'm still consider what recourse I have, as I haven't given up completely just yet. (My Army Generals have been recalled to regroup and reconsider their tactics)

 

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Hey, thanks guys. You've been most helpful. I'm going to get cracking on my first letter this weekend.

 

Just another quick question... If I paid my account off in full when I recieved a final demand for payment, do they have the right to put a default on my credit? Even if they did give me a default notice (which they didn't)?

 

I'll be sure to add a thread as soon as I get the ball rolling. Thank you :)

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  • 1 month later...

Hi I made claim against Littlewoods then found they had no agreement got the normal we are unable to find your agreement etc. They wrote off debt £1700 but then entered two defaults on CRA files.

 

I used FOS though Littlewoods did say that they would not remove one of the defaults when I checked CRA's files all gone.

 

my thread is

 

http://www.consumeractiongroup.co.uk/forum/payment-protection-insurance-ppi/80339-wife-littlewoods-ppi.html

 

dpick

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  • 2 months later...

Capital One Credit card default removed.

Made as part of my complaint to FOS for repayment of charges.

Charges were refunded but Cap One said that default would stay.

Told FOS that default removal was part of my complaint ,so they got back in touch with Cap One and they eventualy removed it.

hello all:-)

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Hi Everyone

 

I felt I would like to share a letter that I wrote a few months ago with you all. I have been harassed for two years now over a debt that I paid. I wrote letters sent proof of payment each time it got moved on to the next dca. I just got fed up. So I did a little research and penned this beauty. The calls stopped, so did the mail and the default on the credit file disappeared virtually overnight. I reckon if they cant produce the CCA, then this type of letter should follow folks. Some of you may want to refer to some of the legislation I quoted - it worked a treat! Here it is......

 

The document is attached - enjoy.... I did get a reply from their CEO. I have his personal email id anyone wants it.........

BCW.doc

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  • 1 year later...
  • 7 months later...

I am dealing with a few creditors and my debt has been sold on more than a few times. I have received defalt notices in the past. How can I find out if I have had more than one defalt per creditor?

 

Kind regards

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Simply write to each creditor individually and ask them..I know this sounds obvious and simplistic BUT it is the way to do it AND it works...

 

ALTERNATIVELY you could go the route of paying experian,creditexpert and equifax the appropriate fees and find out from them...IT WILL COST YOU THE FEES THOUGH!!!!

 

rgds

 

m2ae

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ALTERNATIVELY you could go the route of paying experian,creditexpert and equifax the appropriate fees and find out from them...IT WILL COST YOU THE FEES THOUGH!!!!

 

and just watch the bottom feeding DCA's come to light after 'being alerted' to your new personal details. My advice, write to them, DON'T pay for access to your credit file unless you are making statutory requests under the CCA (with a one off cost)

 

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Hello,

 

I need help ?? The creditor sent me letter back saying it could not provided the cca agreement or default notice and as such closed the account and no longer

pursue the existing debt. I thought great but they said nothing about the default so I sent them a letter to ask about removal of the default notice from my account as they could not provided the relevant documents. They have sent me a letter saying:

 

The fact that the documentation is not available in this case is a separate issue to that of the registration of the default. Aktiv kapital has an obligation as data controllers to provide this information to the credit reference agencies. As this is a legitimately defaulted account it is reported as such.

 

And they go on to say that they our satisfied with default as it’s a true reflection of the account in question and therefore cannot agree to remove it????

 

 

So can anyone help me with this matter please??? Am not too sure what to do next really

Any help I will be most grateful.

 

Kindest Regards,

 

Stephen

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So, the question now is how important is it that the Default is removed from your Credit file?

 

Things to consider, are, if they don't have documentation to support the default entered, they can't claim that the data is accurate and the Data Protection Act gives you rights as a data subject to have that data destroyed, but on the other hand, you have a win here in that they won't chase the debt now. On the other hand, they can only **currently** not provide the documentation - what happens if they suddenly find it should you begin challenging it?

 

Definitely needs consideration on next moves, either way...

 

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  • 6 months later...
Cap_One default taken off my record after a long fight..

 

Hey allIm just about to take the fight to capital one. For charges and default removal. I would have started my own thread but i'm so inept at all this forum stuff at the moment. Im hoping that I can claim charges first and also default removal as a tasty little bonus, as I gather that if I apply to have charges refunded I also get the default removed because it no longer applies to the amount registered ( is it true that then they can't re register it as there is no governing credit agreement for the new amount). Well copies of my statements are on the way, as soon as I recieve them( and figure out how to post myself a new thread) i'll keep you updated on how it goes.PS: I'm also looking at trying to remove a T-mobile default, if anyone has any suggestions please let me know. I'm thinking miss selling or some other technicality.Best regards allChris

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Please

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