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    • Thank you for the reply - I'm half expecting them to either drop the whole thing or to spring the "We had to tell the court that you don't want to pay so we're going to restart proceedings" idea given the language in the consent order that I signed with them. Going to read up and prepare to defend in case they fancy playing that game. It'd be nice if they would actually play by the rules for once...
    • Hi, I'm not sure if I'm asking this in the correct forum.   Ill try to be brief   - last October I contacted a h2b company that said I was eligible for up to £200 off every window and door. I agreed to a company to come and quote.   The quote was given, the windows and doors installed. The initial installation was incomplete however the people installing said for them to be paid for their part I needed to sign both a form that said what was left and that they had done their part. This form was actually an agreement to release the funds from the finance company. I disputed this.   Fensa came to inspect my property finding multiple errors (improper sealing) in addition to those I found (chipped and damaged beading, poor finish and damage to an internal door and blind). The company returned to fix the issues Fensa identified.    I compiled a very hefty report and sent to the window company complaints team with pictures showing the faults. They did apologise and have attempted to remedy some of the issue.   I asked for a price breakdown in December to check exactly what each item cost. This was done as I had agreed to have sills in addition to the windows and i received capping boards instead (i didnt need capping boards).   The price breakdown shows no indication of any saving made as promised by the h2b company. When i highlighted this to the window company they said what they had provided was all they were giving me. I complained again and was given an explanation stating that they gave me a different saving that was larger than would have been offered by the h2b company in the first place. This was not indicated to me at point of sale.   Being that it has been a year I am wondering if I should contact the financial ombudsman about this. I feel as though I have been miss old this product and the company has been dishonest and unhelpful.   Any advice would be great.
    • Hi everyone,    They started sending threats:   Wednesday:    We have been instructed to proceed formally on this claim in 7 days in respect of the balance due to Photo Studio Group unless discharged or an arrangement made. This will result in a formal Letter Before Claim and Court Proceedings.    Thursday :    It's not too late to stop legal action. Settle the £1182.89 due to Photo Studio Group.    Friday 8:23am :   The £1182.89 due to Photo Studio Group is overdue we are now instructed to proceed with a formal Letter Before Claim.    Friday 6:28pm:   We are now considering whether to issue Court proceedings to recover £1182.89 owed to Photo Studio Group.        
    • Hi Guys, I would appreciate any advice you can give.   In mid September this year we went to a Caravan company to look at potential caravan purchases, we found one caravan that we liked it was a 2018 model,   however when talking to the salesman we expressed concern that the settee and the bed mattress seemed to be of very poor quality and lacked any real support. The settee and mattress also seemed older than the year of manufacture would suggest. The salesman assured us that the fittings were manufacture fitted and that was, 'Just how they are'. He agreed to look into the matter for us.   As a result we paid a £1,000 deposit on our debit card, the salesman asked us to sign a contract for sale regarding the caravan informing us it was 'a receipt for the money we paid'.   We were due to collect the caravan this week, however, during the period from signing the contract we felt that we were being mislead about the furnishings previously mentioned so we carried out some research.   I sent the photographs to the manufacturer and asked them if they were the original fittings supplied by them, they responded that the settee and mattresses shown in the photographs (Taken from the online sales pictures from the sellers website) were never fitted to that caravan and had never been supplied by the manufacturer. I also downloaded the brochure from the manufacturer that showed the settee and bed mattresses that were fitted to the year and model of the caravan we had paid a deposit on, were nothing like the ones currently fitted.   somebody has taken out the superior Settee and bed mattresses and replaced them with cheaper inferior quality ones which seriously devalued the caravan, notwithstanding reducing the comfort and quality of the caravan. He insisted that the photographs (taken from their website) were the correct fittings for that caravan.   On Sunday 20th October, I sent the caravan sales company a letter stating that we were rejecting the caravan and that we had been mislead as to the quality and provenance of the fittings, that we no longer had any trust in the sales company and under the Consumer Rights Act requesting the return of our deposit.   We received a response the next day that stated, they accept the cancelling of the contract however, they are retaining our deposit against the purchase of another caravan from them.   I think it is a given, that we would never darken their doorstep again let alone purchase anything from them. I would add that all our concerns and the company's responses have been via email, so we have an audit trail of what has gone on.   I have considered chargeback, as we paid on a Visa debit card (I know should have used a credit card) and I am aware that we have 120 days to try and implement this.   I'm looking for advice as to what to write to the company to start with, i.e. Letter of complaint (They have no complaints policy or procedure in their T&C, they are also not signed up to the Dispute Resolution Ombudsman Scheme) or a, Letter before Claim, or do I involve Trading Standards.   Any advice from the wise members of this group would be greatly appreciated.   
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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Delayed Car Insurance payout caused CCJ - Any Advice Pls.


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In 2004 my husband reported to our insurance company that he had a slight accident with another driver, who happened to be driving their company car.

 

Shortly afterwards my husband got sick with depression. The company who owned the other car hadn't been paid for the repairs by our insurance company and decided to come after us for the money.

 

Eventually they got a CCJ against my husband - and shortly afterwards our insurance company (who by the way are Norwich Union) paid the repairs.

 

I alwasy thougth that once a CCJ was placed on our file that that was that, we wouldn't get it removed for 6 years. However having recently learned that some CCJ are removed upon particular grounds I thought I would ask you fine gurus what you thought and if anyone had any help, advice , guidance or anything really to help.

 

Many thanks.

NatWest

Data Protection Act Letter - 06/08/2006

Statements rec'd 14/9/2006

Preliminary Letter sent - 27/9/06

LBA - 18/10/06

Claim with Court - 31/10/2006

Got until 14/11/06 to acknowledge.

7/11/06 Received ltr offering full settlement minus

interest + court costs

12/11/06 - Rejection sent

17/11/6006 - Natwest Acknowledged

4/12/06 - Rec'd Natwest Def (Cobbetts)

5/1206 - Rec'd partial offer (Cobbetts)

THE WOOLWICH

Data Protection Act Letter - 06/08/2006

List of charges rec'd - 04/9/2006

Prelimary Letter sent - 06/09/2006

Response - 'fully investigating' - 11/09/2006

Claim with Court - 20/10/06

Acknowledged - 20/10/2006

Defence by 17/11/2006

AQ to be returned - 11/12/2006

Court Date - 14/02/2007

**SETTLED IN FULL**

CAPITAL ONE

**SETTLED IN FULL** 3/11/06

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This will give you a list of valid reasons to have CCJ's removed/set aside.

 

Removal of CCJ's - Valid reasons to have your judgements set aside

 

Hope it helps.:)

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  • 1 year later...

Do not fear...Salvation is here!! haha

 

i have just got my credit report and it has a ccj due a car accident and insurance not paying out in time...its satisfied now but still on my record...so.....with the insurance company being inept and the court not really helping, I called Experian....all you need to do is get your insurance company to write a letter with all the court details, including case number, date, amount etc, and then also your details, and it must state that they were liable for the fees not you...it will then be removed!!! I hope... :)

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brill thanks. will c how we gets on

NatWest

Data Protection Act Letter - 06/08/2006

Statements rec'd 14/9/2006

Preliminary Letter sent - 27/9/06

LBA - 18/10/06

Claim with Court - 31/10/2006

Got until 14/11/06 to acknowledge.

7/11/06 Received ltr offering full settlement minus

interest + court costs

12/11/06 - Rejection sent

17/11/6006 - Natwest Acknowledged

4/12/06 - Rec'd Natwest Def (Cobbetts)

5/1206 - Rec'd partial offer (Cobbetts)

THE WOOLWICH

Data Protection Act Letter - 06/08/2006

List of charges rec'd - 04/9/2006

Prelimary Letter sent - 06/09/2006

Response - 'fully investigating' - 11/09/2006

Claim with Court - 20/10/06

Acknowledged - 20/10/2006

Defence by 17/11/2006

AQ to be returned - 11/12/2006

Court Date - 14/02/2007

**SETTLED IN FULL**

CAPITAL ONE

**SETTLED IN FULL** 3/11/06

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let us know how it goes...i will do the same...only called exerian yesterday and it takes upto 28days to remove it.....i was thinking of suing the insurance company as loan got turned down, credit cards got hiked up etc...had perfect history until this debarcle.:confused:

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  • 6 months later...

ime a little confused

so a letter was sent to experian with the court details and a letter from the insurance co saying not me guv,

and the ccj was deleated from your credit file

 

poppy cock

 

not being nasty so dont take it the wrong way

 

a ccj is a court judgement and gets registered with the registry trust, as its a public document, it gets reported to the credit ref agencies

 

the only people that can remove a ccj from your credit file are county court judges through a set asside hearing

 

the credit agencies have a legal obligation to show this info

 

if i am wrong i will be the first to put my hands up and say sorry but as a rule the cra just stick two fingers up ref complaints

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Firstly not taken the wrong way....I was shocked too and may have negated to put a few inportant bits of info.. Firstly, My insurance company (who were responsible for the debt) had to write and send a cheque for £75 to the court stating that it was indeed they who were responsible for the debt. - So CCJ removed by court.

secondly, the insurance company had to write to each credit agency (experian, equifax and call credit) who them removed the CCJ. All this was the advice of creditexpert and my creit and score on all 3 sites now show in the fair-good category.

 

I have recently had a loan approved and my credit card interest rates have lowered.

 

does this make it easier to understand?

 

Scarletboyambyth

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also, if you call experian and explain that its a CCj incurred due to late insurance payout, each reference agency has protocol for this as it is apparently quite common. Please by all means call and ask them in regards to their criteria. I am not a regular poster on this site but i see that you often help people (kudos) on this site and may be able to pass on this info in the future.

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  • 1 month later...
  • 3 years later...
Hi All, Just an update: THe FSO has adjudged the insurance company to be at fault and although after much leg work I had it removed, they are now to pay me compensation or circa £1000 - Result!

 

It really is bad that a silly little amount like £1000 could even be suggested for the grief it causes.

I was placed in a very similar situation and I would have no reason to accept less than 10 times that figure.

The costs caused to me in relation to not being able to gain credit are even close on 20k.

Being in business my credit line was all important and having this ability to gain credit at a fair rate was more so again.

Now losing that credit line and good rate on already used credit meant I was placed in a rising rate and not small rises but 5% jumps on apr overnight basically and with capping and sopping of allowed crediting.

Lost £8k in credit line and inability to make planned purchases of new vehicles to keep us covered from mechanical issues with 3 yrs cover. Guess what I had to buy used which I had got away from whilst growing my business.

And 9k later I have 2 broken vans both requiring another £1500+ to get them back usable now that is in 15 month only.

The CCJ was there for 2yrs 6 months now gone and now if I had the money to put the deposit down I could get new but because the ccj was there I had to buy used and that was deposit money all gone.

Now without the ccj being there i would have gained the credit at 5% flat rate and paid over half the vans off and still been 6 month left on warranty. Beggars belief how the insurance companies are allowed to get away so cheaply when they really mess peoples lives and business's up. They gave me an interim payment which I reluctsntly took with express outining this had no bearing on my claim for damages and they said they would pay me out by taking the law firm under professional misconduct as they had not acted correctly on behalf of BRIT insurance now riverstone. Guess what happened they said we are not doing any more and basically write to the FSO.

Pay large money for insurance then they rip you off.

I hope to succeed in getting a fair amount to cover my extremely effected life for nearly 3 years.

I am still too scarred to apply for credit in fear of rejection.

As rejection will knock me back again.

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Unlawful default has now been set at £10 k

 

Could you point me/provide a link to that legislation Postggj?

 

Regards

 

Andy

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Sorry, it was 8 k awarded. NOT 10

 

http://www.scotcourts.gov.uk/opinions/A187_04.html

 

 

121. In these circumstances and standing such a recent decision where the claims appear to have been treated as being capable of existing together, I find that the pursuer is entitled to an award for the general damage to his credit in addition to an award in respect of the actual loss flowed sustained. Having regard to all the circumstances I consider that an appropriate award would be £8,000.

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At the discretion of the Court and that particular DJ and that particular claim...nothing set in stone.

We could do with some help from you.

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And a Scottish court, not English

 

But i would think that case can be referenced in any damages claim

 

Not particulary...this one tried :- http://www.consumeractiongroup.co.uk/forum/showthread.php?321174-how-to-take-legal-action-against-hsbc&highlight=Durkin

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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Thanks for the link

 

Supreme court hearing on 28th Jan 2014, according to Richard Durkins twitter feed.

 

A bit late in this case but at least we will have closure through case law in the new year. With that appeal, speculation and uncertainty will end once and for all

 

Good luck Richard

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