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    • Hi Dave2019   That response to your councillor is short and direct so lets see how your councillor will act with Platform.   I think you have noticed that Platform are not telling the correct facts to news article/MP/Councillor which is absolutely typical of these Housing Association to always give there version of events to make them look as if they have done everything by the book to make them look good we haven't done anything wrong.   This is when you challenge them as you have done and throw there own Customer Community Engagement Strategy in there face and you keep doing this with what I have pointed out in post#67 (as a reference).   The more you do this the more Platform are not going to like it as it impacts their own Customer Care Policy, Complaints Policy and that specific Customer Engagement Strategy as these look more like just a paper exercise to make them look good but putting them into practice they are not just failing but are in fact Breaching those Policies.            
    • Ok! I think it's about there, I've added those final points. Thanks again for looking this over!   Px CLAIMANT
 ERUDIO STUDENT LOANS LIMITED – AND – DEFENDANT XXXX WITNESS STATEMENT OF XXXX I, xxxx of xxxx, being the Defendant in this case will state as follows;   1. The Witness – xxxx states in point 3 that:   “It is noted that the Defendant does not dispute entering into a credit agreement with the Claimant.”   This in not true. I have never entered nor admitted to entering into an agreement with the claimant.   2. The default notice mentioned in point 6 was issued on 26/04/2017 and served 4 years, 3 months and 27 days after the last written acknowledgment of the debt on 30/12/2012 by myself. Thus, the cause of action delayed by 4 years 3 months and 27 days and the Limitations period prolonged to 10 years, 11 months, 16 days. This, in effect, allows the creditor to stop time running and the creditor having effective control of when a limitation period begins or even starts to run.   3. In point 5 xxxx states I was issued with A Notice of Assignment on 22/11/2013. In point 6 he states that a Default Notice was sent to me on 04/03/2014. In point 7 he states I was sent a Termination Notice on 26/04/2017. In point 8 the legal proceedings and transference to Drydens solicitors took place without my knowledge.   I received none of these notices or assignment. It has now come to light that they were all sent to an address I had not resided at since 2001. The Student Loan Company was aware of my current address at the time that the alleged documents were sent.   I have always kept the Student Loan Company informed of my current address.   4. In point 18 the Claimant claims the Termination Notice issued on the 26/04/2017 was the cause of action, this is patently untrue - the termination notice does not determine the Statute of Limitations date.   Pursuing a debt after a 6 years is clear breach of OFT guidelines and CPUT.   5. Addressing points 21,22 and 23 - the claimant contends its unfair to allow a set aside 16 months after a default judgement, yet failed to issue a default notice within the 6 year limitation period therefore breaching the rules of the Consumer Credit Act 1974 section 87/88.   6. I the defendant, contend that the Claimant's claim so issued is a claim in contract and
is STATUTE BARRED pursuant to the provisions of section 5 of the Limitation Act 1980. 
If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.   7. The Claimant's claim to be entitled to payment of £2489.03 or any other sum, or relief of any kind is denied. 
   8. The defendant’s costs in dealing with the claimants default judgement and their set aside application to be paid by the claimant within 28 days.   (a separate costs sheet is attached).   Statement of Truth   I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.   Signed: xxxx Dated: 17/05/2022   Costs Sheet Cost of N244 application form: £255.00      
    • Hi   I hope you are keeping as well as came be expected during this. and even if you want to rant here about this If A2 are still ignoring your letters/emails then that the Housing Ombudsman is now looking into this matter and have requested your evidence so far of their failure in Customer Cara and more importantly their own Complaints Procedure by failure to acknowledge letters/emails.   As you have already spoke to the Ombudsman I would contact them again and just explain to date A2 are still completely ignoring you with your complaint and you take this as a Breach of their own Complaints Procedure.   You look after yourself and even if you just want to have a rant about this to get this out your system you know where we are.    
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sold HSBC Loan debt - removing CRA defaults


MARKIE66
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hi, this is my first post so please bear with me!.

 

4 months ago I requested a copy of my original signed agreement for a bank loan from a debt recovery firm

(Credit Security Ltd, formally the debt was with Moorcroft Debt recovery, originally HSBC).

 

 

The total amount owing was £8920.00,

I had been paying £20.00 per weekand had reduced the debt from £11050.00.

 

 

As they couldn't provide me with the copy (it couldn't be found)

 

 

I wrote them a letter (by recorded delivery) telling them I would no longer pay

as the debt was uninforcable under the consumer credit act 1974.

 

 

To date I have not had a reply.

should I assume that I will hear no more about this matter

or do I need a letter stating that the debt is written off?.

 

Also the bank set a default with the credit reference agencies in sept 2003

and has logged a default every month since,

is there any way that i can have the default removed?.

 

thanks for reading, all help appreciated.

 

Mark :|

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I see you have read some things already.

In answer to your first question,If you requested a copy of the agreement and sent the £1.00 fee,then they should have returned that if they could not fulfil the request.

In the absence of them contacting you,it is reasonable to assume they wont be trying to collect from you again.Whether they will sell on the debt is debatable.If they were acting as agents then they will pass the debt back to the creditor.

As regards your second question,You should send the bank a section 10 notice to stop them from further processing your data.

I will move your thread.

  • Haha 1

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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thanks for the info, i'll send the section 10 but I could really do with getting the defaults completely removed as this is causing financial difficulty for me and i feel that their presence is unjustified, any clues?

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If the default date is 2003 then these will drop off your report next year anyway!

 

Assuming there was no admission after that date and it was not re registered.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Markie,theres currently ongoing debate and discussions about this.I think if you have read those early ones (like Surleys Threads) which I see you have,then you will have picked up a few things.

More recently CAG members have been exporing other avenues and we are not there totally yet but are making good ground.Theres the other problems I think where removal HAS taken place on the basis of confidentiality.

I am not convinced that there have been good results that have not been reported-its not something they want in the open.

My guess is that these removals have happened after an agreed confidentiality.

I cannot believe for one minute that theres been no results I mean on a bigger scale than we know of.

Just my own thoughts.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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  • 9 months later...

hi, i defaulted on a rolled up loan (made up of an amalgamation of overdraft original loan and a considerable amount of charges) just over 6 years ago, due to being stitched up by my business partner (ex best friend ). although i struggled i did try to pay off the debt but it was passed on to a debt recovery agency

 

the problem i am looking for advice on is that the bank that i originally defaulted with (HSBC) has registered a default on my credit file every month for the last 6 years, and although last month no default was recorded, all the previous defaults are still on there.

 

this is keeping my credit score low and is noted by CHECKMYFILE.COM as having a very detrimental effect.

 

please help, i'm a good person really :)

 

mark

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It should drop off automatically six years from the original default date. You should get in touch with the CRA and ask why it's still showing.

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

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17 Port & Maritime Regiment RCT

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Yes, those are the monthly updates. If you check your file again it should say when it was originally defaulted.

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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Hi Mark

 

If they defaulted you 6 years ago you would have one default showing dated 6 years ago.

 

If HSBC are showing each month that you are defaulting on your agreed payments you may have some sort of agreement running. Have you looked into the amount of charges that are included, there may be a case of claiming unfair charges back which could wipe the debt. Are they sending you a notice of default each month with a £12 charge on it?

 

You need to provide more information and start looking into your options.

 

Pedross

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