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    • Resume payments with the debt collectors? You say not to pay dca though do you not? 
    • yes they mostly would be enforceable, but that wasnt the point. even if they get a CCJ the very worst they could have done is get a restriction k which is useless to them. doesnt hurt anything. the CCJ would remain on file for 6yrs yes, but then gone same as a DN. the rest k charge does not show at all. and even so, the idea was to get your debts issued a default notice ASAP, them RESUME payments.. the advise is NOT conflicting, just you don't read things properly or understand.  oh well. dx
    • This is the dilemma I had then and still have it. The bit that stopped me was the post 2015 comments about them being enforceable now in most instances which I feel hasn’t been answered unless I am missing something. the bonus I guess is not all credit agreements now will be chasing me so less people chasing me down so to speak. this is the problem as there is conflicting messaging out there it is hard to plan a strategic way forward 
    • In 2017 my wife was given PIP and I finally, officially, became her carer. In 2019 she was reviewed and we were told it would be done by phone to make it easier for her as she has mobility issues and anxiety. The review was very simple, Has anything changed? No, ok, we'll stay as you are then. In 2022 a second review, this time by phone again but with an awkward given at the end for 5 years. Today, we got a new review letter (I know wait lists are bad, but I dont think the wait will take til 2027 for a decision). We're a bit confused because it's a letter, not a phone call as before. The form is just questions that ask "has anything changed" Now, since 2017, nothing has changed except we had our home adapted via disability grant. This was noted in the phone calls. So we should really write that nothing has changed in the last 2 years. The adaptations have been mentioned in both previous phone reviews, but not in writing so I guess we should bring it up. But we feel that they want us to explain everything as if it were a new claim again... And are worried if we miss something in the original claim or the phone calls she will risk losing part of the award (a 2 point swing could be really bad) It does just say "has anything changed?" But in dealing with ESA prior to getting PIP, answering the question asked "has your condition worsened or improved" at a review process with a simple "no, I'm still the same" somehow led to ESA ending and needing appeal. So just want a bit of guidance. How much detail is needed? Is minimal ok? Or should we be blunt with the fact nothing has changed, and bullet point the things she struggles with in each section?   I know the obvious thing is to just explain it all,but over 10 years the sheer amount of times the poor woman has had ESA or PIP stopped/refused just because something was missed out in their report, or they felt it meant a new claim should be made, or that they judged her healthy because we missed a tiny thing in our forms. During COVID it finally seemed like it was all just going to be smooth, especially with the phone reviews and the 5 year reward, but here we are. We just want to make sure we have the least chance to trip ourselves up, but making sure we have what is expected if you get me? I wish I still had a copy of the forms from 2017, because I could just verbatim copy them and add in about the adaptation, but (ironically) we lost our photocopies we kept of them when the house was being adapted
    • might of been better to have got them all defaulted 2yrs ago as we carefully explained before then you'd already be 1/3rd there and your current issue would not be one.    
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Couple of defaults - can I shift them??


Gunner77
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Copy from credit file of my 2 remianing defaults -

 

Company name:CITIFINANCIALAccount type:LoanSpecial Instruction Indicator:Partial SettlementSpecial Instruction Start Date:01/06/2005Started:26/01/2005Default Balance:£334Current Balance:SatisfiedRepayment Period: Monthly Payment: £162 over 12 months Defaulted On:12/09/2005File Updated for the Period to:23/02/2009

 

And the other one:

 

Company name:CAPITAL ONEAccount type:Credit card / Store cardStarted:24/09/2003Default Balance:£746Current Balance:SatisfiedDefaulted On:15/09/2006File Updated for the Period to:07/01/2007

 

My chances and what I can do? Thanks.

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There is a chance but it will be long and drawn out. Defaults will drop off your credit file after 6 years but if you want to have a go at removing them now the only real way is to CCA the companies concerned to see if they have a valid signed agreement. If they dont then you can state that they have no right to share information with credit reference agencies without your signed consent and must delete the entries.

 

However.... as the accounts are settled they dont have to send out an agreement. You can SAR them but will cost you £10. The statements and paperwork they send out should contain any CCA and you can tackle them from there.

Debt Managers (Barclaycard) £7150 - CCA sent - poor photcopy of app form - they rtnd acct to BC. Then Robinson Way come on scene - sent packing straight away. Will they try a third attempt????? :) Yes they did, roll on Westcot, told them were to stuff it. Not heard anything since but Lowell Financial have been searching my credit file. Round 4, ding a ling ling!!:D Now Crapquest on the scene - bought the debt and want the balance... don't think so 8)

 

Equidebt (Co-Operative Visa) £6800 - CCA sent in June - no response still!! Was Ex-Northern Rock card so probably lost. Equidebt have now agreed to write off and remove credit ref listing completely!!! :lol:

 

 

Robinson Way (Abbey) - debt sold to RW £1840 - await letter from them....cant CCA as bank account.... agreed to settle for £368 :-D

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Where the defaults made up in any way of penalty charges?

 

It is unlawful to default an account if any of the balance is comprised of charges.

 

Although Capital One are complete to55ers when it comes to this :-x

 

I am at stalemate with them and am having to send a LBA which I will to today on my day off.

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The Capital One account was made up of charges, yes. So what do I need to do? Thanks.

 

 

First you need to send them a SAR notification and enclose £10 - you can find the template in the Bank Templates Library :)

 

Send a postal order for £10, without your signature on.

 

Then you need to add up all the charges, and send them a letter stating you are claiming them back and you want to remove the default..

 

It is hard work, I have done all of this and they have refused so I am now sending them the Letter Before Action which tells them if they dont give me charges back, remove default I will start court proceedings.

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