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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • linbren03
      Accident at a Local Council Leisure Centre

      By linbren03 · Posted

      Firstly, I would like to thank everyone for their help in this matter. Since my last post I have received a reply from Plymouth Council Insurance Team concerning my wife’s accident (please see enclosed letter and photo of the offending Badminton post) which they deny any responsibility for the said accident. I feel that the Council is in breach of their statutory duties under the following acts: The Leisure Centre was negligent in its duty of care and therefore, in breach of the statutory duty owed under section 2 of the Occupiers’ Liability Act 1957. Health and Safety at Work Act 1974 (the Act) to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all their employees, and others who might be affected by its undertaking, e.g. members of the public visiting the Leisure Centre to use the facilities. The Management of Health and Safety at Work Regulations 1999 that requires employers to assess risks (including slip and trip risks) and, where necessary, take action to address them. The Provision and Use of Work Equipment Regulations (PUWER) require the risk to people’s health and safety from equipment that is used at a Leisure Centre be prevented or controlled. I would like some advice to see if my assumptions are correct and my approach to obtaining satisfactory outcome to this matter are accurate. Many thanks   PLM23000150 - Copy Correspondence.pdf post docx.docx
    • Bazooka Boo
      Natwest Bank Credit card debt - Moorcroft- Lowells- Overdales @overdalesSols

      By Bazooka Boo · Posted

      Talking to them does not reset the time limit, although they will probably tell you it does, they'd be lying. Dumbdales are the in-house sols for Lowlife, just the next desk along. If Lowlifes were corresponding with you at your current address then Dumbdales know your address. However, knowing that they are lower than a snake's belly, you would be well advised to send them a letter, informing them of your current address and nothing else. Get 'proof of posting' which is free from the PO counter, don't sign it, simply type your name. That way then they have absolutely no excuse for attempting a back door CCJ.   P.S. Best course of action, IGNORE them, until or unless you get a claim form......you won't.
    • Plank37
      Techzone Mobile Buxton Ltd (dissolved 2022!) - Bought a dodgy phone from their Market stall - says doesn't do refunds with a sign up!!

      By Plank37 · Posted

      A 'signed for' Letter of Claim has been sent today so they have 14 days from tomorrow... Lets wait and see what happens but i suspect judging by their attitude they wont reply 
    • SPM87
      Homeowner - Struggling to now pay minimums on unsecured debt

      By SPM87 · Posted

      I am extremely apprehensive about burning our files.... I do not know why, so it is becoming an endless feedback loop. Scared to pull the trigger to speak in the desire not to mess up my file. 
    • Emily Carrington78
      Natwest Bank Credit card debt - Moorcroft- Lowells- Overdales @overdalesSols

      By Emily Carrington78 · Posted

      Hi All, So brief outline. I have Natwest CC debt £8k last payment i made was 7th November 2018 Not a penny since. So coming up to the 6 year mark. Can't remember when i took out the  credit card would be a few years before everythign hit the fan. Moved house 2020 - updated NatWest as I still have a current account with them. Then Lowells took over from Moorcroft and were writing to me at my current address. I did get a family member to speak to them 3 years ago regarding the debt explained although it may be in my name I didn't rack it up then went contact again. 29th may received an email from overdales saying they were now managing the debt. I have not had any letter yet which i thought is odd?  Couple of questions 1. Does my family member speaking to lowell restart statute barred clock? 2. Do you think overdales aren't writing to me because they will back door CCJ to old address even though Lowells have contacted me at current address never at previous? ( have no proof though stupidly binned all letters  ) Should I write to them and confirm my address just incase? Does this restart statute barred clock? 3. what do you think best course of action is?   Any help/advice is appreciated I am aware they may ramp up the process now due to 7th December being the 6 year mark.   Many Thanks in advance! The threads on here have been super helpful to read.  

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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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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

2 defaults Egg and Vodaphone - Default hell!!

Sarrahk

By Sarrahk
in Credit Reference Agencies

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jimfishybob

jimfishybob

Posted
Posted

However, I still maintain that there is no point in pursuing the CRA for default removals. You need to pursue the person who is sending the data to them in the first place.

 

Agreed. They have far less to lose either way.

Smile:-The Ethical Bank:- Settled July 2006

HSBC:- Pre-lim sent 09/10/2006

LBA sent:-26/10/2006

Court papers issued:- 13/11/2006

Citifinancial/DLC:- Ongoing since 21st August. Now part of an OFT investigation into Debt Collection Practices.

I am only a Doctor of Love NOT Law. Don't blame me if me advice goes belly up!

:D (I will try to help all the same)

 

If i've helped, use the scales at the top to tell me how great I am!

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Ferru

Ferru

Posted
Posted

Thanks for your reply.

 

If someone were to take the CRA to court, and were to lose, it is likely they would end up with a massive legal bill, assuming the CRA get top barristers and solicitors to fight their corner?

 

Regards

 

Jeff

 

Well said, and hopefully one day we will be granted our day in court.

 

However, I still maintain that there is no point in pursuing the CRA for default removals. You need to pursue the person who is sending the data to them in the first place.

 

If on the other hand a person wants the CRA's to stop processing their data, then that will have to be court action. If it was to ever end up in Court and they lost, then their whole business model collapses.

 

I can see a CRA throwing mega bucks at this sort of action to defend their case.

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dayglo

dayglo

Posted
Posted

maybe. It all depends on the track your claim is allocated to, how well you present your argument and how well you manage your case.

 

That's part of the reason that I advise challenging the individual subscribers first.

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Guest Alison82

Guest Alison82

Posted
Posted

I have a question …

 

Once I get all of my charges back from all my accounts I will close all of those accounts (mainly store cards and catalogues that I will never use again). Once I do this I do not want this information to be shown on my credit file as I would like to take out a mortgage in a year or so. I would like to know which would be my best option in getting this done.

 

1. Write to the relevant company and ask them to stop processing my data (will this remove the account from the CRA file?)

2. Or write to the CRA’s and state that I haven’t given them consent to store my data once the account is closed (will this remove the account from the CRA file?)

 

I am not planning on doing this for a few months yet until my claim timetable has ended, so I will have plenty of time to read up on this and familiarise myself with the regulations and process

 

Any advice will be greatly appreciated.

 

Alison x

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dayglo

dayglo

Posted
Posted

Surly say's option 2 is the most efficient way and results in less letter writing if you have more than 3!

 

My experience is that the CRAs are harder to budge than the subscribers, I've had my limited success so far by badgering both although I have had to begin court action against the subscribers not the CRAs (yet!)

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Guest Alison82

Guest Alison82

Posted
Posted

I've been reading what you all have been saying, and it seems that this may be hard to prove as consent is't needed and they think 6 years is a resonable time!!

 

Will it look odd to a creditor if I only had 3 accounts in credit accounts in 6 years? as I wasn't to get rid of all of the bad ones and keep the good ones that are to show that I can run my accounts efficenlty.

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dayglo

dayglo

Posted
Posted

and therin lies the issue.

 

defaults are bad news regardless of whether they are settled or not, although their impact on your score does diminish in time.

 

You are correct that a 'low' number of credit accounts relative to the population as a whole has a negative impact on your score, but this isn't as big an impact as a defaults or 'accounts in arrears'

 

My advice is to work hard to remove all negative accounts on your file, by negative i mean anything with more than a few '2' markers on it. the odd '1's here and there are ok.

 

Once that has been achieved, (3 months I reckon!) work hard on keeping up payments on time with existing accounts. Don't apply for any credit for about 6 months and then you should be ok.

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Guest willowb

Guest willowb

Posted
Posted

 

I am interested to know though, if you were to effectively take yourself out of the automated searches, theoretically you could be penalised by the searching company, as they would assume that you have something to hide - or am I barking up the wrong tree?

 

A few people have brought this point back up but it has never really been answered fully (if I'm wrong then I'm sorry but I couldn't find any answers except that SB said that it hasn't affected him), seems like this needs to be answered before anyone thinks about doing it. I'd consider it but what implications for future mortgage applications etc would this have?

 

Can anyone be 100% sure that it wouldn't be damaging?

 

Wxx

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Tinkerbelle

Tinkerbelle

Posted
Posted
A few people have brought this point back up but it has never really been answered fully (if I'm wrong then I'm sorry but I couldn't find any answers except that SB said that it hasn't affected him), seems like this needs to be answered before anyone thinks about doing it. I'd consider it but what implications for future mortgage applications etc would this have?

 

Can anyone be 100% sure that it wouldn't be damaging?

 

Wxx

 

Where did he say that? He doesn't have a blanket ban on his Credit File, and as far as I'm aware no one on here has :grin:

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royboy68

royboy68

Posted
Posted

Hi Tink. What I think they are getting at is this quote from Surleybond in post 20.

 

Quote

"All I will say is that having removed two accounts that were in default, and then removing all historic accounts completely, has not affected my ability to get credit, and have just taken out two more phone accounts. However, that should also be viewed in the context that I also have a lot of the other 'plus' factors that are taken into account when credit scoring applications, namely marital status, 2 dependants, job type, length of employment, salary band, time at residence, homeowner, etc. All these, and more, are used in the overall score calculation"

 

Surely this reads that he has put the ban on automatic searches into place yet still was able to get 2 accounts that would usualy involve getting searched via the CRAs

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Tinkerbelle

Tinkerbelle

Posted
Posted
Hi Tink. What I think they are getting at is this quote from Surleybond in post 20.

 

Quote

"All I will say is that having removed two accounts that were in default, and then removing all historic accounts completely, has not affected my ability to get credit, and have just taken out two more phone accounts. However, that should also be viewed in the context that I also have a lot of the other 'plus' factors that are taken into account when credit scoring applications, namely marital status, 2 dependants, job type, length of employment, salary band, time at residence, homeowner, etc. All these, and more, are used in the overall score calculation"

 

Surely this reads that he has put the ban on automatic searches into place yet still was able to get 2 accounts that would usualy involve getting searched via the CRAs

 

No. What he said is that he removed two specific types of entries from his credit file.

 

Historical accounts, as in accounts that are no longer used, and defaulted accounts.:)

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royboy68

royboy68

Posted
Posted

I agree with what you say Tink. I can see how Willow could read it the way she has. As we always get told (read and read again) I did around 4 times with that statement coming to the same conclusion as Willow until the penny dropped and figured out that historical data could be removed without having the blanket automatic proceesing ban in place.

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royboy68

royboy68

Posted
Posted

Not as far as i have seen Willow. The problem i could see with doing this is that if the automated ban was in place and a search was made it would exclude any info that isnt in the public domain. So assume that you hive a high score (which probably wouldnt be excluded) then the company would probably grant the credit, however if the score was medium and they needed to check why and the info wasnt there then logicaly they would assume that you have something to hide and would either refuse or contact you for more information.

The second option would probably be out of the question for 2 reasons being firstly most searches are only concerned with the actual score as they are automated and secondly the staff probably havnt got enough interlect to process the information thats put in front of them as I have found out to my cost.

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Rosemary

Rosemary

Posted
Posted

I've had an interesting comment from GE Money:

 

"Ge Money disagrees with your interpretation of section 12 of the Act. It is only when a decision is made by automated processing that you are permitted to make an application for this decision to be reconsidered manually. This section applies where credit decisions are made at the point of application. if you have been declined for credit and the lender concerned confirms that the decision was made via an automated process, then you have the right to appeal against this decision and request that you application be manually reviewed".

 

Huh?????????? :|

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Stuart_in_the_red

Stuart_in_the_red

Posted
Posted

having a problem with Natwest, I asked them for a copy of my credit agreement with them for a credit card which they have supplied (I think, it is an application for credit?) and also a signed true and certified copy of the original default notice.

They have sent me a standard letter generated from there system because they say this is how they hand out default notices. because of this, they are unable to supply me with a copy of the original default notice as these are not kept.

They said that they feel that they are not in breach of section 78 of the Consumer Credit Act, I think they are but am looking for some clarification before sending them another letter, any help would be very much appreciated.

Also, does anyone know where I can see a copy of the act? Been searching but with no joy!

Stuart

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Tinkerbelle

Tinkerbelle

Posted
Posted
having a problem with NatWest, I asked them for a copy of my credit agreement with them for a credit card which they have supplied (I think, it is an application for credit?) and also a signed true and certified copy of the original default notice.

 

They have sent me a standard letter generated from there system because they say this is how they hand out default notices. because of this, they are unable to supply me with a copy of the original default notice as these are not kept.

 

They said that they feel that they are not in breach of section 78 of the Consumer Credit Act, I think they are but am looking for some clarification before sending them another letter, any help would be very much appreciated.

 

Also, does anyone know where I can see a copy of the act? Been searching but with no joy!

 

Stuart

 

Have you had a look in the Library? :rolleyes:

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