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    • ah good. changes things then. but you must reply to them within 30days. we'll deal with that later.   now why are you getting this letter if the agreement you said earlier is in your brothers name? should be in his name its also not on that they did that, it was obvious you could not get the credit , so can you clarify please who's name is on the agreement too?   what is also not very nice either is they scammed you into handing the car back under i would assume voluntary surrender, whereby you owe everything, rather than telling you you could voluntary terminate only owing to the 50% mark.   can you expand upon the how the handback came about and what they did and didn't say?   all of the above if true bodes well to p'haps buffing this debt away .   dx
    • Hi dx,   The letter does not have any title but, it does have attached to it a reply pack with an income and expenditure form included.   No problem, I'll scan and upload the agreement tomorrow so you can have a browse. Just as an aside, the agreement does say on the top of the page hire agreement regulated by the Consumer Credit Act 1974. So I was wrong.   Thanks!
    • Thank you both. My defence was as vague as their Claim.   1. I am the defendant in this claim and litigant in person. All allegations made by the claimant are denied.   2. The defendant does not recognise the alleged agreement xxxxxxxxxxx as mentioned in the particulars of claim therefore it is denied that any such agreement exists.   3. The defendant has requested copies of the alleged agreement under Data Subject Access Request, Consumer Credit act 1974 s.77/8 and Civil Procedure Rules 31.4 but to date the claimant has failed to provide a copy of this document.   4.The defendant has also requested copies of the default and termination notice for the alleged account xxxxxxxxx as required to legally enforce the alleged debt, but again the claimant has failed to provide either.   5. In addition the defendant has requested copies of statements for the alleged account xxxxxxx showing the amount of monies allegedly owed to the claimant. To Date these have not been provided.   6. The defendants view is that this claim is vexatious and an abuse of process as the claimant has failed to provide any documentation to support their claim and respectfully requests that the said claim be struck out.   As an aside, I noticed that the 'statement' they did provide had a different figure on it to what they are claiming, so I will hopefully be able to flesh out quite a bit in my skeleton argument.   Spam 
    • 80% refund sounds like a very good deal* as they are entitled by law to deduct an amount from the refund to reflect the use you have had of the item over the 12 months it has been working.   So you could argue that a deduction of 20% for one year indicates that they expect it to last for at least five years, and probably longer.     * Think about it this way - would you pay 80% of the value of a brand new iPad to buy a second-hand one that somebody else has been using for over a year, or would you expect to get it cheaper than that?
    • Hi WoodDD.. Neither Case was cited in the VSC WS... however, MR D form VCS threw in VCS v Ward & Idle for the Judge to consider during the hearing. The Judge did not have time to review this. I believe he may have had a quick scan but decided it wasn't relevant at the time.. By not relevant, he didn't elaborate if it was not admissible or anything else..   Hope this helps..   Regards Tom     
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
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      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
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dual citi/DCA entry on Credit File


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Have been reading for weeks and weeks and weeks now, there is so much good material on this forum but wading through it my eyes are bleeding.

 

First question (one of many so please be patient)

 

Two entries on my credit file are for the same debt, one by the original lender or credit card company, the other by the person collecting the debt or maybe who have purchased it.

 

How does one have the file amended if indeed it is able to be amended?

 

Also, the debt agency or have bought it or are collecting it have added a good few thousand to the debt in what I can only assume is interest. Is this allowable?

 

Does anyone have any idea on this?

I reside in Dawlish Warren but am not a rabbit.

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It really depends on what the entries are, if they are defaults only one default can be registered against a debt.

 

You should raise it with the credit reference agency, it's their responsibility to ensure the entries are correct.

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I believe this is fairly normal. I had a default from a CC company, as soon as the DCA got hold of it they plonked another on it. The CRA forum has lots of this sort of stuff. IIRC some people have had them removed by sending in a robust letter but I think its the exception. Personally, I couldn't give a monkies ar5e because my file is shot to pieces.

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I have got 2 defaults for the same debtbut different amounts. The first one by the mobile phone company 3 for £132 then another this year by Lowell (who have purchased the debt) for £187. It looks to me like Lowell have added their own charges. I am currently disputing the entire debt but Lowell added the default in April when i stopped paying them.

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I had a default on an aledged Citi card, then a default appeared for the same amount on a 1st Credit loan. I contacted the CRA and the citi default disapeared. I never took out a loan with 1st and never got a notice of assignement form citi, all i've had from citi is a letter telling me if i still had an account with them and i got something abroad i would still be covered.

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Did you get a termination notice and a notice of assignment from the original crediter. If yes the DCA cannot add interest as the agreement which allows interest has been terminated. If you didn't then the DCA still can't add interest as you don't have an agreement with the DCA. There are cases where interest is allowed but we need more info on what you've had by way of notices.

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  • 3 weeks later...

Applied for credit file on their free trial...

 

Credit file is smashed.

 

Noticed a duplicate entry for the same debt, one from the original lender the other from the DCA.

 

Spoke to Experian who stated that they would write to both of them asking for clarification and that it typically takes 14 days to sort out.

 

21 days later and the entries have been updated on the credit file in the usual monthly fashion AND there are still two entries.

 

Spoke to Experian again who said that if nothing is heard from them (and todate nothing had been heard from them) then they would keep writing, however Experian cannot sort the duplicate stating that the lender and dca add to my file so it must come from them.

 

This sounds tupid to me, if my file is showing two records for the same debt and neither of them are responding to requests to sort it out then surely after an amount of time the entries should be deleted?

 

In any case, I will be sending off for a copy of my CCA to the people I pay the money for the debt to (the dca) and I'll take it from there.

 

Thing is, like another debt I'm just starting to try and sort out the dca have added interest to the account, the lender shows the default amount and reduced amount but the dca shows the default amount and considerably more has been added on (as in almost 3k for what I can only assume is interest)

 

In this case it is citi-financial the creditor...(although it was never with them but with another company, citi-financial took them over and I think citi-financial have changed since..not sure) and the dca is Hillesden who use a dca called DLC...

I reside in Dawlish Warren but am not a rabbit.

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The CRA have a legal duty to find out who the debt belongs to. You can only have one entry for each account and it is their responsibility to ensure that the data is accurate.

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You'd like to think so wouldn't you...but thre weeks on and the file has received it's monthly update from both the creditor and the dca but experian stated that they would just keep writing to them but if nothing was heard they wouldn't be able to deal with it but would continue to request it dealt with.

I reside in Dawlish Warren but am not a rabbit.

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Experian cannot sort the duplicate stating that the lender and dca add to my file so it must come from them.

 

Experian also have a legal obligation to hold accurate data. If there is a possibility of data being inaccurate Experian can remove it.

 

You need to be firmer in your letters to Experian. Point out it is their responsibility to settle a dispute, as a CRA they should be fully aware you cannot have 2 live entries for one debt, give them 7 days to correct the information or remove it, state you will take the matter further naming Experian as an offender.

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If it is stalemate then it's one for the Information Commissioner. I would certainly tell Hillesden that you are making a formal complaint to the ICO about the duplicate entry - they have been taken to task about breaching the DPA 1998 before.

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What dept at Experian do I write to re the removal of an entry?

 

One assumes Credit Expert is actually Experian

I reside in Dawlish Warren but am not a rabbit.

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What dept at Experian do I write to re the removal of an entry?

 

One assumes Credit Expert is actually Experian

 

I think you are better phoning them to be honest, from previous experience. If they do not adhere to your complaint contact the ICO as pinky has stated:-

 

https://www.ico.gov.uk/Global/contact_us.aspx

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I think you are better phoning them to be honest, from previous experience. If they do not adhere to your complaint contact the ICO as pinky has stated:-

 

https://www.ico.gov.uk/Global/contact_us.aspx

 

Phoning does not show a record. Writing is much better. There are contact details on their website.

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Experian have always used a standard letter to me when I've queried inaccuracies that say along the line of "we've contacted the organisation who added the entry and they advise it's correct".

 

Funny how this has happened 3 times now for 3 different companies, yet Call Credit and Equifax both get no response from all 3 companies.

 

Smells of something brown to me.

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Experian have always used a standard letter to me when I've queried inaccuracies that say along the line of "we've contacted the organisation who added the entry and they advise it's correct".

 

Funny how this has happened 3 times now for 3 different companies, yet Call Credit and Equifax both get no response from all 3 companies.

 

Smells of something brown to me.

 

 

Oh the answer to that one is......Because we are a more respected company who dont get anything wrong.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

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Phoning does not show a record. Writing is much better. There are contact details on their website.

 

 

Understandable writing is much better, however, a first point of call would be beneficial by phone in my opinion, then the OP can speak to the ICO instead of wasting time sending letters, left, right and centre, just my personal experience, which has worked;)

 

Regards.

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I've now done both, I sent a letter in requesting the info be removed and I spoke to a supervisor of the customer services who arranged a call back and who did call back and informed me they would write to the initial creditor with a view to updating and if nothing was heard they would write again but would also other options. The duplicate entry is easy enough to see so it shouldn't be a problem.

I reside in Dawlish Warren but am not a rabbit.

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I have indeed taken a copy of the entire selection both by printout and by way of a screenshot, was the first thing I did.

 

I have since had an email (my requested form of contact) for expert stating that they are looking in to it and would I like to add any comments to the file which if I do has to be made in writing.

I reside in Dawlish Warren but am not a rabbit.

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  • 2 weeks later...

as in have recently sent out some CCA requests....

 

but who do I subject access is is DLC / Hillseden or Citifinancial? (the account was originall Peoples Bank but it change to Citi and then Citi-Financial...

 

Where is the definitive subject access letter here and what is the charge? £10? postal order?

I reside in Dawlish Warren but am not a rabbit.

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