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As it has been placed on his CRF and it is clearly SB and incorrect, first get in touch with the CRA, tell them to remove the incorrect data immediately and ask for a copy of their complaints procedure, they will simply say that they cannot remove it, only the OC or DCA who placed it there can do so.

 

For every incorrect entry on a persons credit file, the claim for damages currently stands at £1000, per incorrect entry!:D

 

I have written to expirien,arrow global and BC,clearly outlining the debt is not his and it's SB'd anyway.

The statement BC sent had an address OH lodged at when working away,he never ever used that address for anything else.

I have demanded that AG remove the default in the letter i sent them.

I expect a knockback but i won't let this drop,i will sue for damages.

I have sent complaints to just about everyone i can think of,it was the DCA that placed the default on his file,the OC have marked it satified,2005

Was obviously when the debt was sold on to arrow.

 

These people clearly have to be reigned in,it's a disgrace they can do this to a person's file.

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I got a letter from BC today. Some crappy script font, second class stamp. Final notice sent 28th Oct giving me until the 4th Nov to make a payment. The usual sent it slow, make them ring crap. With an application form with no prescribed terms I wish BC luck. Costs will be claimed if they dare carry this sh*t on!

 

 

They obviously think people are stupid,even though the date's on the statement BC sent my OH means it's statute barred,but he still ask's him to contact with a payment plan:rolleyes:.

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Bryan Carter was the only one to file a county court summons against me. This was back in 2005. He made a claim for 10% of the debt just to cover his fees, like others have said on this thread. When I filed a defence, he served a Notice of Discontinuance, saying that no further action will be taken anymore.

 

bsj I think you should take AG to court for default removal and damage to credit reputation. As Bazooka says, you can claim £1,000 per incorrect entry (Kpohraror v Woolwich Building Society [1996] 4 All ER 119). I've submitted a county court claim against a DCA because of a default on my credit file using this case - you can check my thread for the wording (although I can't guarantee it will work for you - I've recently submitted it to the court).

Hacksaw -v- Allied International Credit/Fairmile Partnership (incorrect Default) **WON** £150 out-of-court settlement

Hacksaw -v- Carphone Warehouse **WON** Default removed after LBA

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Bryan Carter was the only one to file a county court summons against me. This was back in 2005. He made a claim for 10% of the debt just to cover his fees, like others have said on this thread. When I filed a defence, he served a Notice of Discontinuance, saying that no further action will be taken anymore.

 

bsj I think you should take AG to court for default removal and damage to credit reputation. As Bazooka says, you can claim £1,000 per incorrect entry (Kpohraror v Woolwich Building Society [1996] 4 All ER 119). I've submitted a county court claim against a DCA because of a default on my credit file using this case - you can check my thread for the wording (although I can't guarantee it will work for you - I've recently submitted it to the court).

 

 

I'll take a look at your thread,i think it may well take court action to resolve this issue.

BC seems to do alot of the above from what i read,i am expecting him to try the CCJ route,so i am prepared to fight back on pricipal.

 

I realise there are no guarantee's i suppose it depends on what judge you get on the day.

Do'es seem as if the court process is a bit of a lottery,i'll see what reply i get from AG,if any.

Do i need to send them a letter before action,before i apply to the court?

 

Thank you for your help (again):)

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Yes, you have to send them an LBA first. I modified this letter slightly, as my case didn't have any bank charges issues, just Data Protection issues:

 

http://www.consumerforums.com/resources/templates-library/49-challenge-a-default-on-a-disputed-account/94-disputed-default-letter-before-action-to-your-bank

Hacksaw -v- Allied International Credit/Fairmile Partnership (incorrect Default) **WON** £150 out-of-court settlement

Hacksaw -v- Carphone Warehouse **WON** Default removed after LBA

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Thank you hacksaw,will amend as this is data only too.

 

I checked to see if my letter has been delivered and it's been signed for.

 

See what i get back from them.

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Nothing back from BC since i sent the statute barred letter,but received a letter from Freds,threatening court action if the amount owing is not paid within 48 hour's.

They are kindly offering a discount as a gesture of goodwill at this late stage:rolleyes:.

What should my reply be to them.

 

308i8p5.jpg

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.

 

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17 Port & Maritime Regiment RCT

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Make a complaint to your local trading standards & the OFT with regards to their harassment and threats, they are in clear breach of OFT guidelines & CPUT ;

 

Consumer Direct - Contact us

 

OFT Complaint form

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/DebtCollectionComplaintForm.DOC

 

The Office of Fair Trading: Contact us

 

debtcollectionguidance@oft.gsi.gov.uk

 

 

tel: 020 7211 5823

 

The Office of Fair Trading: Debt collection practices

 

http://oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

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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They have failed to respond to your dispute and are still continuing to harrass you this is against CPUTR2008 in line with the OFT's guidelines....

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

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Make a complaint to your local trading standards & the OFT with regards to their harassment and threats, they are in clear breach of OFT guidelines & CPUT ;

 

Consumer Direct - Contact us

 

OFT Complaint form

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/DebtCollectionComplaintForm.DOC

 

The Office of Fair Trading: Contact us

 

debtcollectionguidance@oft.gsi.gov.uk

 

 

tel: 020 7211 5823

 

The Office of Fair Trading: Debt collection practices

 

http://oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

 

 

I lodged a complaint with all the above,so i'll forward their lastest drivel onto them.

Thanks again.

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He's now written just to state the account has been refered back to AG,and the account is on hold awaiting their instructions:rolleyes:

 

It's becoming tedious.

 

Why do the relevant bodies not do their job:(

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