County Court Claims

[Jamesx81x]

Hi

 

I am going to issue a claim against a creditor for the removal of a default notice on my credit file as i am fed up of hitting a wall every time i talk to them.

 

Would it be the Form N244 i used to do this?

 

Thanks

[Michael Browne]

I am going to issue a claim against a creditor for the removal of a default notice on my credit file

On what basis do you think the default should be removed?

[Jamesx81x]

As there is no debt to answer, they hold no copy of the alleged agreement and no copy of the default notice they have placed on my file.

 

After requesting they substantiate their claim with evidence they sent me a copy of a an application filled in by themselves and a copy of a default notice.

 

Furthermore in a letter sent by themselves they stated even if they did not receive a copy of the signed agreement by myself they can still make an entry on my file. What planet they on?

 

Thanks

[Michael Browne]

As there is no debt to answer, they hold no copy of the alleged agreement and no copy of the default notice they have placed on my file.

 

After requesting they substantiate their claim with evidence they sent me a copy of a an application filled in by themselves and a copy of a default notice.

 

Furthermore in a letter sent by themselves they stated even if they did not receive a copy of the signed agreement by myself they can still make an entry on my file. What planet they on?

 

All that means is that the debt is unenforceable, it does not mean there is no debt to answer to or that the debt no longer exists.

 

Did you borrow the money? Have you made payments on this debt? Why did you stop making payments? These are questions a judge is likely to ask you. How are you going to answer them?

[Jamesx81x]

Easy by no debt to answer i mean i never received goods from this company.

[BankFodder]

If you are not claiming any money then this is a straight part 8 claim which is started using form N208 http://www.hmcourts-service.gov.uk/HMCSCourtFinder/GetForms.do

 

I think that the fee for starting this claim is £150 which you will get back when you win. there are no default judgments. there ha to be a hearing - even if they do not respond by the deadline for filing a defence.

 

If you have all of your evidence then the case should be clear cut and the other side may even focus themselves and try to settle before the hearing. Your action will be under the Data Protection act and you can claim compensation of you have suffered damage, loss or stress

[BankFodder]

Did you order goods?

[Michael Browne]

Easy by no debt to answer i mean i never received goods from this company.

Ok, sorry I assumed this was a loan etc. Perhaps you could give some more details.

[Jamesx81x]

No i did not order anything from them but they are saying i did, yet they hold no evidence to suggest otherwise. No monies are been claimed i just want the default off my file.

[Jamesx81x]

On what grounds can i claim compensation and how to do you work out how much to claim?

 

It has caused me stress as my current employment requires financial vetting and this default along with a few for bank charges has flagged up on a recent vet and now they are digging deeper.

Edited August 27, 2009 by Jamesx81x
spelling

[Michael Browne]

Perhaps you could give some more details.

 

No i did not order anything from them but they are saying i did, yet they hold no evidence to suggest otherwise. No monies are been claimed i just want the default off my file.

This doesn't really explain anything. Previously you mentioned an alleged agreement, then not ordering or receiving goods. You really need to give a full account of exactly what has happened, otherwise people can't advise you.

[Jamesx81x]

On checking my file i noticed the default from Studio.

 

After asking them about it they claimed it was for an outstanding debt for goods i had received and not paid for.

 

Advising them i had no debt with their company i then made a CCA request for a copy of the agreement they alleged existed and a copy of the default notice that would be required to make an entry on my file.

 

To no surprise they could not supply me with any relevant paperwork which i expected as there wasnt any to send me. Instead they sent me a copy of an application filled in by them and a standard copy of a default notice they said i would have received.

 

The bottom line is there is no debt or goods received from this company yet they continue to maintain there is an outstanding debt. The only thing i have ever received from them is a catalogue.

 

They continue to keep the default on my credit file with no legal right to do so and i want it removed.

 

Hope that clarifies the situation.

[Michael Browne]

Then I would file at court as per post 6 above