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    • Merged witness and draft defence, deleting some paragraphs.. still too long?   1. I understand that the Claimant obtained a Default Judgment against me as the Defendant on 10 November 2021. However, the claim had not been served at my current address. Therefore, I was not aware of the County Court Judgment until I received a notification that it had been entered on my credit report. 2. On learning of the County Court Judgement on 15 November 2021, I immediately contacted County Court Business Centre to find out details of the Default Judgment. It was only at this point that I discovered that Capquest Investments Limited was the Claimant and that the judgment was regarding monies owed on an alleged credit agreement. On 17 November I received a copy of the judgment from the County Court Business Centre by Email. 3. I now know that the judgment was served at an old address (xxx). However, I moved to a new address on 8 January 2021 with my tenancy at the old address ending 5 February 2021. In support of this I can provide confirmation of two (2) Council Tax bills for my current address (xx) and previous address. See [EVIDENCE A and B] 4. On 12 September 2018, the Claimant wrote to the Defendant clearly stating that following a request from the Defendant for a copy of the signed Consumer Credit Agreement with the original creditor, that one did not exist. I had no reason to believe this situation has changed to date and, the Claimant having already written to my new address reporting of default sums notice under the the Consumer Credit Act 1974 did, purposefully, use an old address to gain a Default Judgement. See [EVIDENCE C] 5. I suggest the Claimant did not make reasonable enquiries as to my current address before pursuing the court order especially considering they had good reason to believe they did not hold my current contact details. As stated in the Civil Procedure Rules CPR 6.9(3) where a Claimant has reason to believe that the address of the Defendant referred is an address at which the Defendant no longer resides or carries on business, the Claimant must take reasonable steps to ascertain the address of the Defendant’s current residence or place of business. At the time of the County Court Judgment, my credit file showed my current address so I was there to be found by a simple trace. See [EVIDENCE D]. 6. The Claimant sent a letter dated 27 October 2021 to my current address which I received on 9 November 2021. This equates to only twelve (12) working days between the Claimant filing the claim and producing this letter. I must question why the Claimant would use two different addresses in such a short space of time if there was any doubt I no longer resided at the address they had on record. See [EVIDENCE E]. 7. On the basis provided above I would suggest that the Claimant did not fulfil their duty to use the Defendant’s current address when bringing the claim. 8. Considering the above, I as the Defendant was unable to defend this claim properly. I thus believe that the Default Judgement against me was issued incorrectly and thus should be set aside. 9. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 10. Paragraph 1 is noted. I have had an agreement in the past with Shop Direct Finance Company Limited but I do not recognise the account number referred to by the Claimant.  11. Paragraph 2 is noted but not admitted. The Claimant would not be aware of any alleged breach or in a position to plead such fact as an assignee as the Defendant did not enter into any agreement with the Claimant and is therefore put to strict proof to verify the alleged statement of its particulars. 12. Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served.
    • Evening dx will do, can I just ask what WHY is or have I just read it wrong?
    • So Xbox support came back to me with the expected decline of my request for the refund.  They cited the fact that the purchase occurred more than 14 days ago which goes against their refund policy.  So I've now had three refusals to refund for two different reasons.   I think I now need to show them we are serious and send them something more formal.  Would this be a letter of claim or is there anther step before that?   I've also been trying to figure out where to send any further correspondence as at present its all been done their online messaging platform, which doesn't feel formal enough...    
    • UPDATE:   Received 'Notice of allocation to small claims (hearing)' on Friday. Could somebody explain 4. please?     notice of allocation to the small claims track (hearing) REDACTED.pdf
    • its a letter of claim. you must reply   copy the 1st page and staple that to a new copy of our SB letter.   also keep a log of letters/texts/emails/call or WHY as under CONC that might later be useful
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Credit History.... Help!


Scrappy01
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I have had bad credit, a number of defaults and a CCJ. Everything has now been removed except for 3 cards with some late payment information and arrangement on up to 2007, in late 2006 or 2007 these cards were all paid off.

 

I have checked my file with Experian and they give me a credit score of 900 out of 1000 and they say that I am "very credit worthy and low risk" and that nothing is having a negative impact on my scrore.

 

For some reason though I still cannot get credit. I applied for a Virgin credit card so I could get away from my high interest Capital One card. They refused me. I also applied for a job with the Co-Operative bank and they refused me the job (I believe on the grounds of my credit history). I'm going for another job tomorrow and might have to be Security Cleared so really panicing that this will fail too.

 

Can anyone help me to figure out what's going on......?!?!?

------------------------------------------------

HFC, PPI - With FOS

NatWest, Default Removal - In Progress

Intelligent Finance, Default Removal & Charges Claimback - In Progress

HSBC, Default Removal & Charges Claimback - In Progress

Abbey, Bank Charges - In Progress

------------------------------------------------

Lloyds, PPI **WON**

Halifax, Charges - Court Claim **WON** Donation Made To CAG

GE Money, Charges - Court Claim **WON**

GE Money, PPI **WON**

HFC, Charges **WON**

Halifax, PPI - Court Claim **WON**

Vodafone, Default Removal **WON**

------------------------------------------------

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DON'T trust the credit score figures you get from Experian.

 

They are nothing more than a marketing gimick. The same can be said for Call Credit.

 

Every creditor has a different score sheet and will give you a different score based on the same information, depending on what their score sheet weights the most / least.

 

I (others may disagree) have found the Equifax score to be very useful. Not because the score itself is accurate, but because it gives very useful guidelines in regard to what is positively and negatively affecting your score.

 

If you've had missed payments / arrangements to pay in the last three years you'll have great difficulty getting a card like Virgin / MBNA.

 

Check to see what Equifax say and go from there ;)

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I called Virgin yesterday after posting and they said that its not anything such as late payments etc thats preventing me from getting their card.

 

Apparently its because I already have a credit card with a balance but I only pay minimum payment. I only have a £500 limit and its not up to that but they say that with my salary they would expect me to clear it each month. I did point out I had a mortgage and other bills to pay so clearing up to £500 a month wasn't really possible.

 

I thought that was a rubbish excuse to be fair. Surely they like people who only pay minimum payment. If I paid it of every month then they would never make a penny out of me. But then I suppose their card is 0% for 16 months so they wouldn't make anything anyway as I was going to balance transfer but hey ho.

 

I will drag out my paper work for Vodafone and let you know what I did. I will say though that the default was incorrect. They defaulted me twice on 2 different months and they also had the dates incorrect by some months. They wouldn't admit any wrong doing on their part, but all of a sudden the record disappeard from my credit files!

------------------------------------------------

HFC, PPI - With FOS

NatWest, Default Removal - In Progress

Intelligent Finance, Default Removal & Charges Claimback - In Progress

HSBC, Default Removal & Charges Claimback - In Progress

Abbey, Bank Charges - In Progress

------------------------------------------------

Lloyds, PPI **WON**

Halifax, Charges - Court Claim **WON** Donation Made To CAG

GE Money, Charges - Court Claim **WON**

GE Money, PPI **WON**

HFC, Charges **WON**

Halifax, PPI - Court Claim **WON**

Vodafone, Default Removal **WON**

------------------------------------------------

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I remember when I applied for an MBNA card many years ago and they turned me down because my cards were too close to their limits.

 

I can see their point though, if you have a card with a small limit, you should be able to clear most of it each month. Keep in mind MBNA / Virgin normally accept people with whom they feel comfortable handing out £2500+ limits to.

 

It might be worth considering an RBS Group card like the Tesco credit card as they can be more lenient and have a rate for risk policy so they may just give you a higher interest rate (still WAAAAY lower than Crapital 1) rather than saying no.

 

I'd wait a few months before applying though as two credit card applications in quick succession mighn't look great.

 

RE: Vodafone, thanks for any input you can offer - I suppose I should SAR them to try and find as many discrepancies as possible and pull them up on every single one. As it stands I've sent their compliance team a letter demanding removal of the default on the basis that 1) a final reminder / paper default notice was never issued and 2) the DCA agreed to remove the default notice altogether if the balance was cleared in full (which it was).

 

Just waiting to see what they come back with...

 

... Good luck with Tesco when you decide to re-apply (as I say, try to wait for as long as you can bear to) ...

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