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    • All righty, seems I know why it was so quiet, basically the case was in transfer. I just got a letter from my local county court stating that they will be now taking over from Nots (dated 28 May 2024, wow) But no other correspondence so far. Will keep you posted
    • Hey,  I've messaged my husband but he is not contactable while he is in work. As soon as he is on his way home I will find out which finance company we used. I'm so sorry, I just don't know.
    • Okay, I have read your claim form. A pity you didn't come to us earlier. You haven't pleaded any legal basis for your claim and you haven't cited the Contracts (Rights of Third Parties Act. How long have you been aware of this forum? We will have to bring that out later when you do your witness statement. Once again, do the reading very carefully. I suggest that you wait until Monday before coming back here and confirming that you have read everything. And in particular, as I have indicated, read the thread which I posted above very carefully and in particular we the details of the contractual terms which were discovered and get a copy for yourself. Post a link to them in this thread as well for other people to see. They are relying on the fact that you don't have a direct contract with them and they are referring to a contractual term which is apparently in the contract between them and Packlink which specifically excludes third parties. You will definitely want to see this. They have tried to rely on this before but they have never produced the contract. In your witness statement you will have to request that they produced the contract in court. In terms of the mediation, frankly we would have advised you to decline mediation. It's all done secretively. Nothing is ever revealed and of course they will try to get you to compromise on the amount of money you are claiming. We would strenuously suggest that you don't give up a single penny. Do the reading that I have suggested, find the details of the contract which I have told you about which accepts direct liability to you, the customer – and post it here.
    • If there is no reply to the "nasty" mail in 48 hours, then please come back here and we can assess what to do.
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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      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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CRA's and previous addresses


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After recently searching the CRA's reports I have found I am linked to several addresses I have never lived at. Since 1982 I have only lived at two UK adresses. I have spent large amounts of time abroad so there will be gaps in my address records.

 

How long do previous address remain on my Credit File?

 

How do I go about removing the incorrect information from my Credit File as after reading through these forums it seems CRA are very reluctant to remove any data from there systems.

 

If facing an uphill struggle with all three major CRA's with incorrect data etc.

 

Any help would be appreciated.

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from what I understand its down to the companies who registered the addresses as linked to remove them NOT the CRA's. So as far as I understand its a waste of time as we all know it is almost impossible to get anything removed from you credit file regardless if the information is worng or not without going to court.

 

From my current understanding after spending the last month researching CRA's, defaults, CCJ's etc the only way something is 100% removed from your file is after the 6 year rule. As we know the system is open to massive abuse by the CRA's and DCA's safe in the knowledge that court action is our (the public) only route to any form of justice.

 

You have to ask yourself when a CC judge accepts that by just posting a CCJ (normal post not recorded or special delivery) is sufficent and evidence that it has been received and accepted ???? Where is the hope when such lax methods and rules are allowed to exist, without having any regard for the plantiff in such a matter which can have such dire consequences to ones credit etc.

 

The system stinks.

Edited by 247orbital
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your information MilkTrayMan is about as much use as chocolate tea pot to be honest. I want guidance from members who have first hand experience with my type of problems, not links to the very companies who have abused my personal information.

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  • 2 weeks later...

Is it still possible to receive credit reports from the big three Equifax, Call Credit and Experian without having to use a bank card etc? I have a friend who needs his credit reports but does not have a bank card.

 

Address please of who to send the postal orders cheques to?

 

Thanks in advance.

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Call Credit Ltd

One Park Lane

Leeds

West Yorks

LS3 1EP

 

Experian

Landmark House

Experian Way

NG2 Business Park

Nottingham

NG80 1ZZ

 

Equifax Credit File Advice Centre

PO Box 1140

Bradford

BD1 5US

 

If you want something done do it yourself! You'd think these addresses would be in a sticky somewhere.

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  • 2 weeks later...

Can I remove my permission for the three main credit reference agencies to proccess my data?

 

If it is possible do I have the option of re-instating it at my discretion?

 

I ask this as I do not feel the need for three seperate CRA's. I would prefer my information is held by one (of my choosing) or none at all.

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NO In a word

 

Public data like CCJ's, Voters Roll they purchase etc.

 

But for data that deals with your loans, credit cards, mortgage, Hp etc etc is data actually owned by the lender who choose to pass it to whichever agency they like, this is built into the conditions of any agreement you sign. The CRA's then keep the data for a period which is no longer than neccasery i.e 6 years after you settle etc.

 

I hope this is helpful?

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I have just phoned British Gas and challenged the call centre operative as why they are reporting to Experian about my account, he said that I gave them permission when I started using their service and that I had signed to agree. I told him I had not signed anything and should produce a contract with both parties signatures on it, to which he said you agreed verbally. I told him I had agreed to take a gas service which is not a credit account and therefore not regulated under the CCA 1974, I told him that this practise should cease forthwith. He didn't have a clue apart from parroting the standard stuff. He went away for an extended period and came back to say he will pass my query onto their data team who will contact me in due course. Watch this space!!

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  • 3 weeks later...
  • 4 weeks later...

Who's actual responsibility is it when it comes to listing my data on a credit file?

 

I was under the impression it was the CRA's duty to check information is correct before listing and such it is them who I contact should I have any reason to believe any information is wrong.

 

I have written to two CRA's and as yet have not even received a reply.

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It is down to the creditor who you have your accounts with.

 

CRA's are supposed to ask the creditor to substantiate the data they provide but more often just take their word for it.

 

If you beleive it to be wrong you will have to contact the original creditor asking them to correct it.

 

Can be a long haul though so good luck.

IVA Entry Removed

Nationwide Default Removed

Nationwide Joint Account Default Removed

Natwest Default Removed

Blackhorse Car Finance Court Claim - Won

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Who's actual responsibility is it when it comes to listing my data on a credit file? - the cra only lists what is provided by the creditor

 

I was under the impression it was the CRA's duty to check information is correct before listing and such it is them who I contact should I have any reason to believe any information is wrong. - it supposedly is but do they??? - and as they are funded by the creditors do they care

 

I have written to two CRA's and as yet have not even received a reply. - now ask for thier complaints procedure, but to be honest you are wasting time with these firms, they dont care and they dont give a damn

 

PGH

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Probably the best way but easier said than done.

 

Although if found to be incorrect the courts would order the removal of the incorrect data but as for compensation you would have to show what loss or damage you have incurred as a result of the data been on your file.

IVA Entry Removed

Nationwide Default Removed

Nationwide Joint Account Default Removed

Natwest Default Removed

Blackhorse Car Finance Court Claim - Won

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Looking through my Equifax credit report I have found two listings for one debt.

 

I have a default for a Natwest account from 2005 the debt becomes SB in August of this year (I have the statements to prove this). However the listing on my CR shows a default from Natwest and a default from Lowell Portfolio 1 Ltd. The default dates are different by 4 months and the default balances are different.

It is 100% the same account as the start dates and current balances are identical. However the Natwest default dates is 4 months later than the Lowell date? Both listings drop of my credit file next year.

 

Any thoughts?

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It looks like Lowell have added the default also when they have gained the account.

 

You need to find out if Natwest have legally sold them the debt this will determine who has the right to place the default.

 

Only one default per account is allowed but it depends who currently owns the debt as i said.

IVA Entry Removed

Nationwide Default Removed

Nationwide Joint Account Default Removed

Natwest Default Removed

Blackhorse Car Finance Court Claim - Won

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