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    • I think it was from 18months ago.    You’ll probably think I’m fussing again but I’ve got a feeling they’ll take mine further due to the shear amount that is owed, I’ll be astounding if they don’t. 
    • as I said read the date of the thread many moons ago.   its not illegal either, debt is a civil matter not a criminal one.   dx  
    • Hi Andy   Thank you for the link, it was very helpful, appreciate it.    I was actually made to feel quite 'stupid' and felt as if i was wasting the forums time on this thread after DX's comments in post #38.      Please see attached the necessary documents, please do let me know if you require anything else, many thanks.   Files attached:  - Default Notice   - statement of Default Notice  - Reconstituted Agreement & T&Cs - 3 different sets   P.S - sorry about the quality of the T&Cs, the high quality files were too large and had to reduce them.   Thanks, Roland   Exhibit JK1.pdf
    • If it’s so easy to get shut of a PayPal negative balance how come everyone doesn’t do it as such? I guess it’s morally wrong but not illegal!?    I read a thread were a PayPal employee said “paypal WILL take you to court and WONT let it lie, they have a specialist team that chase negative accounts over a ceratain amount which I’ll defo meet that criteria 
    • date of claim 14th November (2019)   What is the claim for – the reason they have issued the claim?  1) The claim comprises the following agreement the defendant entered into: a. JD Williams & Co with reverence 1234567 and current balance of £559.77 The agreement was terminated as payments were not maintained and subsequently assigned to the claimant. And the claimant claims: a) The said sum of £559.77 b) Interest pursuant to # s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, but limited to one year, being £44.ui c) Costs   What is the total value of the claim? £735   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes  Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No Did you inform the claimant of your change of address? Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Catalogue   When did you enter into the original agreement before or after April 2007 ? Before   Do you recall how you entered into the agreement...On line /In branch/By post ? I think by post   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? No   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt purchaser - Lowell   Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes   Did you receive a Default Notice from the original creditor? Yes   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Yes   Why did you cease payments? Couldn’t afford the interest    What was the date of your last payment? Over two years ago to the DCA   Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes
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hacksaw

Letter Before Action (LBA) - Default Removal (no bank charges)

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Hi everyone

 

I thought I'll start a new thread for those who have to send a Letter Before Action to a bank/DCA warning them that if they don't remove an incorrect default then court action will commence.

 

The templates area have a LBA for this, but it contains wording for bank charges:

 

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

 

I've changed the wording a little so that any references to bank charges are removed. Not all defaults are related to bank charges, such as the ones that I've been involved in.

 

Dear Sir/Madam,

Notice that you have reported data about me which is in dispute

 

Re: Default Placed on Experian/Equifax/CallCredit Credit File on XXXXX.

It has come to my attention that, despite you being fully aware that this entry on my credit file is in dispute since my complaint to Experian/Equifax/CallCredit on XXXXX you have proceeded to make entries onto my credit file in breach of the Data Protection Act. These entries are damaging and stressful to me.

 

I am giving you the opportunity to remove this unlawfully placed information from my credit file. Please confirm to me in writing within the next 14 days that you have removed all entries relating to this matter.

If this is not done within 14 days I shall issue a county court claim against you to seek an order for removal of the entry and such compensation as the court may award, without further notice to you.

 

In any event, I am making an immediate complaint about this breach of the Data Protection Act by you to the Information Commissioner.

 

Yours faithfully,

The letter above assumes that a complaint/query was raised with the CRAs about the default.

 

I've sent the above letter to DCAs because they refused to remove a default on my credit files. Although they didn't respond to my letters, I've submitted a county court claim against them.

 

I hope I haven't missed anything important out. Any suggestions are more than welcome.


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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