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    • yes they mostly would be enforceable, but that wasnt the point. even if they get a CCJ the very worst they could have done is get a restriction k which is useless to them. doesnt hurt anything. the CCJ would remain on file for 6yrs yes, but then gone same as a DN. the rest k charge does not show at all. and even so, the idea was to get your debts issued a default notice ASAP, them RESUME payments.. the advise is NOT conflicting, just you don't read things properly or understand.  oh well. dx
    • This is the dilemma I had then and still have it. The bit that stopped me was the post 2015 comments about them being enforceable now in most instances which I feel hasn’t been answered unless I am missing something. the bonus I guess is not all credit agreements now will be chasing me so less people chasing me down so to speak. this is the problem as there is conflicting messaging out there it is hard to plan a strategic way forward 
    • In 2017 my wife was given PIP and I finally, officially, became her carer. In 2019 she was reviewed and we were told it would be done by phone to make it easier for her as she has mobility issues and anxiety. The review was very simple, Has anything changed? No, ok, we'll stay as you are then. In 2022 a second review, this time by phone again but with an awkward given at the end for 5 years. Today, we got a new review letter (I know wait lists are bad, but I dont think the wait will take til 2027 for a decision). We're a bit confused because it's a letter, not a phone call as before. The form is just questions that ask "has anything changed" Now, since 2017, nothing has changed except we had our home adapted via disability grant. This was noted in the phone calls. So we should really write that nothing has changed in the last 2 years. The adaptations have been mentioned in both previous phone reviews, but not in writing so I guess we should bring it up. But we feel that they want us to explain everything as if it were a new claim again... And are worried if we miss something in the original claim or the phone calls she will risk losing part of the award (a 2 point swing could be really bad) It does just say "has anything changed?" But in dealing with ESA prior to getting PIP, answering the question asked "has your condition worsened or improved" at a review process with a simple "no, I'm still the same" somehow led to ESA ending and needing appeal. So just want a bit of guidance. How much detail is needed? Is minimal ok? Or should we be blunt with the fact nothing has changed, and bullet point the things she struggles with in each section?   I know the obvious thing is to just explain it all,but over 10 years the sheer amount of times the poor woman has had ESA or PIP stopped/refused just because something was missed out in their report, or they felt it meant a new claim should be made, or that they judged her healthy because we missed a tiny thing in our forms. During COVID it finally seemed like it was all just going to be smooth, especially with the phone reviews and the 5 year reward, but here we are. We just want to make sure we have the least chance to trip ourselves up, but making sure we have what is expected if you get me? I wish I still had a copy of the forms from 2017, because I could just verbatim copy them and add in about the adaptation, but (ironically) we lost our photocopies we kept of them when the house was being adapted
    • might of been better to have got them all defaulted 2yrs ago as we carefully explained before then you'd already be 1/3rd there and your current issue would not be one.    
    • No doubt the hotel will have security cameras on the floor you were staying to confirm or deny the allegation??   The only compensation you will probably get, which will be discretionary as a goodwill gesture, will be a credit voucher for the entire hotel group. Very much doubt anything more than that as you have not substantiated, the hotel committed the transgression 
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1st Credit


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Basically I had a debt with RBS for a Universa Credit Card – the limit was £250 the balance ended up being £420 due to unlawful charges – not including any that were paid during the time the account was active!

Anyway its was passed to a few DCA’s who naturally I ignored until 1st Credit contacted me…they said they were willing to discuss a payment plan or a reduced one off payment – I took the one off payment of just over £300 and I was told that they would inform RBS to update my credit file.

This was over a year ago and my file is still showing as in default and no payments made – the balance is still £420!

I have called 1st credit 3 times over the past year and they each time say they will inform RBS within 7 days – I have then called RBS who say they have heard nothing and can not mark it as settled without the contact from 1st Credit

What can I do?

Even though the debt is paid off can I send a CCA request and then when they fail to comply (which I’m sure they will do) can I claim all monies paid from them and use it to pay off RBS?

Also going to tackle RBS Universa for the default as never had the original default document and it was only defaulted as the minimum payments got to high with all the charges being added!

People who haven't made mistakes, haven't made anything!

 

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Update:

OK I have written to 1st Credit to officially ask them to report this account to RBS as satisfied – I have given them 14days not sure what to threaten them with if they don’t fulfil my request though…anyone?

People who haven't made mistakes, haven't made anything!

 

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Hmmm not to sure about the CCA thing.

 

only other option I can give you is to contact the CRA and put ina notice of dispute, they will get in touch with 1st credit and hopefully update your credit file.

 

Also am not sure if you can report them to Trading Standards.

My claims

 

Halifax - Data Protection Act 26/5/06, non compliance of Data Protection Act 20/07/06, Prelim £260 3/8, LBA 19/8

TSB - Data Protection Act 25/6/06, total £225, Prelim 4/7, LBA 11/7, court claim filed 27/7

Capital One - DPA 20/06/06, Prelim £270 1/8 LBA sent 9/8

B.O.S CC - DPA 20/06/06, prelim 6/7 £130, LBA 21/7/06, court claim to be filed

Citi cards - Data Protection Act sent 20/06/06, prelim 26/07 £520, LBA t 14/8

Black horse finance - DPA 18/06/06, prelim 31/7 £180, LBA 7/8

Halifax joint account - Prelim 6/7 £744, LBA 22/7 court claim to be filed

 

My Mums claims

 

MBNA - DPA 13/06/06, Prelim 17/7 £738, LBA 7/8

Capital One - DPA 29/05/06, Prelim 10/8 £570

Barclaycard - DPA 20/06/06, Prelim 6/7 for £420, LBA 17/7 court claim to be filed

Littlewoods CC - DPA sent 3/7, non compliance of DPA sent 14/8

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Hmmm not to sure about the CCA thing.

 

only other option I can give you is to contact the CRA and put ina notice of dispute, they will get in touch with 1st credit and hopefully update your credit file.

 

Also am not sure if you can report them to Trading Standards.

 

I have thought about that but i know many companies have a nasty habbit of saying their records are up-to-date even if they arnt...also 1st credit doesnt show on my credit file only RBS...and as RBS havn't heard from 1st credit they assume i havent paid - and therefore their records are correct :Cry:

 

I'll see what happens in the next 14 days and if nothing then i will try sending RBS copies of the offer from 1st credit and a copy of my bank statement showing payment in the hope they will update from that - unfortunatly 1st credit never sent me a letter to confirm payment etc so cant just forward that!

People who haven't made mistakes, haven't made anything!

 

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  • 5 weeks later...

Right i sent First Credit this letter to inform Universa that my ballance is paid - they have not responded - what can i do now? I wrote this:

 

Date: 22 August 2006

Dear Sir or Madam:

Account Reference – XXXXXXXXXXXX

I am writing after settling my account with you for the sum of £315.74 on the 21st November 2005 for an alleged debt with RBS.

I contacted you some time ago to request that RBS were informed this account was brought up-to-date, so my credit file could be amended accordingly with Experian, Equifax and CallCredit.

Several months later my file has still not been updated so I contacted RBS, who state they have not heard from you and will not alter the Defaulted balance without proof from 1st Credit that the debt has been settled.

Could you please confirm this to RBS immediately to resolve this matter, and inform me by return that this issue has been dealt with so my RBS file can finally be updated.

I would request that this information is provided to me within the next 14 days.

Yours Faithfully

 

 

Mr. XXX

 

People who haven't made mistakes, haven't made anything!

 

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  • 5 weeks later...

OK guys this is getting to me now...i just cant get any responce out of first credit - i refuse to call them i have checked their address and recorded letters are arriving - RBS refuse to do anything untill i have written proof off first credit that this has been delth with - any ideas?

 

i wnat this defualt removing as no contract etc with RBS any more but cant go down this route without having it settled as too much hassel!

People who haven't made mistakes, haven't made anything!

 

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I don't know if this is of any help, but what is the exact name of 1st Credit? I just had the benefit of looking at accounts for a company called 1st Credit in London and they have a big RED credit rating - ie: don't give them credit ! they don't look too healthy on paper themselves and I would suggest these guys need cash pretty badly - do a deal or what ? :D

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lol its no help to me as they have already had my money - they just wont tell RBs i have paid up so RBS wont update my default to settled!

 

this is there website: 1st Credit

 

i just want them to tell RBS - if they wont i want my money back so i can pay RBS directly!

People who haven't made mistakes, haven't made anything!

 

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Anyway its was passed to a few DCA’s who naturally I ignored until 1st Credit contacted me…they said they were willing to discuss a payment plan or a reduced one off payment – I took the one off payment of just over £300 and I was told that they would inform RBS to update my credit file.

 

Jo,

I know its all money, but would DSAR request provide you with the proof you have paid!!!!!

 

Regards.... Turnaround

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Guest HUSBANDKHAN

right there is way to have the default removed if you think that the dca may be on its way out. if they have not replied to any of your letters. firstly got Online Credit Reports and Credit Reporting from a Leading Credit Agency: Equifax and ask for a postal credit report. after recieving this 2-3 weeks file a on line dispute with them and also if needed send them the relevant proof that you did pay anything letter from dca etc. they will then temporarily remove the disputed file and contact the dca. the file will continue to be suspended until the dca write back. and in most cases the cra will amend the information them selves. read the faqs on the equifax site. if however there are any problems the cra will tell you also you can get the name and address of the dca by phoning equifax as well or which ever bank you are with. try and get a afax number and fax it over. also you could try going on sthe bank site and contacting them via thier contact us button.

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First of all-how did you pay them. If it wasn't in cash then it is possible to trace

it back to them.

 

Next, you sent them a request for info back in August I think, giving them 14 days.

Write back to them, reminding of the letter you sent, saying that as it was a

subject access request, the 40 days are now well and truly up. Give them a

further 7 days to conform, or you will report them to the OFT.

 

Alternatively, if you have proof that they have had the money, give them 7 days to inform RBS or you will inform the police that they have defrauded you and rbs out of £300, as they should have paid within a month of receipt of your money .

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First of all-how did you pay them. If it wasn't in cash then it is possible to trace

it back to them.

 

Next, you sent them a request for info back in August I think, giving them 14 days.

Write back to them, reminding of the letter you sent, saying that as it was a

subject access request, the 40 days are now well and truly up. Give them a

further 7 days to conform, or you will report them to the OFT.

 

Alternatively, if you have proof that they have had the money, give them 7 days to inform RBS or you will inform the police that they have defrauded you and rbs out of £300, as they should have paid within a month of receipt of your money .

 

well as it wasnt a DSAR i better not say it was - however that doent mean they shoudl ignor me!!

 

i do have it on my bank statement that the payment was made and it says it was 1st credit that took it - i also have the letter they sent me knocking about somewhere that requested i contact them to take advantage of a reduction in total payable.

 

i like the idea of threatening them with fraud as i guess if they wont sort it out then its sort of is!

 

i'll contact RBS this week just to confirm that its not been recoreded then i will send 1st credit an LBA and see what happens.

 

cheers guys

People who haven't made mistakes, haven't made anything!

 

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right there is way to have the default removed if you think that the dca may be on its way out. if they have not replied to any of your letters. firstly got Online Credit Reports and Credit Reporting from a Leading Credit Agency: Equifax and ask for a postal credit report. after recieving this 2-3 weeks file a on line dispute with them and also if needed send them the relevant proof that you did pay anything letter from dca etc. they will then temporarily remove the disputed file and contact the dca. the file will continue to be suspended until the dca write back. and in most cases the cra will amend the information them selves. read the faqs on the equifax site. if however there are any problems the cra will tell you also you can get the name and address of the dca by phoning equifax as well or which ever bank you are with. try and get a afax number and fax it over. also you could try going on sthe bank site and contacting them via thier contact us button.

 

1st credit havent put anything on my file - its RBS - they wont remove it unless 1st credit send them proof it was paid :(

People who haven't made mistakes, haven't made anything!

 

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Guest HUSBANDKHAN

Hi you can dispute this with a credit refrnce agancy. they will then write of to rbs and get them to get this confirmed. if not then they will remove the record until rbs come back wiith a valid reply. be sure to send them the proof of payment though.

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Alternatively, if you have proof that they have had the money, give them 7 days to inform RBS or you will inform the police that they have defrauded you and rbs out of £300, as they should have paid within a month of receipt of your money .

 

In my experience with 1st credit, they very often purchase debts from the original creditor, at a fraction of their face value.

 

If this is the situation with your debt, then obviously the above does not apply.

 

As has already been observed, 1st Credit are a very shaky company, and I'm not sure how much success you will have in pursuing them

 

You do, however, have legitimate reasons for suing RBS for repayment of unlawful penalty charges and removal of a negative credit reference, which they imposed.

 

I would suggest using the library template letters to send RBS a Data Protection Act request (if you don't know the amount of penalty charges) and follow each step from thereon.

 

I had a similar situation with MBNA and 1st Credit and, if it is of any use you can check out my thread athttp://www.consumeractiongroup.co.uk/forum/mbna/1895-mbna-credit-card.html?highlight=Philip+Hindley

 

Good Luck!!!

Phil

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I know the feeling! They chased me and took 'me' through the courts even for a gas bill even though I've never had bloody gas in my life. Turns out they were looking for someone with the same first initial and surname as me so just sent things to my address anyway and pestered me with phone calls.

 

To say they wouldn't take no for an answer is a complete understatement and the rudeness off staff when I was trying to resolve this was absolutely unbearable. I said that I would get a solicitor's letter to them advising them that no "Mr N XXXXXX" lived at that address and that they could have a copy of the covering page of the deeds proving that.

 

The response, "You'll be wasting your money as we'll get ya' anyway". Thanks goodness I'm not a frail old woman. (Strangley enough a check of the electoral register revealed that the guy they were looking for still lived in the property that had the gas supply!)

 

I do find it quite amusing in retrospect, but at the time it was incredibly frustrating and frightening.

 

Eventually they admitted defeat and 3 months later the 'urgent' text messages stopped.

Bank and credit card reclaims - £9,806

Sainsburys CCA non-compliance with FOS;

Natwest reclaim of £340 in progress;

Egg credit card reclaim in progress

 

 

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