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    • It seems to me that you could probably apply for judgement on 30 October. However it's a good idea to keep on checking regularly to see if it is permitted before then. As soon as it allows you, do it.
    • Deemed service on a company is two days after issue. Deemed service on a litigant in person is five days after issue – unless something has changed. I've already said that proposing to send further particulars is generally speaking unnecessary and only complicates matters as you are finding out. However as you have indicated that you are sending further particulars, send them further particulars and simply state in the body of the particulars that you have nothing to add to the particulars of claim contained in the original claim form at this moment. Send that straightaway so that when you apply for judgement you can click the box and say that yes you have done that. It might not have been fatal not to have informed them that it was a laptop – but it is better that you did and the important thing is that they had been told of the item and of the value at the time that you entered into the delivery contract. I think that you will find that laptops are one of their prohibited items – along with almost everything else in the world
    • *Update* turns out Capquest bought the debt from Phoenix Recoveries. We now have a reference number for our solicitor to use. 
    • Ah I thought you meant in the actual MCOL claim, in the ebay listing yes, in the PackLink compensation claim yes as well, in the MCOL claim I made no mention aside from the value of the item.   and just an update:   I am able to request a judgement from the two separately.   The claim was issued on the 13th, plus 5 days and another 14 days = 1st Nov my guess (not accounting for business days)   This was also added:    
    • Okay, so what you have to do is you have to take the money you paid to the garage which I understand is £2000. You've gotta consider that the value of the labour they put in was completely wasted because you had to have the turbo taken out and then refitted – is this correct? However, the turbo itself was useful to you and so you should be required to pay for the cost of the turbo. If this is correct and you have independent evidence that the turbo had been incorrectly fitted then you should sue them for the balance. This means that you have to find out the cost of a turbo – was it an original or was it a pattern part? Anyway, you have to find out the cost of the turbo and deduct that from the £2000 and that should be the value of your claim unless you can tell us of any other losses which you have reasonably incurred as a result of their poor workmanship. Let us know
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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Hi,

 

I would be really grateful if someone could advise on an aspect of the process of a bank (RBS- Mint) applying a default to my credit file please.

 

I was made redundant in March 2009 and did not gain employment again until August 2009. I missed my monthly payments on my unsecured loan between May and August, when I entered into an agreement to repay again (including a little extra to pay off the arrears). I was, however, in constant contact with them throughout the entire time. I had never, in my life, made even a late payment to anyone before this time!

 

I ran my credit report on 7th December 2009 and the enties showed 5,5,5,5,4,3,2,1,0,0,0,0. I had, at this point, been paying them again since August (4 months payments). The report showed that it had been updated on 22nd November 2009.

 

However, I ran the report again on 28th December 2009 (which had a report date of 3rd january 2010) and it now listed the entry as an '8' which means that a default had been applied! It said that the default date was 13th November 2009, which was 4 months after I had been making repayments and was listed with a date that was earlier than the report date that I ran on the previous occasion! I have copies of both these reports.

 

I have never received any notice of a default being applied at any time. I do have 2 Notice of Sums in Arrears dated 16th November 2009 and 12th May 2010. As far as I am aware, these are only issued before a default has been applied. Am I correct in thinking this?

 

Anyway, sorry about the long post, but does anyone have any advice as to what I should do to tackle them about this, as I do not think the default should have been applied in the first place, please? At this time, I have been maintaining consistent payments again for 19 months, including the extra amounts to pay off the arrears.

 

Thanks so much in advance of your help.

Edited by Kalenn
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as far as i can see

you missed 5 payments, and then have been 'late' making up the arrears

so this '8' would thus be correct

 

i suspect, this is the automactic CRA system, that we believe auto markers debts '8' after 6 markers.

 

see the FAQ on the CRA used.

 

dx

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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Hi,

 

Thanks for your reply. This was with Experian. They state that an 8 is applied if "You failed to keep to your credit agreement and have not responded satisfactorily to requests to bring your payments up to date, so the credit agreement has ended."

 

Due to the fact that:

 

1) The default was applied after I had entered into an agreed repayment plan with them

2) It was applied 4 months into the repayment plan (all payments made on time)

3) I have never received a default notice,

 

do I not have a case in fighting them to have it removed?

 

Experian states that the default means that "have not responded satisfactorily to requests to bring your payments up to date". I feel that agreeing and adhering to a repayment plan, is a satisfactory response. Is this not the case?

 

 

Thanks

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a repayment plan is still not paying as under the original agreement, they can still mark your file.

 

dx

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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