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    • Thanks. I did all that but I will try it again. Strange thing is that although the screen says it’s me, the user profile is my daughter. I will try again but reckon I will need to call them. 
    • Hi   It a bit late now as you have sent them a letter before action but I would have waited for their response to those questions especially number 1. and to clarify for you asking these question would not put you in the position of Mears implying that you agree the money is owed as this money for the Roof Repairs is in Dispute with yourself (Landlord).   I would wait and see what response you get from Mears.   Also have a good look at Mears website and see what other bodies they are registered with   In the mean time something else to consider sending Mears is a Subject Access Request (SAR) asking for 'ALL DATA' that simple phrase covers all data they hold whatever format they hold it in whether it be recorded calls, written, emails etc.   They then have 30 Calendar Days to respond to your SAR Request, this time limit only starts once they acknowledge your SAR Request.   If they completely ignore your SAR Request then you make a complaint to the Information Commissioners Office (ICO):   Your right of access ICO.ORG.UK     What to do if the organisation does not respond or you are dissatisfied with the outcome ICO.ORG.UK   Make sure and put it in writing and get Free Proof of Posting from Post Office   Note: a SAR is now Free there should be no cost involved due to the DPA 2018 & GDPR 2018   I know I have asked a couple of times now but is there any reason why you can't post up a Redacted copy of that Agreement with Mears (in PDF Format)?    
    • Sorry I can't edit the post now meant to change it so that the Claiment is (lowell portfolio LTD)   I have done everything you have said already.   registered online on the GOV site, I have my date set already to file for defence which is 2nd February, CCA request sent off along with CPR forms recorded with postal order.   I have had a reply back already from Overdales sending me the same CCA information as last time.   All that is left to do now is file my defence online. Overdales no longer wish to respond to me unless I make payments. I will file my defence online Thursday next week. (my DO work)   post #6 has the CCA information overdales sent me as per post #20 if you could cast your eyes on the PDF document again they don't seem to have sent much and it's what they appear to be using in court.   Would you say that is enough info for them to use should it go that far? my defence is that they haven't supplied all the paper work to make and informed decision about the debt and they haven't complied with any S78 request or offered any explanation as to the missing documentation I have asked for it has left me in a position regarding payments to any debts up in the air because there isn't enough information regarding the debts.   Thanks   Again
    • name of claimant is not overdales - a solicitor representing a client cannot be the claimant.   pop up on the MCOL website detailed on the claimform. [if mcol is not working return after the w/end or the next day if week time] .  register as an individual on the Gov't Gateway Site Go to HMRC's login page. Click the GREEN sign in button. Click “Create sign in details” Enter your email address where asked. You will now be emailed a confirmation code. ... You will now be issued with a User ID for your government gateway account.  note down your details inc the long gateway number given, you might need it later.  then log in to the MCOL Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform .  defend all  leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit MCOL. .. get a CCA Request running to the claimant ...YOU MUST SEND A CCA REQUEST FOR EACH DEBT IN THEIR POC https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/ .. Leave the £1 PO unsigned and uncrossed . get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] ... .[use our other CPR letter if the claim is for an OD or Telecom Debt] . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . on BOTH type your name ONLY Do Not sign anything . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] ..............      
    • Which Court have you received the claim from Northampton N1   Name of the Claimant ? Overdales   Date of issue –  31/12/2021   Date to submit defence  - 2nd February    Particulars of Claim   1. claim comprises of the following agreements the defendant entered into: a) shop direct financial services current balance £937 B) shop direct financial services current balance £3742   2. The agreements were terminated as payments were not maintained and subsequently assigned to the claimant A) total sums = £4679 B) interest pursuant of s69 £374 c) costs   What is the total value of the claim? £4680 = with court costs and interest = £5609   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? N/A 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 ? AFTER 2007   Do you recall how you entered into the agreement...On line /In branch/By post ? ONLINE   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? YES   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 (LOWELLS HAVE THE DEBT AND OVERDALES ARE ACTING ON THEIR BEHALF)   Were you aware the account had been assigned – did you receive a Notice of Assignment? NOT SURE IT'S BEEN A WHILE 3 YEARS IN DEBT AT LEAST   Did you receive a Default Notice from the original creditor? NOT SURE IT'S BEEN A WHILE 3 YEARS IN DEBT AT LEAST   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? NO   Why did you cease payments? WAS WITH A DEBT CHARITY (STEPCHANGE) MAKING PAYMENTS TO A NUMBER OF DEBTERS WIFE LOST 2ND JOB AND COULD NO LONGER AFFORD PAYMENTS (STEP CHANGE SUGGESTED I GO BANKRUPT I DIDN'T WANT TO DO THAT) CAME TO CAG FOR ADVICE IT WAS SUGGESTED I DROPPED THE CHARITY AND WENT ON MY OWN. FOUND IT EASIER SOME DEBTS ARE BEING PAID SOME CAN'T GET CCA INFO SO NOT HEARD FROM THEM FOR AGES OVERDALES HAVE BEEN THE ONLY PERSISTANT ONES FOR THIS DEBT.   What was the date of your last payment? CAN'T REALLY REMEMBER BUT PERHAPS 2017 OFF THE TOP OF ME HEAD   Was there a dispute with the original creditor that remains unresolved? AT THE TIME WHEN WIFE LOST HER JOB THEY WOULDN'T REDUCE PAYMENTS INSTEAD PILED ON INTEREST AND FINES. ENDED UP NOT RESPONDING TO THEM ANYMORE AND BEEN IN DEBT SINCE TO DCA'S   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? YES I DID AND THEY WEREN'T INTERESTED
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Removing 2 defaults from my credit file


coll2900
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Hi everyone

 

I hope someone will be able to help or give me some advice.

 

I've got two defaults on my Credit file, one was from a credit card i had with Citi cards (the debt has been passed to Hillesden Securities) and the other one was from Alliance and Leicester (now Santander) The amounts are £1106 and £739.

 

I want to apply for a mortgage but because my credit rating is so low I don't think I'll get very far. Other than these two things everything on my credit file is fine. The other 12 accounts in my file are fine with no missed payments. Both debuts are purely bank charges. I should have claimed the charges ages ago before the OFT ruling but I didn't.

 

Rather than make arrangements to pay them off, I just want to pay them off in full. I want Hillesden Securities and Santander to remove the defaults - is that possible

 

The defaults continue to show each month.

 

Thanks

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Forgot to say that the default for citi cards started in 2007 (think this is the date Hillesden took it over, I'm sure the initial default was a about 3 years before that) and the one for alliance leicester started in nov 2006.

 

I know I'm probably pushing it but any advice would be gratefully received.

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Hi the chances of getting the defaults removed are slim however if you make a Full and Final settlement,in each case for the full amount,you can push for the defaults to be removed as part of the the F&F,whether they will both play ball is another matter.

 

If you pay them of in full the credit file will be marked Settled,if you try a reduced F&F the file wilL be marked partially settled,which is not what you are seeking.

 

Regards FS

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There can only be one default date for each debt and thats the original creditors default. In your case Citi and Alliance & Leicester. Which ever DCA took over the debt takes over control of the CRA listing. They can not however register there own default dates. It is common knowledge that they often do when they take over the debt, thus increasing the time scale which they can ruin your CF.

My advise would be to SAR Citi and Alliance & Leicester. If what you say above is correct the Citi account defaulted in 2004 thus becoming statue barred in 2010 as long as no payments or admissions of the debt were made (in writing) The Alliance & Leicester account will become SB next year 2012 some time.

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yep

 

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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There can only be one default date for each debt and thats the original creditors default. In your case Citi and Alliance & Leicester. Which ever DCA took over the debt takes over control of the CRA listing. They can not however register there own default dates. It is common knowledge that they often do when they take over the debt, thus increasing the time scale which they can ruin your CF.

My advise would be to SAR Citi and Alliance & Leicester. If what you say above is correct the Citi account defaulted in 2004 thus becoming statue barred in 2010 as long as no payments or admissions of the debt were made (in writing) The Alliance & Leicester account will become SB next year 2012 some time.

 

Thanks guys.

 

I will send an SAR to both of them, so does statue barred mean it should be removed from my credit file, I didn't make payments as it was charges on top of charges. I think the initial default amount was about £200 which was the maximum limit on the card.

 

If i make contact with Santander to make a full and final settlement does that mean it then stay on file for a further 6 years but showing as settled.

 

In which case i may as well just wait till next year.

 

Thanks

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account should fall off the cra 6yrs from your last financial transaction

if it is still listed on your CRA

you need to use the FAQ's on the CRA site and question why it is still showing

 

pers i'd sar any OC with cards with charges/ppi on it

[the charges might be dias outside 6yrs, but the PPI can be reclaimied at any time]

 

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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The SB date and default date

can be months different so if

a debts last payment or acknowledgment

is say 6 months before the default

date the CRA will leave the default

entry on file until the six years from

that date statute barred or not.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Thanks for the advice dx100uk & BRIGADIER2JCS.

 

One last question if I send an SAR won't that be an acknowledgement of the debt, sorry to be slow!

 

I'll definitely check the FAQs why the Citi Cards debt is still showing, it's not showing anything from the original just the time from which Hillesden took it over.

 

Thanks again.

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No A SAR like a CCA request is a

lawful request for information, in any

case you should always head any

letter to a DCA or creditor with

I DO NOT ACKNOWLEDGE ANY DEBT

TO YOU OR ANY COMPANY YOU CLAIM

TO REPRESENT.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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