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    • if you wish to put up everything like    your defence claimants WS defendants WS   then im sure those here now and future victims will find it of value   if you read upload carefully you'll see its best to upload each as a separate multipage PDF but ofcourse you'll have to redact each page as a jpg picture 1st before merging each to the relevant multipage pdf .   dx  
    • Thanks I’m happy to put something back ! I didn’t have the courage of my convictions to counter claim even though I was really quite proud of the thoroughness of my court bundle ! i really wanted the opportunity to get into the detail with the judge and felt quite cheated when it ended, but of course I realised that they had just moved on to their next victim  will watch this space 👍  
    • I have created your own topic for this as its import to have it own one but placed a link on the thread you posted on.   you should never counterclaim that exposes you to further cost and rarely succeeds esp if they disc' the claim always best to state in a sep letter you will be seeking costs esp loss of days wages at £90 which most judges allow.   as for an sar, its p'haps always better to issue a cpr 31:14 too or in replacement of, an sar.   well done on your important win
    • My wife has directed me to post on this thread as I have just successfully won against these charlatans   My hearing date was all set at my local court for 31st October 2019 all defence papers were filed and served and frankly I was really looking forward to it! This morning I received a letter from BW legal stating in a one line response that I was to take this letter as a notice of discontinuance whereby the claimant KBT (armtrac) discontinues all of the claim. I am beyond disappointed that I didn’t get my chance to see these idiots across a desk! And that’s it I don’t appear to be able to take this further? I now realise I should of had the courage of my convictions and faith in the advice of others to issue a counterclaim! What I have now in my possession is a file of information which would be Gold-dust to the next person in my position! I feel like I would be able to get some sort of closure if I could pass some of this wisdom on but there are many posters here already and every case is different in its own way The key points in my defence were as follows and useful to anyone ‘caught’ at Sandy Acres. Keep the original parking ticket you purchased and send a copy to KBT with a covering letter ASAP do not identify the driver at any stage of the process!!!!  The blue sign uses the word penalty which is contrary to the IPC codes of practice  The red and white sign has a café open sign in front of it  which obscures it from the drivers view both available to download via Google maps Check the date you receive NTK mine was 71 days Do an SAR and you will get back the pictures of the alleged offence in my case they were of such poor quality you could not tell which way up the ticket was in the photo and in no image they held was there a picture showing the ticket and the vehicle numberplate. They offered no other evidence. Pretty soon you will see the money is being sought escalate until they no longer match the figure on the NTK even if it is sent within 56 days When you see a breakdown of costs for the money being sought it will ultimately include legal costs, typically £60 that the solicitor knows cannot be recovered in Small Claims Court. Personally I am now considering reporting BW legal to the law society or solicitors ombudsman for being party to a process which is fundamentally dishonest, an abuse of process, and a complete waste of court resources?   i am happy to help anyone who needs assistance but rest assured that their case against you relies on you caving in and paying, they have no plan B but will try and make you doubt your ability to defend yourself.   Dont worry about small claims Court, it isn’t crown court, just an office with 3 desks and certainly less stressful than a job interview or meeting with the bank and less at stake.   I got to one week from my court date and they gave up!
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Inaccurate/Dodgy Default

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Hi,

 

I have an account, 'defaulted', that was sold to a DCA. They replaced the credit file entry to just their details, and put a default marker in, nothing else - there is no monthly data anymore, just a 'D' on one month.

 

So my first issue is that the data is not complete, not showing everything, so not a true representation, inaccurate.

 

Secondly, I recall that when it was the credit card, the company had updated the monthly markers from 0 to 1 to 2 ... all the way to 6, and then continued each month with 6. So it was basically 0,0,0,0,1,2,3,4,5,6,6,6,6,6,6,6,6,6,6,6,6,6,6,6,6...Now 6 should just change to a D for default and that should be the date of default, but it seems for whatever reason my default has been artificially extended, because the default date the DCA is using is after all of those 6 markers...So surely that is inaccurate as well.

 

Thoughts? :oops:

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As long as the updated entry has the original

default date it's fine and correct it is all that

is needed as long as that DATE IS NOT CHANGED

the markers are months in arrears.

You would have had 1. a default notice,2. a notice

of assignment of the debt.

The DCA is entitled to place a default if the creditor

has not done so.


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Hi, thanks for your response. I'm not sure you get my possibly poorly explained gist.

 

I am saying that instead of putting a date of default on my credit file as soon as default happened, i.e. after the sixth month of arrears, which is the time agreed by the ICO's guidance at the top of this forum, they just kept inserting 6 markers each month. This means that effectively this adverse record is going to have been on my file for longer than six years, because it will be all of those 6 markers, and then the six years of default. Also, the record now only shows a default 'D' marker, no prior history, so that is also inaccurate as it is not showing everything.

 

Thanks

 

As long as the updated entry has the original

default date it's fine and correct it is all that

is needed as long as that DATE IS NOT CHANGED

the markers are months in arrears.

You would have had 1. a default notice,2. a notice

of assignment of the debt.

The DCA is entitled to place a default if the creditor

has not done so.

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Defaults can be placed in accordance with each creditors

in house policy the only real regulatory statement is that

it should be timely ( within 6 months) if the original creditor

has not placed an earlier default you will need to make a

formal complaint to them.


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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