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    • Unsettling the applecart?,  I'm going to be direct here, I know how this works , I've been in far worse situation than your relative, and I can assure you , now that there i likely a default in her name, it makes absolutely ZERO difference if she pays or not. Denzel Washington in the Equalizer , 'My only regret is that I can't kill you twice'... It's the same with a default, they can only do it once and it stays on your credit file for 6 years if she pays or not, and as it stands right now she's flushing £180 of her hard earned money down the toilet  so that the chaps at Lowell can afford a Christmas party. As for the SAR this is everybody's legal right, originally under the Data Protection act 1998 and now under GDPR, it's her right to find out everything that the original Creditor has on her file, and by not doing it the only person she is doing a massive disservice to is her self. As the father of 2 young adults myself, they need to learn at some point.. right?
    • Thank you for your pointers - much appreciated. dx100uk - Apologies, my request wasn't for super urgent advice and I have limited online access due to my long working hours and caring obligations - the delay in my response doesn't arise in any way from disrespect or ingratitude. I will speak to her at the weekend and see if she will open up a bit more about this, and allow me to submit the subject access request you advise - the original creditor is 118 118 loans and from the letter I saw (which prompted the conversation and the information) the debt collection agency had bought the debt from 118 and were threatening enforcement which is when she has made a payment arrangement with them for an amount of £180 per month. It looks as if she queried matters at the time (so I wonder if I might with the FIO request get access to their investigation file?) - the letter they wrote said "The information that you provided has been carefully considered and reviewed. After all relevant enquiries were made it has been confirmed that there is not enough evidence present to conclusively prove that this application was fraudulent.  However, we have removed the interest as a gesture of goodwill. As a result of the findings, you will be held liable for the capital amount on the loan on the basis of the information found during the investigation and you will be pursued for repayment of the loan agreement executed on 2.11.2022 in accordance with Consumer Credit Act 1974"  The amount at that time was over £3600 in arrears, as no payments had been made on it since inception and I think she only found out about it when a default notice came in paper form. I'm a little reluctant to advise her to just stop paying, and would like to be able to form a view in relation to her position and options before unsetting the applecart - do you think this is reasonable? She is young and inexperienced with these things and getting into this situation has brought about a lot of shame regarding inability to sort things out/stand up for herself, which is one of the reasons I have only found out about this considerably later Thank you once again for your advice - it is very much appreciated.    
    • That's fine - I'm quite happy to attend court if necessary. The question was phrased in such a way that had I declined the 'consideration on the papers' option, I would have had to explain why I didn't think such consideration was appropriate, and since P2G appear to be relying on a single (arguably flawed) issue, I thought it might result in a speedier determination.
    • it was ordered in the retailers store  but your theory isnt relevant anyway, even if it fitted the case... the furniture is unfit for purpose within 30 days so consumer rights act overwrites any need to use 14 days contract law you refer too. dx  
    • Summary of the day from the Times. I wasn't watching for a couple of interesting bits like catching herself out with her own email. Post Office inquiry: Paula Vennells caught out by her own email — watch live ARCHIVE.PH archived 23 May 2024 11:57:02 UTC  
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Backdoor Aktiv Kapital/Hagerty CCJ - merged old Barclays OD+Credit Card debt - How Do I set aside? ** WON WITH COSTS **+ campaign to shut them down


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There is no doubt the CRAs alert the DCAs when someone joins up but I only had one DCA write to me in the aftermath and they were easily got rid of. I am a member of all 3 CRAs and they rue the day because I have constantly given them hell ever since!:D I have had 4 defaults and a search removed and I am not finished with them yet!:lol:

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I've just checked my credit report and cant see any defaults!

 

I defaulted on a credit card in 2002/2003 and I cant find any sign of my bad behaviour on creditexpert.com.

 

In fact according to the report my credit report is PERFECT despite constant searches by DCA who wont leave me alone!

 

What am I missing ?

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This is great! so does this mean I am now clear of my defaults?

 

another question, can you default on a default ? e.g. I was paying activ Kapital until 2 years ago, until they ried to screw me over (they added £2k of charges for no reason) and i told them Im not paying penny more, take me to court.

 

so can they default me, for defaulting on my "arrangement" with them?

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Ok Im still trying to get my head around this,I purchased my credit score today and was rated at 997, which I gather is respectable.

 

My credit report, shows that of £8k available credit, im not using a penny of it, my payment history for various things show no late or missed payments.

 

I have no defaults, CCJ or any kind of black marks.

 

The only negative thing I need to rectify, is that I'm not on the electoral roll.

 

However I do have 98 linked addreses (the vast majority are duplicates), however could my defaults be lurking at these addresses ?

 

Some of the links have been created by DCA's, will these effect my rating ?

 

theres nothing negative said about any of the links, just the name of the company who made them. but having a read about the forum here and elsewhere, theres seems to be a lot of concern about linked addreses.

 

so is it the case the my credit record is not clean at all ? and that on further inspection of my linked addreses people are going to find out about my adverse credit history ?

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However I do have 98 linked addreses (the vast majority are duplicates), however could my defaults be lurking at these addresses ?
No, your credit report is on you as a person not an address. There are no other reports for the other addresses.
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Congratulations:D

 

Thanks, but Ive just remembered I've got another outstanding debt that I have defaulted on but not been reported for. I didnt think it was a problem as it was not covered by the usual in & outs of debt defaulting and CRA's due it being a student loan. But from reading this site yesterday, its looks like they changed things last year and this might come back to haunt me!

 

As this is a separate topic and may prove useful to someone else, Im going to start a new thread.

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So why are there people on this site fighting tooth and nail with CRA's yo get linked addresses moved if they mean sweet FA to your credit report ?
If Mr Smith had a bad credit file while he lived at address 1 and then he moved to address 2 unless they could link the two addresses as far as they are concerned there are 2 Mr Smiths.
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If Mr Smith had a bad credit file while he lived at address 1 and then he moved to address 2 unless they could link the two addresses as far as they are concerned there are 2 Mr Smiths.

 

but this is my problem, I do/did have bad credit file at all of my linked addresses.

 

or what your saying is, is if at those linked addresses, if a bad credit file still existed, then that would show on my particulars on my credit report ?

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  • 3 months later...

Update: Have signd up for a CRA and my file perfectly clear, my rating 998 out 100 and I'm not even on the electoral register! Oh and there were no defaults there, although they were in the past (a woman in the bank showed me)

 

so first question is, now the deafult has expired does that mean it can NEVER EVER be reapplied to my credit record ?

 

regarding my debt, Aktiv are now trying to chase the debt through BCW, we've gone through the usual threatograms which always purport that I'm one step away from court action and this is my last chance but it never happens.

 

the latest is that I'm going to get a visit from a "Debt Investigation Officer", I'm not too particularly worried, but am wondering how best to handle it if they ever do show up? My tactic is to have AKTIV/BCW on permament ignore, i.e. all phonecalls and letters ignored. So I know that AKTIV/BCW are still going through the stage of trying to confirm who I am and I would like to maintain the status quo as long as possible.

 

Also I havn't CCA'd them, basically because I want to hold this off as long as possible as I dont want to end up playing letter tennis with them. Life is so much easier when you can read the letters and safely ignore them! However I am worried I may leave it too long and not be able to issue it. e.g. say they caught me unawares and issue a court order, would it be too late to CCA them at that point ?

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1. The default can NEVER appear again on your credit file.

2. If you don't want to admit who you are - keep ignoring everything. If someone arrives at your door refuse to tell them anything other than to go. If they don't (but they will) then ring the police - as it's then Breach of the Peace.

3. Otherwise you can write PROHIBITING them from calling on you - see templates re dooretep visits. You could possibly couple this up inthe same letter along lines of a PROVE IT letter - "I do not acknowledge this debt..." etc. BUT best to ignore as long as possible. If you know from the return address whom the envelope is from then just return it unopened marked "not at this address - return to sender"

4. Even if they DID issue court papers they would HAVE to give you ALL the info they had on you as part of the CPR requirements. - and if no valid CCA - then no possible chance of enforcement. I don't believe it will ever get to this stage.

 

I am currently "waiting out" to get to the SB stage on a Thames Credit/AK debt they foolishly bought from Egg a few months ago.

 

There are lots of other threads on how stupid AK are that should give you more encouragement - but I really don't think you need it!

 

Good luck.

 

BD

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  • 1 month later...

I've had a DCA track me down after 2 years, however I've had them on ignore and they have had no confirmation it is me they found. The DCA is aktiv (thames credit), they have passed on the debt to BCW, who have now passed it on to Philips. Philips have been sending me the standard threatograms, but today I've been given a "pay up in 7 days, non payment will result in the attendance and removal of good s without any further warning"

 

Can they do this ?

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I've had a DCA track me down after 2 years, however I've had them on ignore and they have had no confirmation it is me they found. The DCA is aktiv (thames credit), they have passed on the debt to BCW, who have now passed it on to Philips. Philips have been sending me the standard threatograms, but today I've been given a "pay up in 7 days, non payment will result in the attendance and removal of good s without any further warning"

 

Can they do this ?

 

Phillips also do debt collection and they appear to send their baillifs letters to frighten people.

 

They need a court order. Suggest that you check for any CCJ's and then check with the courts as to whether there is any enforcement order that has been granted. If they have an enforcement order then yes seizure of goods is possible.

 

http://www.trustonline.org.uk/

 

Don't open the door if these people turn up. Speak to them through the door and ask them to post any court order that they have through the letter box. You should have the chance to be able to look into the court order, so tell them to go away or you will call the Police.

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is a credit card debt, been with aktiv for years, was paying back aktiv but stopped when they added £2k of interest to my debt.

 

I moved a couple of years of ago and having getting sick of thame credit credit (hence user name) I decided not to bother with them anymore as its clear they dont have a CCA and I didnt see the point of going through rigmarole of playing all of the different games with them, especially since the original debt/default has dropped off my credit report.

 

so in essence, theres no CCA, hence it's never been anywhere near a court and no CCJ issued.

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If BCW are involved it is possible that they HAVE a CCJ, especially as you have moved. It will have gone through the Northampton Bulk Court System and have been registered at your former address. This is an old trick, so they may have a Warrant of Execution for Phillips to be able to act as Bailiffs.

 

You will need to check online and see if there is a CCJ - CCJs, court orders & fines - Search yourself and others - Trust Online

 

If this has indeed happened you will need to act swiftly and get the CCJ set aside.

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