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    • Hi,  I guess the DCAs have come out of hibernation as my friend has had a Claim Form today.  Honestly I feel like I have addressed this one but she can't find the folder box I gave her to keep all this nonsense in, but then the claim form has no information you could realistically use to find out what its from anyway(JD has a few names under their umbrella and she has had accounts with most of them over the years, some repeatedly as they keep lending to someone with no income.  Its ok at the start when its only a little bit but they rapidly put it up and up until she owes in the high hundreds/low thousands instead of the £150 she is initially given, she always intends to keep it in good standing but there is a massive difference between paying £20 a month and over £100) and the usual poor grammar that should be an embarrassment to any normal legal firm, but I suppose these people have no shame.   Anyway, I assume its the same respond for more time and send off a CPR and CCA?   Name of the Claimant ?   Cabot Financial Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 22/02/2021   Particulars of Claim   What is the claim for – the reason they have issued the claim?  By an Agreement between JD Williams Ltd RE Jacamo & the defendant dated XX ('the agreement') JD Williams Ltd RE Jacamo agreed to issue the Defendant with a credit account.  The Defendant failed to make the minimum payments due.  The Agreement was terminated following the service of a default notice.  The agreement was assigned to the Claimant.  THE CLAIMANT THEREFOR CLAIMS 1.8XX.XX 2. costs   What is the total value of the claim? £8XX.XX    Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes   Did you inform the claimant of your change of address? No 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   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   Were you aware the account had been assigned – did you receive a Notice of Assignment? Possibly, she was(and is) very poor at keeping and responding to correspondence.     Did you receive a Default Notice from the original creditor? Possibly, she was(and is) very poor at keeping and responding to correspondence.   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Possibly, she was(and is) very poor at keeping and responding to correspondence.   Why did you cease payments? More than she could afford.     What was the date of your last payment? No Idea as we do not not which account it is for.     Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Possibly but can't say for sure.    
    • Thank you Andy/Dx   UPDATED Defence, 3 days remaining.   Not sure where to mention invalid PAP. I put it under number 5. Please check if this is good to go.   Defence   The Defendant contends that the particulars of claims are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any allegation to which a specific response has not been made.   The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) – failed to serve a letter of claim pre-claim pursuant to PAPDC changes of the 1st October 2017. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   1. I have in the past had financial dealings with Lloyds Banking Group. I do not recall the precise details of the agreement and have sought clarity from the claimant.   2. However, I do not recall ever receiving a Default Notice pursuant to sec 87(1) CCA1974.   3. I do not recall ever receiving this notice pursuant to sec136 of the Law of Property Act 1925.   4. I do not recall ever receiving a letter of assignment from the Lloyds Banking group advising the debt was assigned to the claimant.   5. Claimant served the invalid PAP with no connection to their court claim,   6. On receipt of this claim I sent CPR 31.14 and section 77 request. The claimant failed to provide a valid copy of the agreement and therefore remains in default of said request.   7. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:-   a) show how the Defendant has entered into an agreement; and b) show how the Defendant has reached the amount claimed for; and c) Show or evidence service of a Default Notice/Notice of Sums in Arrears, d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.      
    • no.   i wonder if the OP is entitled to CTAX benefit, thats only available from the relevant council...most on UC can get it..   but your MP is by far the most successful route to sorting these issues we've seen here to work.
    • dx100uk  unclebulgaria67   OP is on UC.   Could the council apply for weekly amounts to be deducted from UC claim ?
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

Equifax still showing bad credit after 6 years


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  • 3 weeks later...
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Hi,

I have recently changed to Santander after many years with Natwest and they suggested the 123 credit card. I couldnt see why not so applied and have been rejected. I have looked in to this more closely and it appears that i have a default payment on Equifax from May 2005 which was closed in 2007. It is coming up in black on checkmyfile.com and is a negative factor. The description is 'Communications supplier' however i cannot remember what this could be for. Nor have i had any letters for this chasing Payment. I have asked for a Equifax disputes pack from checkmyfile.com and am awaiting this.

What can you advise me to do? Thank you in advance.

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Great thread for the people who want to know about credit histories.

 

I have a number of debts, all of which I defaulted in late 2006 due to redundancy.

1) Natwest took me to court and I now pay them £200 a month and have been for 6 years, to clear a £24k debt with a CCJ - slowly chipping away - hopefully I'm going to try and pay this off this year in full.

1.1) £2k - dropped off my credit file last week

1.2) £2.1k

1.3) £20k

2) Barclaycard same as above, CCJ, paid off £100 of a £5k debt, then it passed onto to a DCA, so I stopped paying, owe about £2.8k

3) £13k with Halifax - is now statue barred and dropped of my credit file last week

4) £5k with Crapquest

5) £2.2k - Halifax credit card - with a DCA

6) 5k with Egg now with a DCA

These all drop off this year :-)

 

Q. Even though the CCJ records will drop off this year, what will happen to the actual CCJs? Can credit companies see public records like CCJs?

Q. What will happen to the payment history of the accounts that I am paying post 6 years - will it still show default or satisfactory?

 

 

Ta

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CCJs are removed after 6 years but technically still exist BUT the claimant would have to apply to a court to ''restart'' the claim after 6 years this is only granted in very extenuating circumstances.

All default entries are removed paid or not.

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So on my credit report in the Public records section its shows 2 CCJs, will they drop off after 6 years too?

 

Also, when Barclaycard sold on my CCJ debt to a DCA, they marked it as satisfied. Does that mean that the ccj should be removed from my house?

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NO the CJJ is personal not on an adress, yes the will be removed but will still exist the claimant would have to apply to the court to restart the claim, this is rarely given and then only in special circumstances.

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Cheers Brigadair2JCS.

 

Does that mean that the ccj WILL be removed from my record because the 6 year limit is coming up...this month for one of them :-)

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Yes

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  • 10 months later...

hi there,

 

thanks for providing good information.

 

Im facing similar problem. i have paid my last payments in may 2006 for all lenders except my mobile that i paid upto dec 2007 after that i couldnt able to paid.

 

still few chasing letters are coming to my previous address but from debt collecting agencies.

 

so, im just wondering...1...is my bed credit rating still on my credit rating....2..how to find out my current situation.... 3.. most important one...in order to find out current situation, if i contact Experian and other two credit agencies and if my past history is still on their records then would it be for next 6 years!!!

 

plz clearing my above three doubts!!

 

Thanks in advance.

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Hi, defaulted accounts are removed from credit reference files on the 6th anniversary of the default date paid or not, they cannot be replaced ever again.

 

 

However the debt still exists and remains collectable.

 

 

If there has been no payments or unequivocal written acknowledgment of the debt in 6 clear years then the debt will become statute barred in the case of credit card and unsecured loan debts, but again in England & Wales the debt still exist (in Scotland the debt is extinguished after 5 years).

 

 

The OFT Guidance on Debt Collection, Appendix B, states that it is unfair to press for payment (of a statute barred debt) once the debtor has informed the creditor in writing of the status of the debt, to do so may amount to harassment.

 

 

For bank accounts/over drafts and loans secured on goods(Hire Purchase) the six years May start from the date the account was defaulted.

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Hi,

 

Thanks for your prompt response!!!!

 

That means my accounts should have been removed from credit reference files by now because (as i mentioned earlier) i paid last payments in may 2006 for all lenders except my mobile that i paid upto dec 2007 and i didn't made contact or agreement with lenders after those dates . Am i right??

 

Can i check my account in Experian and other two credit agencies to know current situation, or will it create any problem if i contact them now.....please guide me what to do

... how to start to build the credit history now without any affect of my previous bad credit history ...

 

i had bank account with halifax, so is it possible to open account with them now or you want me to open accounts with other banks

 

please guide me with step by step procedure to start build the credit.

 

Thank in Advance.

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Ok ,

 

 

1. yes check credit files asap. If the accounts were defaulted that long ago then they should not be on the CRA files..

2. No one else will be aware that you have checked you credit files.

 

 

Once you have the CRA data you can start to review your choices as what and when you need to do to rebuild a credit profile.

 

 

Some definite do nots.

 

 

1. Do not make frequent and multiple credit applications of any sort. These leave visible footprints on the files.

2. Stay away from comparison sites when looking for suitable credit building cards, or insurance paid by instalments.

Each company that quotes will access credit files.

3. Totally avoid short term loans (payday loans companies may claim that these can help to improve a credit rating, unfortunately the opposite is true.

 

 

Things to do.

 

 

1. Make sure you are on the electoral roll.

2. Stable residential status in very important.

3. Ensure all types of account are always up to date, including utility bills, these companies will report late/missed payments and defaults in many cases.

3. Get a basic bank account, no frills no overdraft and never go overdrawn, or have unpaid direct debits etc.

4. Take a look at credit builder credit cards (look at the adverts on line) don't use the comparison sites),>

Capital one have a card that with a low limit of £250.00 is easy to manage will most certainly help repair of your credit profile.

5. Use the card regularly for small purchases and always clear the balance on time every month.

 

 

Hope this helps.

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hi,

 

thank you very much for your help..i will check my credit files ASAP with Experian on there website...

 

just wondering.. do i need to check my files on all three credit check companies or one is enough?...and one more thing do i need to give my past six years address details to Experian????...please suggest me

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Check Experian and Equifax they are the most used, if you want a full report yes all addresses will be needed.

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  • 1 month later...

Hi balster,

 

 

can I ask you a quick question...... did you pay off these debts apart from the ones that went to a CCJ?? I have a few (well a lot...) defaults that I am currently not paying, I am trying to clear the debts that have not went that far yet???

 

 

Thanks :)

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I have a default which should have dropped off on 15/03/2014. Experian were on the ball and its dissapeared. However its still on equifax despite ringing them 4 times this week and them telling me they were onto it.

Is there anyway i can be a bit more forceful??

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Equifax just don't update as quickly end of month it seems.

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  • 2 weeks later...

I've read this thread with interest and registered as a result.

A question i've tried (and failed!) to get help with: is it true that a debt is only classified as statute barred if the individual remained available to be contacted regarding it? I went overseas ten years ago, leaving a personal loan, a phone bill and a maxed out credit card. Surely given the fact that I vanished and left no means of being contacted, I'm still liable to be pursued for the debt, no?

My Experian report is completely blank aside from some electoral role info; no CCJ's… nothing…

Can anyone tell me how I can find out who bought the debts? Or if its even advisable to pursue them?

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Hi welcome to CAG,

 

 

If there has been no written acknowledgment or payment made in 6 clear years (5 in Scotland) the debt is statute

barred depending on the type of debt it is a matter of argument that a credit card or unsecured loan becomes stat barred 6 years after the last payment was made an no acknowledgment was made after that date.

 

 

Secured loans/HP accounts from the date defaulted, phone accounts from the date the creditor demanded payment in full.

 

 

If the debts are not on CRA files now that means 6 years or more have elapsed since the accounts were defaulted, so all gone never to return.

 

No one is chasing you so no need to do anything but build a new " Credit Profile "

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Thank you, that's extremely helpful.

Is there no chance (as far as you know) that my reappearing on the electoral roll (or utility bills, credit applications mortgage/land registry etc) could alert any owner of the debt and prompt a new pursuit of it?

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Thank you, that's extremely helpful.

Is there no chance (as far as you know) that my reappearing on the electoral roll (or utility bills, credit applications mortgage/land registry etc) could alert any owner of the debt and prompt a new pursuit of it?

If a creditor or DCA is intent on finding you they will. If this happens all you do is state the debt is statute barred.

 

 

When a debt is sold in a very large portfolio of delinquent accounts the minimum of data is provided by the seller, e.g. Name & Address Contact, details, name of original creditor, amount owed. default date. It is unusual for this data to contain any mention of the date that it would become SB, which is why we see DCAs stating they have to check the status of the debt when we challenge it as SB.

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Good news. And thanks for your time. This really is a headache for me and it's been a big help.

Happy to help.

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  • 6 months later...

Hi,

 

thanks a lot for providing useful info,

 

as you suggested earlier, I have opened new account in hsbc (got OD of 100 pounds) and registered my name with electoral, however i didnt check my file on credit reference agencies. i thought everything going fine as my last default date was on dec 2007 and i can start build credit rating

 

But now I have received letter from company named: Lowell..stating that Barclay bank have sold my account to them and they got my address my credit ref agency... asking me to confirm the information they hold is correct and up to date....

 

... will they make affect my credit rating...if ignore them...im totally confused

 

1. do you want me to contact them ??

 

2. Do you want me ignore it

 

could you please please tell me what I should do to stop these letters and more importantly to save my file on credit reference companies (like Experian)

 

 

thanks in adavance

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Hi,

 

thanks a lot for providing useful info,

 

as you suggested earlier, I have opened new account in hsbc (got OD of 100 pounds) and registered my name with electoral, however i didnt check my file on credit reference agencies. i thought everything going fine as my last default date was on dec 2007 and i can start build credit rating

 

But now I have received letter from company named: Lowell..stating that Barclay bank have sold my account to them and they got my address my credit ref agency... asking me to confirm the information they hold is correct and up to date....

 

... will they make affect my credit rating...if ignore them...im totally confused

 

1. do you want me to contact them ??

 

2. Do you want me ignore it

 

could you please please tell me what I should do to stop these letters and more importantly to save my file on credit reference companies (like Experian)

 

 

thanks in adavance

 

 

Good morning,

 

 

Lowell is a debt purchase company.

 

 

Do you have any defaulted accounts showing on your credit files now?

 

 

If not Lowell Cannot put any entry on your files again.

 

 

Defaults are removed from credit files on the 6th anniversary of the default date paid or not and cannot return.

 

 

If there has been no payment or unequivocal written acknowledgment of the debt Lowell have purchased since December 2007 the debt is statute barred anyway.

Unless Lowell fully explain exactly what it's chasing file the letter and ignore until further information is provided.

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

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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