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    • So I am now in receipt of a second Letter of Claim this time from DCBL although their letter head now says " DCBLegal"  😱 Now I'm guessing one response to a letter of claim is sufficient and I could ignore this but having been inspired by other snotty letters I wanted to have another bash at one. How does this sound? Dear Lackeys of Company with Unconscionable Morals, Thank you ever so much for gracing me with yet another Letter Before Claim on behalf of Excel Parking Services. How many of these delightful missives do you plan on sending before you muster the courage to follow through on your threats to take me to court? Just so we're clear, here is the response (in italics by that I mean the slanted text below) I previously sent to Excel’s Letter Before Claim, in case your attention to detail is as lacking as I suspect: I am currently 2-0 up in terms of Small Claims Court proceedings and I look forward to the opportunity to claim a hat trick, this case being more straightforward than my previous two. I will be asking the court for an unreasonable costs order under CPR 27.14(2)(g) due to your conduct over this absurd claim. Despite my best efforts, you continue to assert that I have breached your terms. However, I cannot breach terms that I was not present to accept. Have you even read my initial response? I suggest you review it thoroughly and save yourself some money. Additionally, please refer to section 13 of the IPC Code of Practice, 2023 edition. I eagerly await your deafening silence. Remarkably, I haven't heard a peep from Excel since my response; instead, they've passed the baton to you to perform this tiresome routine once more. Consider this my official notice that I am sending a cease and desist letter to Excel Parking Services. Their relentless hounding has crossed the line into clear harassment. Any further demands for payment from you, as Excel's lackeys, will be regarded as nothing more than shameless acts of intimidation and harassment. I now look forward to the deafening sound of your silence. Yours sincerely,
    • Personally I'd go to it and object for the sake of it. They have to attend anyway so I can't see you being liable for any costs or anything (if they try to ask for attendance costs, just say that firstly it is their application, secondly it is from their own making, thirdly that they would have to come anyway so you shouldn't need to bear their costs.   When you turn up you should object on the basis that the witness has been in office since the time of the order, and could have done their witnes statement in advance of their AL. Their poor planning is not your fault, 7 days is too rushed for you as a LIP and there is no good reason that a company can't organise itself to sort WX in time. Also they say finalise so they already have something, its not like thye have nothing. Their amendments cannot be so important if they are being added so late.   see what @AndyOrch says but that's my thoughts  
    • Yes, in the main your understanding of my case is right. Linked below to the post with the final WS sent to the court and to Evri.   
    • Hello, welcome to CAG. As you say, appealing this ticket doesn't help as these people hardly ever accept appeals. They don't care how difficult someone's life is, they just want the money. The forum guys should be along later with thoughts for you on how to deal with this. Best, HB
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2 defaults from Orange


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Hello

 

I have just joined and been taking a look around thought i would ask for some advice.

 

Some background information. I had a business account with Orange. When i took another phone out they put it on a seperate account meaning two DD dates etc. Anyway the accounts become where i owed money. I was paying off odd bits here and there still.

 

Orange passed the debt onto an agency who i then paid and settled with. All my Orange accounts have now been paid and are completely settled.

 

Anyway i applied for a Experian check a few months ago that says Orange had logged a default aginst my account. When i called orange they advised me to email their credit referal team.

 

I left this for a few months as i had other issues ongoing.

 

I then decided to email Orange regarding this and they came back with the standard "our records are right and will stand for 6 years". Ive looked around a bit and thought i will do another credit check to see how everything sits now its all paid.

 

To my shock Orange have placed 2!!! defaults now one from 08/2012 and 2nd from 09/2012. The first one shows a balance underneath of £114 and the second one shows account balance of £0 ???

 

Can anyone advise on what i can do from here. I have tried the sympathy route. But now im in even more of a mess because they have logged 2 on my account

 

Any help is much much appreciated. Thankyou

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The entries refer to the original default and then the satisfaction of it, although it may appear wrong Orange are correct, the only way forward is to write to the data controller at Orange and ask for the original deault entry to be removed.

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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Hello Thanks for the reply

 

Do you have any advice on this. I know some people say that if its right, then it cant be removed.

 

I didn't receive any notice to say it had been logged on my account. This was only found out when i paid for my own credit check. I hadnt received any telephone calls from Orange to state the account was in this situation. They passed details to a DCA who i paid immediately then called Orange and did the same with my other accounts open with them

 

This is all now only showing as satisfied and not settled. At best i would like default removed. At worst i would at least like the default to show i paid all of this. Otherwise seriously what was the point in ever paying any of it ? I may aswell have just played stupid with them and eventually got it removed like most other people who don't pay up.

 

I know they dont legally have to notify me they will log a default. But i spoke to them on several occasions, Orange and the DCA both confirmed paying these off in full would not have any effect

 

I did ring them several times to say is it better for orange to reconnect me and then for me to pay in full. they adv no point and wouldnt effect anything on my credit file.

 

Thanks

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The satisfied entry is the correct form in this case, you should receive a Default Notice'' giving you 14 days to remedy the default.

As said you need to send a complaint by recorded delivery to Orange 'avoid calls to customer service dept.

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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The satisfied entry is the correct form in this case, you should receive a Default Notice'' giving you 14 days to remedy the default.

As said you need to send a complaint by recorded delivery to Orange 'avoid calls to customer service dept.

 

Would i still receive a 14 day letter to remedy a default from a Mobile Phone company. Ive read that they do not legally need to do this?

 

I have yet to actually write to them. I have only emailed their credit referral department. Who would you advise to write to them recorded?

 

What sort of points should i raise in best attempts to have this removed. As i have never received any notification of this default.

 

Any advice before i start writing? I dont want to mess this up

 

Many Thanks agin

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Ok lets see what we can do:

 

This goes to the Data Controller at Orange Head Office.

 

Ref: xxxxxxxxxxxxxxxxxxxx

 

Formal Complaint.

 

Dear sir I write in reference to entries placed on my credit reference files by Orange (enclose a screenprint of the CRA entries) two default entries are showing on these files whereas only the settled £0 balance entry should show.

 

I consider this manifestly unfair considering all outstanding amouts were cleard almost immediately, I look to Orange now to be fair and reasonable in regard to this and remove the unsatisfied default entry from the records.

 

I look forward to a reasoned response.

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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Ok lets see what we can do:

 

This goes to the Data Controller at Orange Head Office.

 

Ref: xxxxxxxxxxxxxxxxxxxx

 

Formal Complaint.

 

Dear sir I write in reference to entries placed on my credit reference files by Orange (enclose a screenprint of the CRA entries) two default entries are showing on these files whereas only the settled £0 balance entry should show.

 

I consider this manifestly unfair considering all outstanding amouts were cleard almost immediately, I look to Orange now to be fair and reasonable in regard to this and remove the unsatisfied default entry from the records.

 

I look forward to a reasoned response.

 

Thanks for this. Appreciated. Below is the email they have just sent back to me after i sent my first email

 

"

Thank you for getting in touch with us about the issues you have had with your Orange account and the information on your credit file.

We appreciate your patience and regret the inconvenience caused to you in this matter.

However, after investigating your account, we are unable to make any changes on the credit file as we are bound to show the true reflection of your payments with all the credit reference agencies. I do understand your concern in this regards and apologize for the discomfort caused, however, the account does reflect that your invoices were due from 24/07/2011 until 24/12/2011 and again from 24/01/2012 to 24/03/2012. We appreciate that you did make the payments starting from 31/12/2011 and again from 02/08/2012 to the debt recovery department. These were however paid in full and the same has been reflected on your credit file. This default balance is correct and will remain. As debt has paid in full and updated it show as satisfied the balance. This default balance will remain on your credit file for 6 years from the date of default.

 

To obtain the copies of reminder letters sent to you, please contact Orange collections team on 07973100178.

 

 

I truly regret that I am unable to make any changes to the credit file, however, do appreciate your patience in this matter.

 

 

Thanks & Regards

 

Renuka Malwadkar

Credit Underwriter

Credit Referrals Department

Orange Everything"

 

How should i respond to this. Should i continue? Should i said your letter? Request a final response?.

 

Would the ombudsman support me in anyway?

 

Many thanks

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Thanks.

 

Should i compile a letter asking for it to be completely removed first... If that doesnt work then get the false one removed. Or should i attempt slowly by asking what youve stated in your letter and see how it goes?.

 

Although i want the 2nd removed. I do t really feel happy to settle for this in the first instance

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Imo you need to get the 1st entry sorted first, there is an obligation on the creditor to report an up to date and accurate reflection of the account, so one entry only.

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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