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    • 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  note the long gateway number given  then log in .  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  click thru to the end  confirm and exit MCOL. . .  get a CCA Request running to the claimant https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/  leave the £1PO blank and uncrossed . .  get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant] . . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . . type your name ONLY no need to sign anything . you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]  
    • Could you perhaps use the quote button so as to minimise confusion?  It's difficult to distinguish between what you quote and what you are saying.  (Actually it is quite easy to tell the difference).
    • Name Of Claimant - Lowell   Date of Claim - 11th nov 2019   What is the claim for – the reason they have issued the claim? 1)   the defendant entered into a consumer credit act 1974 regulated agreements vanquis under account reference xxxxxxx 2)   The defendant failed to maintain the required payment, arrears began to accrue 3)   The agreement was later assigned to the claimant on 29 September 2017 and notice given to the defendant 4)   Despite repeated requests for payment, the sum of 2247.91 remains due outstanding And the claimant claims a)The said sum of £2247.91 b)The interest pursuant to S 69 county courts act 1984 at the rate of 8% per annum from the date of issue, accruing at a daily rate of £xxxx, but limited to one year,  being £xxxx c)Costs   What is the total value of the claim? £2247.91   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? No I received the PAP twice?   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? NA Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? CREDIT CARD   When did you enter into the original agreement before or after April 2007 ? NO   Do you recall how you entered into the agreement...On line /In branch/By post ? BY PHONE/POST   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 HAS BEEN PASSED TO LOWELLS   Were you aware the account had been assigned – did you receive a Notice of Assignment? I CANNOT RECALL   Did you receive a Default Notice from the original creditor? I BELIEVE SO YES   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? LOST MY JOB AND COULDN’T AFFORD PAYMENT/INTERESTS   What was the date of your last payment? APPROX JAN 2015   Was there a dispute with the original creditor that remains unresolved? I asked for the CCA and they sent me a computer printed balance statement   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? I believe I contacted them explaining I had lost my job and for a holiday period which they refused. Although I cannot recall 100%   Just to sum up what has happened through this thread: -       defaulted around May 2015 -       2017 lowells got involved, asked for my CCA from OC and SAR. Vanquis, no acknowledgement of the dsar/ sar, they have however sent me their terms and conditons, fact sheets, along with 2 computer print outs of my details. I think they were considering it the CCA. -       lowells sent pap, replied, they sent again, replied again -       Court claim    
    • sorry busy day attached is a large file re clear agreement/ T&C's   is that obscured signature typed or your real sig? Exhibit__Cabot_Vs_Roland.pdf
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Kdtoll

Noticed 2 defaults, need advice please.

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Hi,

 

I am new on here and would really appreciate some help/advice if possible. I have recently checked my credit file and noticed I have 2 defaults on there. I knew I had these debts years ago but thought it has been longer than 6 years. I am sure it is to be honest.

 

I have a £407.00 debt with Lowell financial limited and another £209.00 with Marlin financial services, the first debt was with T-Mobile over 6 years back I am almost positive but on my credit file it shows Lowell have defaulted me from 2008 which is atleast 2 years after missing payments with T-Mobile.

 

My 2nd debt is similar in that it was with Clydesdale bank also over 6 years ago but have a default from Marlin in 2010, so why are these defaults appearing from these debt collectors years later than they should?

 

I am not sure exactly how this all works but it seems I should have been defaulted shortly after missing a few payments with the original companies and not years later by these debt collectors. Please correct me if I am wrong in any way.

 

These are small debts in essence and are now causing me problems as wanting to get a mortgage soon, all my finances have been back on track for some time and feel its a harsh punishment for so little amounts. But does this sound legit?

 

What can I do if anything? Just so annoyed as these defaults have only been placed 2 years ago for one of them and 4 years ago for the other when surely should have been defaulted alot longer ago, no?

 

Any help or advice would be greatly appreciated.

 

Thanks.

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Hi Welcome to CAG.

 

Lets break this down one debt at a time Lowell first.

 

When was the T mobile debt defaulted by TMob?

Lowell should update the credit files when the aquire a debt BUT the original default date MUST be kept.

 

The Debt with Marlin /Clydesdale.

 

When was it originally defaulted?

 

Here are some facts to work on,

1. The date an account was opened is not really meaninfull when looking at defaults.

 

2. Defaults are usually placed within 6 months of the cause of action. ie the date when a payment was due and not made, after which no further payment was ever made.

 

3. Defaults are after 6 years from CRA files paid or not.

 

4. Statute Barred == 6 clear years with no payment or written acknowledgment of the debt.

 

So you need to know when/if Orange defaulted your account, the same applies to the Clydesdale account.

 

I think youneed to make A Subject Access request to Orange and Clydesdale to get all the data on the accounts, there is a statutory fee of £10 for this the creditor has 40 days to comply.Use the template from the CAG library and address the request to the Data Controller at the creditors head office addresses.


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Thank you for your helpful response. I am not sure at all the dates when T-Mobile or Clydesdale defaulted me roughly about 6-7 years ago I would reckon for them both but this is just guess work.

 

I will take your advice and send a subject access request that you mention, so I send one to t-mobile and one to Clydesdale bank with £10.00 enclosed in each is this correct?

Also is it ok to enclose £10 in cash as don't have a cheque book?

 

I am certain these debt collection agencies have not kept the original default dates and will be chasing this info up as per your advice.

Thanks and look forward to your reply.

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Hi it would be best to use a postal order obtainable fromany post office for a small fee, safe and secure and can be tracked.

DCAs buy debt6 with the absoluteminimum of information, Default Notices are not routinely stored as hard copy,just note i the records that a DN was set on a certain date.


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Hi it would be best to use a postal order obtainable fromany post office for a small fee, safe and secure and can be tracked.

DCAs buy debt6 with the absoluteminimum of information, Default Notices are not routinely stored as hard copy,just note i the records that a DN was set on a certain date.

 

Ok thanks I will send via postal order. Sorry 1 more thing, do I ask them to include the date when they issued the default or will that already be part of the information they send to me after I send the letter off?

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YES ask for the original default date specifically and the actual default balance.

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YES ask for the original default date specifically and the actual default balance.

 

Ok will do, thanks alot for your help.

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Please also check the date that they receive the request, the 40 days starts from then.


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Will do, thanks.

Good luck please keep us posted!!


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Its a well known trick of the DCA's that they register their own default dates, normally when they acquire the debt.

 

Only the original date of default from the original creditor is valid.

 

Quite how they get away with this repeatedly is a disgrace. It will usually be attributed to an "administrative error" but you will have to prove it by SAR the original creditor.

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Occurences such as this are not an every day occurence, and is easily spotted and sorted out, the most common error is that when a DCA updates the entry for a date they have aquired they enter a whole new entry instead making it appear that 2 seperate defaults have been filed in 99.9% of cases the original default date is shown on both.

However there is some chang afoot it seems that the original entry will be marked as settled Balance £0 and a new entry with the balance £xxxx registered under the debt purchasers name, this is supposedly to reflect the true conduct of the defaulted account.


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Was going to send letters on friday when I have a day off but sent an email to both ceo's at marlin and lowell to see if any luck. Lowell have emailed back saying I offered a good explanation and they will as a gesture of goodwill close my account on their system and have the default removed and that they would expect the default to be removed within 5 working days and I should check my credit file then for evidence of the removal.

 

Sounds good to me. I have not heard back from marlin yet and this is the main one as it does not leave my file until 2016 and is for only £209.00 originating from clydesdale bank. When I think about it this debt as av said is the wrong default date in which you advised me to send a sar which I will still do if not heard back very soon but I had a standard current account with clydesdale bank with no overdraft but remember clearly that one day an overdraft of £100 was suddenly there, me being quite poor then as at college said nothing an began using it but paying back in regularly but when I left college got a job but made unemployed I had no money just jobseekers allowance at this time and occurred a bank charge that they would not refund therefore it came to this unfortunate scenario.

 

Does that change anything that a mystery overdraft appeared without my say so and that bank charges have caused this? Or should I still just send a sar?

 

Thanks for anymore help/info.

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Definitely send the SAR. Tell them that you require everything that they hold about you

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If this ''mystery'' overdraft is pure charges then it should not result in a default and should not be reported on CRA files. the ICO Technical Guidance states that

''if a default sum is made up of charges without which the account would not have defaulted then no default should be placed''.


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