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    • It sounds as if they need better algorithms or another way to check. DWP algorithm wrongly flags 200,000 people for possible fraud and error | Housing benefit | The Guardian WWW.THEGUARDIAN.COM Exclusive: Two-thirds of housing benefit claims marked as high risk in last three years were legitimate, figures show  
    • I'm afraid that both yourself and we will need to see the claim form as a basic minimum. As this person has issued proceedings, we can't go any further at all without understanding the detail of what they are claiming on the basis of the claim. When you receive a claim form then you might normally respond within 14 days either with a defence or an acknowledgement of service. If you don't respond with either of these then the claimant can go ahead and obtain a judgement against you in default and that then becomes a bit tricky and also a bit expensive to overturn – called "a set-aside" If you don't file a defence but you supply an acknowledgement, then you get a further 14 days so up to 28 days to file a defence. I understand that you have had difficulties accessing the claim form. I'm afraid I don't know why that is not sure how much help we can give you on that. You're going to have to do this is a matter of urgency whatever the runs are rights of your position are. Once we understand the claim form, then we can advise you as to the next step and also we can put the claim in the context of your own story and decide how best to defend. I'm at a bit of the lost to give any more constructive advice at this point. Access to the claim form is essential. You could telephone the County Court business centre which I think is in Northampton. They have a helpline and maybe they can give you some solutions – but in the meantime, why can't you access the password reset? Have you checked your spam folder?
    • Thanks very much BankFodder, your help is invaluable and I will read through it more carefully this evening.  At this time I am not aware of any information I have left out. And thanks to jk2054, I realised after sending it about the third party rights, you are absolutely correct and I will proceed as standard BOC claim. I'll come back with any questions once I've had a thorough re-read and so I hope to get the letter emailed and posted early this week so I can start the 14 day clock. Thanks again, M
    • The original LOC is wrong. You are nothing to do with third party rights.   you placed the order on EVRi's website so there is no third party rights in it, its a standard BOC claim
    • nike pre provide the labels arguably here the easiest target is nike because they will give in very easily.  
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    • If you are buying a used car – you need to read this survival guide.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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I am thinking of applying for a mortgage this year, so thought it would be good practice to check the old credit file.

 

I found that a default had been lodged on my Call Credit file for £5,650.00 by "Barclays Partner Finance"

( default date has been set at 11/05/2011 ) when I am sure they have changed the date of default forward, as I defaulted on that loan way back in 2008.

 

But on top of that, they forwarded that same debt onto a Debt Collecting agency called "CapQuest Investments Ltd"

who have set their own default for the debt - Date 31/12/2009 amount £5,961.00.

 

I am not sure if this debt has been sold on to CapQuest,

or if they are just acting for Barclays Partner Finance,

but in any case, is it legal to lodge 2 defaults for one debt?

 

The default lodged by CapQuest, is on all 3 credit reference agencys,

but the default lodged by Barclays Partner Finance, h

as only been put on Call Credit,

 

either way, my chances of getting a mortgage with even one default is remote I think?

 

I just need to know what the best way forward is going to be for me?

 

I have read somewhere on the forum, that people have managed to negotiate with the Debt Collection Agencys to remove the default by paying off the debt in a lump sum,

and if this is possible, then would I be right in saying that, Both companies would have to remove the default, if the original company holding the debt agrees to remove their default?

 

Many thanks, in anticipation!

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Hi welcome to CAG,

 

What must be done before attempting to rectify the ''default date'' is to make a Subject Access Request under the Data Protection Act, this compels the creditor (not the DCA) to provide ALL the data that they hold on you and the account.

There is a £10 statutory fee for this, the creditor has 40 calendar days to comply. This should be addressed to the Data Controller at BPF by recorded delivery, check delivery, the 40 days runs from the day they receive the request.

There is a template letter you can use in the CAG library.

 

There can only be one default date for any debt what is the date on the BPF entry?

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There is also the point that Call Credit is not always as up to date as the other agencies imo.

You can place notices of dispute on all of the entries.

Once you have the data from BPF it will be easier to dispute this situation.

  • Confused 1

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

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Thank you so much for your reply Brigadier! Its good to know we are not alone in these "Messes"! Sorry to sound thick, but I am not familiar with some of the abreviations you used in your message, what is the DCA and what is the BPF? Thanks in advance

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Brigadier, in responce to your question :

 

" what is the date on the BPF entry? "

 

I have posted my request off to Barlclays Partner Finance for the " Subject Access Request "

 

So will be able to know more about the info about my account when I recive it.

 

Barclays Partner Finance has put the default date on my Call Credit file as 11/05/2011,

which is wrong, as the Account Start Date was 06/06/2007,

 

I made a one off payment to them in December 2008, then nothing else afterwards, s

o even if they left it to 6 months after that,

the default date should be around about July 2009.

 

Indeed my Equifax file has the Cap Quest default as 31/12/2009 and the same date on my Experian file.

 

I have lodged a complaint to Call Credit for Cap Quest putting there own default on the file,

when Barclays Partner Finance has allready put a default on the file for the same account.

 

I will let you know as soon as I recive the SAR from BPF,

and hopefully you will be able to advise me on who,

and how to bargain with, to get the default removed from my credit files.

Edited by markstone
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I just wondered if anyone has had any success in negotiating the succesfull removal of defaults from thier credit file,

and if so,

how did you do it (example letters you sent ect) ?

 

I have allready requested a SAR from the original creditor ( I think the debt has been past on, and both companys have put defaults on my credit files, 1

I am disputing as they are only allowed to logg one default on your credit file per account )

 

I am prepaired to settle the oustanding balance in exchange for the removal of the default, so what are my chances of success?

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I found this template on the forum, from someone who managed to get thier default removed because the bank could not place the original default notice that was sent -

 

" 20th June 2006

 

Dear Sir/Madam

Account number – 5434 XXXXXXXXXX

 

After recently obtaining a copy of my credit file from Equifax I was concerned to note that your company has placed a "Default" notice against an account in my name.

Further to this I have no recollection of ever receiving such a notice, and I therefore require you to substantiate this data at your earliest convenience.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account. I enclose a £1 cheque in payment of the statutory fee, Cheque number 100171.

2. You must supply me with a signed true and certified copy of the original default notice

I would request that this data is provided to me within the next 14 days, if you are unable to provide this data then I must insist that it is removed from my files as unsubstantiated.

 

Yours faithfully "

I am just interested if anyone knows, if this was the case, what is to stop the company issuing a brand new default notice if they can not find the origanal notice. Surly this would be worse, as you would have a further 6 years to wait for the new default to expire?

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Depends on how generous the creditors are. I have found DCA are more likely to play ball.

Thank you for your reply Danny. What was your own experience, any amunition would be gratefully recived!

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DCA's are very unlikely to remove defaults from credit files, DCA's don't play ball at all, they can be ignored as they are powerless.

 

Need more info regarding the debts, how old, how much, what, and who is the original creditor?

 

As for getting defaults removed from credit files, this is pretty much a non starter, unless the entry is incorrect then you won't get them removed.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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DCA's are very unlikely to remove defaults from credit files, DCA's don't play ball at all, they can be ignored as they are powerless.

 

Need more info regarding the debts, how old, how much, what, and who is the original creditor?

 

As for getting defaults removed from credit files, this is pretty much a non starter, unless the entry is incorrect then you won't get them removed.

 

Thanks for the reply Bazooka Boo. It seems I am getting conflicting veiws on the forum on wether it is possible to negotiate the removal of a default. I found this template on the forum, from someone who did managed to get thier default removed because the bank could not place the original default notice that was sent -

 

" 20th June 2006

 

Dear Sir/Madam

Account number – 5434 XXXXXXXXXX

 

 

After recently obtaining a copy of my credit file from Equifax I was concerned to note that your company has placed a "Default" notice against an account in my name.

Further to this I have no recollection of ever receiving such a notice, and I therefore require you to substantiate this data at your earliest convenience.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account. I enclose a £1 cheque in payment of the statutory fee, Cheque number 100171.

2. You must supply me with a signed true and certified copy of the original default notice

I would request that this data is provided to me within the next 14 days, if you are unable to provide this data then I must insist that it is removed from my files as unsubstantiated.

 

Yours faithfully "

 

So if I can prove that a default notice was never sent, then I may be in with a chance?

This is my story history so far :

 

" I am thinking of applying for a mortgage this year, so thought it would be good practice to check the old credit file. I found that a default had been lodged on my Call Credit file for £5,650.00 by " Barclays Partner Finance " ( default date has been set at 11/05/2011 ) when I am sure they have changed the date of default forward, as I defaulted on that loan way back in 2008 . But on top of that, they forwarded that same debt onto a Debt Collecting agency called "CapQuest Investments Ltd" who have set their own default for the debt - Date 31/12/2009 amount £5,961.00. I am not sure if this debt has been sold on to CapQuest, or if they are just acting for Barclays Partner Finance, but in any case, is it legal to lodge 2 defaults for one debt?

 

The default lodged by CapQuest, is on all 3 credit reference agencys, but the default lodged by Barclays Partner Finance, has only been put on Call Credit, iether way, my chances of getting a mortgage with even one default is remote I think?

 

So I just need to know what the best way forward is going to be for me?

 

I have read somewhere on the forum, that people have managed to negotiate with the debt collecting agencys to remove the default by paying of the debt in a lump sum, and if this is possible, then would I be right in saying that, Both companies would have to remove the default, if the original company holding the debt agrees to remove their default?

 

I have posted my request off to Barlclays Partner Finance for the " SAR " So will be able to know more about the info about my account when I recive it. Barclays Partner Finance has put the default date on my Call Credit file as 11/05/2011, which is wrong, as the Account Start Date was 06/06/2007, I made a one off payment to them in December 2008, then nothing else afterwards, so even if they left it to 6 months after that, the default date should be around about July 2009. Indeed my Equifax file has the Cap Quest default as 31/12/2009 and the same date on my Experian file. I have lodged a complaint to Call Credit for Cap Quest putting there own default on the file, when Barclays Partner Finance has allready put a default on the file for the same account. I will let you know as soon as I recive the SAR from BPF, and hopefully you will be able to advise me on who, and how to bargain with, to get the default removed from my credit files.

Edited by markstone
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You can only get data removed from your credit report if it is incorrect.

 

If you have defaulted on an account then the data is accurate.

 

However you are correct, the agency should only show one defaulted account.

 

They shouldn’t be showing the original creditor and also the DCA.

 

If the data is incorrect you can do two things,

contact the lender directly and have them amend the information or contact the Credit Reference Agency and raise a dispute.

 

They can then contact the lender themselves to dispute this on your behalf.

 

Credit reference agencies will only amend or delete information from their files when instructed to do so by the institution that provided it.

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You can only get data removed from your credit report if it is incorrect. If you have defaulted on an account then the data is accurate. However you are correct, the agency should only show one defaulted account. They shouldn’t be showing the original creditor and also the DCA. If the data is incorrect you can do two things, contact the lender directly and have them amend the information or contact the Credit Reference Agency and raise a dispute. They can then contact the lender themselves to dispute this on your behalf. Credit reference agencies will only amend or delete information from their files when instructed to do so by the institution that provided it.

I am waiting to see how Danny managed to get 3 defaults removed, should be interesting. That is two people I have seen on this forum, who have got defaults removed ( I accept everyones circumstances will be different ) but it does give me hope ( even if the defaults are legit )

Edited by markstone
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I am confused,

because after speaking to one of the debt advisors at "National Debt Line"

she told me that a the new owner of the debt was allowed to issue thier own default,

 

I have ended up with a default date of 2011 from the origional creditor on my Call Credit file

allong with another default for the same account with the correct date of the default of 2009 also on my Call Credit file.

 

The company who has bought the debt has also logged the default on Experian and Equifax.

 

So is this wrong?

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Thanks for the reply "Big Shoes Big Socks" ( great name!! ) This just confirms that I don"t think the default date is correct on my credit files. I have ordered a SAR from my origional creditor to get the info they have on my file.

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