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    • Hello, on 9th of July 2018 I was issued a CCJ for 326£ for a non payment into my Natwest account - 6 month earlier I moved abroad and despite my better knowledge my direct debit with the phone company wasn't properly closed and the Natwest account went into arrears for that amount. As soon as I found out of that matter on 20th October 2018 I settled the amount in full with Moorcroft (the debt recovery agency instructed by Natwest to recover the amount).   When I returned to the UK I was shocked that my credit score was completely depleted - despited an otherwise good record - and that for the following 5 years I won't pretty much be able to access credit and other common financial products regardless of the fact the debt has been paid in full (and despite a stable high salary etc.).   When I contacted Moorcroft in January this year they said they can't do anything about it and the record will stay as is. They said the best they could do was to send me a letter (attached) that I can use as a confirmation that the CCJ was now settled. I was pretty sad and frustrated and shocked that a 300£ debt could put me into such distress (I literally cannot even get a monthly mobile phone plan) and despite having settled it I would carry such consequences for the next 5 years... so I archived the letter and tried to forget about it.   I recently checked my credit report and it states that the CCJ status is still active.   I would like to ask:  - is it really not possible to adjust the CCJ status ?  - are there any actions I can take to mitigate my situation ? - shouldn't at least Moorcroft have sent a more comprehensive letter stating that the CCJ was settled (instead of a generic 'payment received' with no indication of what and why) ?     Note: when I tried to contact Natwest in October 2018 they bounced mee across several departments but ultimately no-one could/would want to help as the account was permanently closed and passed onto debt recovery and they couldn't find much information about my records (apart from saying it's closed and Im no longer a customer of the bank and won't ever be able to be one again).   Thanks, V
    • I hope we can keep this thread for a discussion of SDs. If it descends into a slanging match then there probably isn't much point in having it.   HB
    • phew, just got an email from scmreferrals@justice.gov.uk.    I was worried that because the N180 was 5 days late, they would reject it.    There is still an new default on my credit file for the original amount + court costs. Surely Lowell shouldn't have submitted this yet?  
    • The solicitors have acknowledged my CPR request but have yet to provide anything, no response to my CCA request yet.   I would like to get a defence in before the end of this week, can anyone help me put together a defence?   Thanks
    • There were express terms of repayment of the capital plus interest over 60 monthly instalments.  However, you are saying the Default has no effect, so that when charged-off the interest did not have to be rescheduled?   P.S. It may be irrelevant, I don't know, but I can’t see an acceleration clause in the CCA allowing them  to ‘call in’ the entire amount of interest on the 5 year loan?  Copy of the Ts & Cs from my original CCA attached. Clause 2 (c) refers to interest being charged until settlement, but I’m not sure that is an acceleration clause.   If you have any thoughts on the above they would be greatly appreciated. 20191120102845876.pdf
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DeeDubya20

Web Design Company Threating Court Action Against Me

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Hope someone can help.

 

I recieved a call from a Web Design company offering a free web design with no obligation. I agreed to the trail as their prices were competative.

 

I viewed the web site that they had made and I was not impressed. I told the owner that I thought it looked basic an could they change the design, which they agreed.

 

They changed the design and I was pleased with it. I asked them over the phone how to go ahead with this. They advised they would send me out an invoice and the process to inform my current website supplier.

 

I recieved the invoice, but did not pay them due to an increase in work load in my business. I recieved a text from the owner asking me to pay the invoice. I sent him a text back asking if we could put this on hold until the new year due to my workload. I got a text back saying they could delay the website start date but would require payment straight away.

 

I did not pay, again as I was very busy and not had time to look into it further. I then recieved a text from the owner again saying that if I did not pay by a certain date he would take legal action against me.

 

I then sent him an email advising that I wished to cancel the order as I did not want to work with someone who would send threatening texts like this.

 

I got a bit of a snotty email back to which I have not replied. I have had a couple od text messages saying they are going to take me to court plus costs and interest unless I pay the invoice. I have had a letter from him saying the same.

 

I do not feel I am tied into anything as I have not signed anything, and I have his orginal email which states no obligation web design. Am I correct or should I be worried?

 

Many Thanks in advance for all your help.

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You don't need to have signed anything or to have a written contract for a binding agreement to exist.

 

It seems to me that a contract may have come into existence when you called them and told them to go ahead.

 

However, if you now wish to withdraw from the contract then you would only normally be liable for the value of the work they have done and if the site is not complete then I don't see that they can force you to pay the entire sum.

 

However, you will have to pay something and if the site is not complete then you will receive nothing of value in return.

 

Dealing with web designers is very difficult and it is always a mistake to do things over the phone.

 

I'm sorry to say that you have admitted that you have been putting off paying because of your own work commitments. I think that you have to try and imagine how things would be for you if your own clients didn't pay you for work which you had done simply because they were too busy with their own clients.


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