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    • Hi   Something else I think you need to ask the Insurer for Clarification on is.   That you require full clarification on which clauses within the Terms & Condition of the Policy they are using to refuse payment under the Policy.     I would also consider sending the Insurer a Subject Access Request simply asking for 'ALL DATA' this covers whatever format they hold it in whether it be email/telephone recording/written format etc. (note: if they require you to use their own subject access request form always put 'ALL DATA' on their form)    
    • matters not what they come up with it's statute barred      
    • Revised defence:   The Defendant contends that the particulars of claim vague and are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply. I dont believe they have provided this yet correctly   2. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all. still stands   3. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   4. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   6. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   7. 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.    
    • Just received a letter from lowells sols stating they have note of my aos   They have stated they have attached -  Copy of agreement, statement and notice of assignment   HOWEVER - they had not attached my notice of assignment and they have sent me the same 'agreement' as before which was 3 pages of a computer print out, statement and some rehashed t's anc c's. i can re upload again but its exactly what i uploaded before   They state they have requested a copy of my default notice   So in light of this shall i still send the same defence? i think it still stands right?  
    • Just had a Clear Score update which says:   A credit or store card account will be removed from your January report. Organisation Name: Hoist Account Number: ****9048 Company Type: finance house What does this mean? This means that you’ve closed an account. Maybe you’ve changed your phone contract so the phone loan has been removed from your report. Why is this change not on my report yet? We get your credit report every month from Equifax, a credit reference agency. This update can be seen on your Equifax credit report now but will only be reflected in your ClearScore report when your report is next updated, which is on 2 January. Is this a usual part of the process? I'm submitting my defence this weekend. I'll post it on here first.
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Townsk

Capquest default on my Credit report

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ive just looked at my report and there is a default from Capquest for 598 - i have no idea who this is for and to be honest dont want to call them for fear of owing money however i am desperatly trying to sort out my credit rating

 

what gets me is that the start date is 2005 yet the default date is 2009 and only shows this -

 

JFMAMJJASOND2009 i_default.gif

 

If I took something out in 2005 where are the payments or non payments from 2005-2009 and when does this come off my account does it start from 2005 or 2009?

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the above should show the default is registered against nov 2009

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There should be some details of creditor somewhere on the report so you can contact them.

 

Which CRA did you use.?


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All defaults are removed on the 6th anniversary of the default.


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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its equifax i used

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Should be a list of contacts for the creditors on the report.


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Make an enquiry to EQUIFAX, asking for the identity of the unknown account>


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Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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yeah i get the info to ring capquest i just dont know what its for etc - i dont kmnow what the original debt is or to whom

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Do not phone Crapquest send the following letter.

 

To the Data Controller

Capquest

 

Ref: Credit Reference Agency Entries## (quote the number shown).

 

Sir,

 

I have recently checked my credit files held by Equifax and have found an entry placed by Capquest with the reference xxxxxxxxxxxx with a default sum value of £xxx.xx (copy of entry attached for information), I have no knowledge of any debt to Capquest and do not accept an liability for any such alleged debt.

 

I have not received at any time any correspondence in regard to any such alleged debt, given this information I know require Capquest to remove this entry from Eqiufax files and from all other agencies you may have reported to.

 

For clarification and the avoidance of misunderstanding I DO NOT acknowledge any debt to Capquest or any company you may claim to represent, and I have no knowledge of any such debt.

 

Send by recorded delivery or confirmed receipt e-mail.


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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