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    • Holding my hands up I was a naughty boy driving a transit van along the A55 in Wales in February and exceeded 60mph in what I thought was a 70mph zone. ( all to do with the weight of the van). When I realised the error of my way I took the fine and sent my licence off by Royal Mail. Yesterday I received a letter from North Wales Police saying that I was now being prosecuted in court for failing to surrender my licence. I paid the fine as soon as I received the £100 penalty letter and carefully read the form ( which is confusing to say the least) and immediately took a walk to the post box and sent my licence off. In hindsight I’m a fool for believing that the licence would get to the HMCS in Loughborough without the need to track and trace the letter. I still believe that Royal Mail hasn’t lost the letter with my licence in it as I have never had any other letter go astray. I believe the licence is with HMCS it’s just not yet been processed probably due to Covid backlog. Seems Covid is to blame for everything these days. How can I avoid this going to court? I’ve never had a speeding ticket in over thirty years of driving or any other ticket hence why I was keen to comply with the ticket and send my licence off as instructed.
    • Rejection letter to be sent to the FOS   I am declining your decision of 13th April for the following reason:   Much of your decision is predicated on your view that Aviva had a “process” in place and that they follow this process and as a result the decision to enter an insurance contract in 2015 was fair. 1.      Nowhere in your decision have you explained what the process was and whether in fact the process was fair. Clearly your view is that regards of the process, all that was needed was for Aviva apparently to follow this process and any outcome would be fair.   2.      On 2 June 2021 I received a telephone call from the Aviva complaint team. During the conversation, they informed me that in fact that in 2015 the call handler had been wrong and had not followed the correct process. The Aviva caller told me that it was not part of the process for the call handler in 2015 to refer her suspicions to her manager. Clearly, if the call handler in 2015 had adhered to the correct process and allowed herself to be guided by her own suspicions then Aviva would not have agreed to provide the insurance cover and they would not have become the victim of fraud. In fact that we find is that the correct process at the very serious suspicions of the call handler were overridden by a manager. It seems evident that either Aviva has misled you as to the nature of the process or else they have not disclosed their process to you. It may even be that they do not have a written “process”. They only have “a way of doing things”. If it is correct that you have not seen the Aviva process but have simply taken their word for it, then it is clear that your investigation and your decision has for the short of any reasonable standards. If on the other hand Aviva has misled you as to the nature of the process, then I think you have a very serious issue with Aviva. I believe that you have ever seen the “process” upon which you are purporting to rely on your decision. You may be interested to know that the man who defrauded Aviva also attempted to use my identity to defraud a number of loan companies. I’m pleased to say that all of them exercise sufficient diligence that they did not become victims of the fraud. Only Aviva failed to exercise proper care and allowed themselves to be defrauded. You may also be interested to know that the police have interviewed me and they have interviewed my brother and they are preparing to charge my brother in respect of his fraudulent activity. I am under no suspicion whatsoever. The police have informed me that they will be speaking with Aviva facing fairly soon. There are many other reasons why I am refusing to accept your decision. All the other reasons turn on the fairness of your decision that the reasons above, go to the heart of your own process and the quality of your investigation. I think it’s not insignificant that I have submitted a Freedom of Information Act request and also a Data Protection Subject Access Request to you and so far you have failed to respond within statutory deadlines. I have also sent Aviva a Subject Access Request and they have extended the deadline for compliance by a full two months for spurious reasons which I do not believe. I have also asked Aviva for sight of their policies and procedures in respect of the rules that they apply to their customers for the setting up of new business and I have received no response. The Aviva website makes a show of being aware of the dangers of domestic financial abuse and they trumpet their association with the organisation Surviving Economic Abuse and they say that their staff are all trained in spotting the signs. I have asked to see their abuse policy and I have received no response. None of this is surprising.    It is clear that Aviva have acted carelessly. They were suspicious but preferred to get the new business. It is Aviva which is the victim of fraud but they prefer to try and avoid their responsibility and pass the buck onto me. I’m pointing out that it is Aviva which is the victim of fraud because I can state categorically now that I have no intention of paying any of the money which Aviva is demanding of me. I notice that Aviva prefers to harass me for an alleged debt rather than simply bring a claim in the County Court where an impartial judge would look at all the evidence including information which so far Aviva has declined to disclose.   This letter is intended to decline to accept your decision but also is intended to be my formal complaint which I wish to be escalated to the Independent Assessor. Please confirm receipt of this complaint, provide me with any policies and guidelines the Independent Assessor route and also let me know the timescales involved.   Yours faithfully
    • The G7 hasn't gone to plan, has it?   Rather than showing the UK off as a potential global leader, Johnson has probably started a trade war with the EU and is being told that other nations don't trust him.
    • Hi   I assume this mattress was the Tenants own property?   So after moving out the Tenants provided an attachment showing a stained mattress and wanting full deposit back and threatening to claim against you for this.   1. Tenants failed to notify you of this stained mattress issue until the end of tenancy after they had vacated the property.   2. You have no evidence that this was the actual mattress used in that property nor evidence to back up there claim the staining caused this mattress damage.  (i.e. one of them could have had an accident and wet the bed or done this when they moved from the property).     3. Ask them that you wish the mattress independently inspected. (which you are fully entitled to do and if it proves this claim is false it will be added to the deposit claim by you the landlord for damages as well as the Garden if you need to get landscapers in to carry out the work that should have been carried out by Tenants as per Tenacy Agreement and raised  by yourself (Landlord) on a few occasions which Tenants failed to rectify even at end of tenancy.   4. Ask them to provide you with the contact details of there Contents Insurance Company (tenants whether Private or Social Housing should always take out and have Contents Insurance but is up to that tenant) bet they don't provide it Big question is the Deposit protected in a Tenancy Deposit Scheme (TDS) and those Tenants that have left were given a copy of the Prescribed Terms for that TDS? (Bear in mind you may need to tell TDS that you are in dispute with the Tenant about damages i.e. mattress and Garden)    
    • plenty of time to research and calm down. nothing much to do until the end of june.    
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Hi

 

I recently paid off a default on a Capital One credit card although I was disputing the amount as I need to obtain a loan from elsewhere.

 

Long story short:

I had a £300 limit, thought I had removed the regular payments from it but hadn't,

a forgotten regular bill kept being charged to the card and

 

as a result, my balance ballooned from £250 to almost £800.

 

I spoke with the god-awful customer service team who told me (and I quote)

" your credit limit is a guideline only"

when I asked if I could go buy a Ferrari on a £300 limited card, the operator replied "yes".

 

So I had a few back and forth's with Cap One culminating in a stalemate of two years

- they chased me, I ignored them explaining regularly that I would only deal with them when they explain how £300 was allowed to get to £800

with no notification or rejection of payments.

 

I eventually paid the balance to try to end the situation and four calls a day from Fredricksons despite being really angry.

 

As a result I have a default notice on my credit file and a score on Noddle of 1/5 despite paying everything else perfectly by DD for my entire 35 years on this planet.

 

I want this unfair default off my file pronto as I need to re-mortgage inside the 6 year time it will take to leave my account.

 

Talking to Capital One is a complete waste of time and I can't help thinking that writing to them is a waste too.

 

Noddle/Experian etc say they won't put a notice of correction on there because ultimately, its my fault for not checking my balance and to some extent, I accept this.

 

So to my question:

 

Can I use the data protection act to remove the default from my credit file?

When I signed up to my account, I agreed to let them register information on me via credit referencing agencies.

 

What will happen if I remove this permission along with retrospective permission,

which I understand is my right to do? Anyone who has done this, I'd appreciate it.

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You might want to make a formal complaint to their Head office.

 

http://www.consumeractiongroup.co.uk/forum/content.php?834-Fair-Treatment-for-Credit-Card-Holders-and-Borrowers

 

First of all, have a read of the article linked above and see if there is anything that applies. .

 

I am assuming they also added default charges to your account - those are reclaimable.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Would the default have been registered without the charges? How much was the actual amount you owed BEFORE any charges were applied?

 

If the default is made up of charges then you could contest it. If not, then the default is fair and an accurate record of the standing of the account.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Thanks for that, I will have a read through :) Is the DPA an option if letters and complaints don't work? Thanks :)

 

TBH, I really don't know. I have attached the Information Commissioner's guidance on Defaults, I don't know if that will have any answers for you.

 

 

[ATTACH=CONFIG]45587[/ATTACH]

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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One of the problems I have is that the account was online only and as soon as the account was passed to Fredricksons, I lost access to everything. I will ask for the statements of how much they charged me in default charges when I complain, out of interest to see what they have had out of me. I think there is a fair bit to trawl through on here to see how to complain properly which I will read :) I'd forgo the money if I could bash out a quick letter to all the credit reference agencies just banning them from recording my data - problem solved surely as the default is gone, one way or another?

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Sounds like you need to SAR capone. It's worth asking them first though as a SAR costs a tenner. But be ready to pay that money if they dont cooperate.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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A SAR is a legal request for any and all info they might hold on you. If theres something you want specifically, make sure you name it in the sar, as some creditors will not fully comply with the request, but they must send you the specific info you asked for.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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I think I will try both approaches...one to get my default money back and the other just to see if the DPA approach works. I'll make sure I'm fool proof on my SAR, although Cap One seem to be staffed by some form of life form below a fool.

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sar first

 

get all the statements.

 

where these late/over markers or was a real default notice was sent under the CCA act?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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