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    • Firstly let me say that this is not a frustrated contract because in order to meet the requirements of the doctrine of frustration, the contract must be really impossible to perform.  Maybe because the house doesn't exist anymore or because there is a law against it etc. Here you are simply talking about delay. So please forget frustration.   Secondly the advice you have received from Citizens Advice I'm afraid is dangerous and could lead you into litigation which you might possibly lose. Ignore it.   One thing I am not clear on it is how long the installation work will take. What have you been told?   I understand that you made a contract which suggested that the installation might take place at any time before mid-november. I'm afraid that in these kinds of service or building contracts you have to accept a reasonable delay. A 1st of February deadline was completely unacceptable and would have been unreasonable. However I understand that under pressure from you they have now given you a deadline of 7th of December.   Firstly I think that a delay of a time up to the 7th of December is probably just within the bounds of reasonableness. Secondly because you effectively put pressure on them to have a shorter deadline and they came up with the 7th of December one could say that you have now been complicit in the delay and so I don't think you are in a position to reject it.   I understand that your confidence may have been undermined by what has happened so far and I think that you are justified but I'm afraid that I don't think that gives you  a reason or an opportunity to void the contract now.   I think you are going to have to accept 7th of December installation date but I think it would be reasonable now for you to write to the supplier and to let them know that time is of the essence and that the 7th of December deadline is the last date which you will accept for installation and if the installation does not occur on that date then you will consider that the contract has been terminated by their breach and you will take all necessary action to recover your money.   I think you should send this letter in the form of a letter of claim.   A letter of claim normally gives 14 days notice before County Court action will be commenced.   In this case I think that you can give them notice that if the installation does not occur by the 7th of December and if you then do not receive your full refund by the 14th of December you will start the immediate action in the county court to recover the money plus interest and without any further notice.   The advice above depends on what you have to tell me about the time needed for the installation. Also if you decide to send the letter of claim which I've suggested above then I think it will be a good idea if you would draft your letter of claim and post it here so we can check it.    
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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Afternoon

After three hard years I am about to end my sequestration in April of this year. I'm wondering whether there is any advice from those who have come through the process on what I should be doing now and how to go about re-building my credit rating.

Many Thanks

D

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Personally I forgot about trying to rebuild my credit rating and lived within my means as not doing that got me in trouble in the first place.....it will be 6 years before your credit rating will improve anyway

Please contact a member of the site team if you are offered help off the forum for a a paid or no win no fee service.

 

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Many thanks. Over the past three years I've got used to living within my means and I don't see that changing. I'm assuming it's six years from when I was sequestrated as opposed to when the process completes?

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Hi,

 

Your Sequestration will remain recorded on your credit file for 6 years from the date it starts.

After six years have passed, the record of your Sequestration will be taken off your credit file.

 

It is important to understand that it is possible for any of your creditors to record a formal default notice against you after the date that your Sequesration started. In the same way as the record of your Sequestration, default notices will also remain on your credit file for 6 years. It is therefore possible for a default notice to remain on your file after the record of your Sequestration has been taken off thus extending the time that your credit rating is affected.

The way to overcome this is to get a copy of your credit file after your Sequestration finishes. If you find any default notices have been added after the start date of your Sequestration then you should contact the associated creditor and request that the date of the default be changed to the date your Sequestration started.

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

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If you no longer require help, please do what you can to help others

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did you get your cra file to check as above?

 

dx

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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Best wait and see if you'll need any letter.

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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draft letter for what?

 

get your credit file

 

see noddle below

 

dx

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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  • 2 weeks later...

Hi,

 

There's no 'template' letter as such.

 

All credit reference agencies are legally required to look after people’s details in compliance with the Data Protection Act. This means that they must make sure that the information held on an individual’s credit file is used fairly, kept secure, remains accurate and is kept up-to-date.

 

If your credit file is inaccurate, you can raise your concerns with the credit reference agency. However, the problem may lie with the original lender or organisation that supplied the agencies with their information and you may need to contact them instead.

 

The addresses of the credit reference agencies are:

 

Equifax Ltd

Credit File Advice Centre

PO Box 1140

Bradford

BD1 5US

0844 335 0550

http://www.equifax.co.uk

 

Callcredit Plc

Consumer Services Team

PO Box 491

Leeds

LS3 1WZ

0870 060 1414

http://www.callcredit.co.uk

 

Experian Ltd

Customer Support Centre

PO Box 8000

Nottingham

NG80 7WF

0844 481 8000

http://www.experian.co.uk

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Inaccurate data on DRA files must be challenged with the company named as the creditor on your files the CRAs cannot amend or remove it without approval.

You can add a notice of correction to the files while challenging the data.

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

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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  • 3 months later...

Is that the same with Trust Deeds? I just received my discharge two weeks ago and it will be six years this September since it became protected - it was extended to allow time to cover the property equity without forcing me to sell my home.

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