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    • I believe it is helpful to seek guidance from a range of places and decide on the validity of the sources and frequency of responses which are most helpful. A single voice can be a dangerous thing. As, of course, can groupthink. Scott, it feels like £4k on a solicitor for a £1.5k bill is overkill. Were we back in time I'd suggest small claims court as your claim sounds like it may be straightforward? By all means add that phrase on. I also suggest you contact the court and go and sit in on a couple of similar cases to get a better understanding before you shell out.
    • a card should be 16 digits...urm... note your dates above please. do not miss them no matter what happens  ......................... pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’. Choose ‘Create sign in details’ to register for the first time. You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID. You should make a note of your memorable word, or password as these are not included in the email.  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .. get a CCA Request running to the claimant . https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/ .. Leave the £1 PO unsigned and uncrossed . get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] ... https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . .use our other CPR letter if the claim is for an OD or Telecom Debt or Util debt]  https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ on BOTH type your name ONLY Do Not sign anything .do not ever use or give an email . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] ..............  
    • Which Court have you received the claim from ? Northamton, civil national business centre Name of the Claimant ? PRA Group Uk Portfolios ltd. How many defendant's  joint or self ? self Date of issue –  21 May 24 date of AOS - 07-06-2024 date for filing defence by - 21-06-2024 Particulars of Claim 1. The claimant claims the sum of £5600 for an outstanding debt owed. 2. On Mar 2000 the Defendant entered into an agreement with Barclays Bank Uk PLC for a credit card under reference ( 11 digit ref ). 3. on Mar 21 the defendant defaulted on the agreement  with an outstanding balance of £5600. 4. On Aug 21 the debt £5600 was assigned to PRA Group (UK) Limited, who itself assigned the debt to PRA Group UK Portfolios Ltd on Dec 23. 5. Notices of assignment were sent to the defendant in accordance with S136 Law of Property act 1925. 6. The claimant has instructed PRA Group (UK) Limited to act on its behalf in the recovery of the outstanding debt and to pursue litigation on its behalf. AND THE CLAIMANT CLAIMS 1. The sum of £5600 What is the total value of the claim? £6100  Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No - just emails threatening action   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes   Did you inform the claimant of your change of address? no Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? credit card   When did you enter into the original agreement before or after April 2007 ? before - in 2000   Do you recall how you entered into the agreement...On line /In branch/By post ? I don't recall - I suspect post / online   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? am awaiting access - but I suspect it is    Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. assigned - debt purchaser has issued the claim   Were you aware the account had been assigned – did you receive a Notice of Assignment? Pretty certain - Yes   Did you receive a Default Notice from the original creditor? pretty certain - Yes   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? there's been gaps - they went very quiet  Why did you cease payments? Covid lockdowns  What was the date of your last payment? i thought it was 2020 - they say 2021 Was there a dispute with the original creditor that remains unresolved? no Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? no
    • Sorry, I'm slightly confused. The moneyclaims dashboard is the only thing (I think) I have access to.  
    • no go to OCMC and download the transfer order and post it here.   be quick we dont have a lot of time
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Late payments from EON and can not get a mortgage


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Hi

I have red trough the forums and hope to find a solution.

In summer 2012 I had a major surgery and was in an out hospital. Being alone I missed some payments to EON.

 

I have tried to ask them as a gesture of good will and was prepared to send them proof of my surgery. They replied politely that the snwer is now they will not remove the 2 late markers from the equifax file.

 

I am however confused as the account was in order prior to June 2012 there were no records from EON on equifax at all. The moment the payment was late they placed the red mark. Also I remember seeing a letter when I was out of hospital in the autumn advising that a default was going to be recorded and by than the debt was settled.

 

So all the months before June 2012 when payments were made were not recorded in green and than they start with a red mark?

 

That does not seem right to me.

 

From my understanding I will have to cancel my contract with them in writing, move to a different supplier and than argue with equifax to remove the late markers?

 

Any advise much appreciated. EON has made it clear they will not remove them and I am now getting declined for mortgages I apply for. Anything else on my file is good.

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Sorry, but the energy supply won't help you and the credit reference agency won't help you either. Not only that, the ombudsman probably won't help you.

 

They would rather cut the legs off their grannies and eat them than remove entries from your credit file.

 

It is a scandalously unfair because whether you have deliberately tried to get away with a £10,000 debt or you have simply made a mistake or had a heart attack and missed a 1 pound payment, the penalty is exactly the same – six years on the credit reference agency file – six years of your life smashed up – six years of being unable to get mortgage – six years of being refused credit – six years of only getting credit on very much more expensive terms.

 

The whole system should be properly regulated and controlled but unfortunately the credit reference agencies are too powerful and they will never submit to it until we get a few members of Parliament who have to suffer the same thing. Then maybe we will get somewhere.

 

By all means complain to the ombudsman. He is meant to produce a fair result and of course common sense dictates that fairness in this circumstance should be that your credit file should be cleaned up. However, in practice the ombudsman defers to businesses and in particular defers to the credit reference agencies and the tendency is that the fair result means that it is fair to the business and only fair to the consumer if that fits in.

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  • 1 month later...

Hi,

 

Can I take a company to court for not keeping accurate data on the account on equifax?

 

Also the information on the account is misleading. The start date of the account is wrong.

 

I was late 6 payments a few years back.

They marked the first late payment as 4 in red which means I was 4 payments late.

Than I had a green up to date followed by a red 6.

 

Surely if I had a green after the 4 it meant I paid?

 

And I believe I did and than the next month they add another record as red with more missed payments?

 

Even worst after that

even though I settled the account they marked the rest in grey with a cross U.

 

From what I can tell this company is obliged to keep up to date accurate data.

 

Can I argue that they dont keep it accurate and some information is missleading and is causing me problems.

 

This is the only late payment on my account now and I cant get a mortgage because of it.

 

I sent the company letters of good will and they were quite rude back.

 

Thanks for any advice

 

.[ATTACH=CONFIG]52692[/ATTACH]

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ha the debt a defaulted date in its summary details?

 

and who is this please

 

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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Hi DX there is no default. I was really sick and no family so made an arrangement with them to pay it an cleared it up when I got better. Is EON

 

But they are ruining my report because now I m in credit with them but they are not updating that

 

Thank you

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threads merged

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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I have alerted the EON rep

 

I feel there might be room for a GOGW here in the removal

 

its a bit unfair

that a couple of silly marks

prevents a family progressing .

 

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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gesture of good will.

 

hopefully marc will pop in soon. from E.ON

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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no hope with eon DX I sent them GOGW and the reply was short and is a No. I am just extremly annoyed that now being in credit is not reported so they only report late payments and than dont update the report for months. How is that fair?

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Hi surreynick

 

I hope you've recovered from the surgery and do understand how frustrating it can be not being able to take care of everyday tasks whilst out of action.

 

Thought it might help if I give you a bit of information about how we deal with Credit Reference Agencies.

 

When we share information, we give a true reflection of the status of an account at the time of the share. At this time, if there's a debit balance on an account and no formal payment arrangement, we'll share this.

 

We started sharing information with Equifax during the second half of 2012. The period prior to June 12 you mention will have been before we began sharing. This will be why Equifax won't have records for this period.

 

Green months are where there's a payment arrangement in place and payments are received on time. Red months indicate an outstanding balance with no or a failed payment arrangement.

 

The 6 shows the balance is at least 6 months old at the time of the share. The number refers to the age of the debt and not to the number of missed payments. The maximum number of months we'll share is 6. Where the debt is older and after a series of 6s have been shared, we'll then share a 'D' or default notice.

 

'U' doesn't really mean anything. It's just that there's been no bill released, so nothing to report on.

 

Once settled in full, we'll share an 'S.'

 

To speculate from the detail provided, it looks as though you set up a payment arrangement after the red 4 but missed or was late with a payment and this led to the red 6. Sorry if I'm wrong here. As I say, I'm speculating.

 

If the information shared was right at the time, this won't be changed as it'll have been a true reflection of the account at the time of the share.

 

I know this isn't what you want to hear surreynick but would rather be clear than give you false hope.

 

Malc

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Hi Eon,

 

Thank you for the info I think I might need to see citizens advice or a solicitor about it to be honest because the way you report is utterly inaccurate and not up to date! In such causing me problems.

Is not even the 6 mark or the 4 which is now more than 2 years old is the fact that an S has not been recorded even though I settled the bill in full as soon as I was back home and also there is no payment arrangement in place. Everything is on direct debit and I m paying in advance now.

 

So true reality is EON if you want to report do it by all means but dont report just the bad! Well there s no choice but to give up the ideea or buying a place for the moment.

Edited by surreynick
added a few sent
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Right this is now getting serious. Because of this inaccurate data keeping I ve been turned down by a mortgage broker.

 

Guys I seen a lot of posts RE Section 10/12 of Data Protection. I never signed an agreement with Eon or they have not informed me in writting about registering this late payments?

 

Also as I said the data is truly inaccurate. The date of the start of contract is wrong, now is showing I m on an arrangement to pay but I m not and no settled S were placed when I paid in full. Anyone knows a solicitor or someone who can help me remove Eon from my credit file? I am now looking to move suppliers and send them the letter forbiding them to share any more information.

 

Thanks for any help or links to letters I can send

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