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    • Thank you Andy/Dx   UPDATED Defence, 3 days remaining.   Not sure where to mention invalid PAP. I put it under number 5. Please check if this is good to go.   Defence   The Defendant contends that the particulars of claims are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any allegation to which a specific response has not been made.   The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) – failed to serve a letter of claim pre-claim pursuant to PAPDC changes of the 1st October 2017. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   1. I have in the past had financial dealings with Lloyds Banking Group. I do not recall the precise details of the agreement and have sought clarity from the claimant.   2. However, I do not recall ever receiving a Default Notice pursuant to sec 87(1) CCA1974.   3. I do not recall ever receiving this notice pursuant to sec136 of the Law of Property Act 1925.   4. I do not recall ever receiving a letter of assignment from the Lloyds Banking group advising the debt was assigned to the claimant.   5. Claimant served the invalid PAP with no connection to their court claim,   6. On receipt of this claim I sent CPR 31.14 and section 77 request. The claimant failed to provide a valid copy of the agreement and therefore remains in default of said request.   7. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:-   a) show how the Defendant has entered into an agreement; and b) show how the Defendant has reached the amount claimed for; and c) Show or evidence service of a Default Notice/Notice of Sums in Arrears, d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   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.      
    • no.   i wonder if the OP is entitled to CTAX benefit, thats only available from the relevant council...most on UC can get it..   but your MP is by far the most successful route to sorting these issues we've seen here to work.
    • dx100uk  unclebulgaria67   OP is on UC.   Could the council apply for weekly amounts to be deducted from UC claim ?
    • I suggest you start reading around this forum about the steps involved in taking a small claim in the County Court. It's very straightforward but you should understand the steps before embarking on it so that you are confident. We will help you all the way. Once you have done this basic reading then come back here and we can begin the process if you are happy to go ahead. On the basis of what you say, I expect that your chances are better than 90%. I also expect that West Cheshire Facilities Management will want to put their hands up before it goes to court and get a judgement against them. We would want to see your letter of claim before it sent off but I suggest that it is made clear that Social Security's have already been informed and that when you get a judgement against West Cheshire Facilities Management, you will make sure that social services and the health service generally are all circulated with copies of the judgement. If West Cheshire Facilities Management really want to take that risk with all of the reputational and business risk that accompanies it, then they are being extremely shortsighted.
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

Default on Credit File with no Notice, and agreement up to date!


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Hi All,

 

I have recently looked at Noddle and found a default has appeared on my file.

 

This is in relation to a mortgage with The One Account.

 

In brief, I was unaware that my ex wife had moved out of our house after I divorced her. By the time I found out and contacted the mortgage company, they told me she had requested a voluntary repossession, and I had no option but to agree. After trying a few things, I had no choice.

I then came to an agreement with them in my name only to pay off the shortfall. I have met these payments without fail every month.

 

However the last 2 months have been marked as default on my credit file. I have not received any notice of this, and the payments have been made on time.

 

Contacting Noddle they have wrote back saying the information is correct and cannot be removed.

 

So what is my course of action to sort this problem out please? Who can I complain to?

 

Any other advice would be great as well.

 

Many Thanks

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Hi All,

 

I have recently looked at Noddle and found a default has appeared on my file.

 

This is in relation to a mortgage with The One Account.

 

In brief, I was unaware that my ex wife had moved out of our house after I divorced her. By the time I found out and contacted the mortgage company, they told me she had requested a voluntary repossession, and I had no option but to agree. After trying a few things, I had no choice.

I then came to an agreement with them in my name only to pay off the shortfall. I have met these payments without fail every month.

 

However the last 2 months have been marked as default on my credit file. I have not received any notice of this, and the payments have been made on time.

 

Contacting Noddle they have wrote back saying the information is correct and cannot be removed.

 

So what is my course of action to sort this problem out please? Who can I complain to?

 

Any other advice would be great as well.

 

Many Thanks

 

 

 

Good morning, welcome to CAG,

 

 

Noddle is correct here, they will have checked with the creditor/Mortgage provider, the fact that the property was repossessed (voluntarily or not) means that the terms of the mortgage have been breached, repayments of the shortfall agreed or not does not affect the fact that the account was in default.

You will have little or no chance of getting a properly place default removed.

 

 

It is not your current payment arrangement that is in default, it is the original mortgage.

It seems that you have voluntarily agreed to take on all the liability for a joint mortgage, otherwise the mortgage provider could pursue both parties.

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Hi, and thanks for the response.

 

I fully understand what you are saying. However, shouldn't the account have been marked as Default at the time of default, Not just in the last month?

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Hi, and thanks for the response.

 

I fully understand what you are saying. However, shouldn't the account have been marked as Default at the time of default, Not just in the last month?

It would have been defaulted at the time the mortgage was defaulted on, these are not always reported quickly as underlying debts are outstanding i.e. the shortfall.

 

 

Also Noddle uses 2nd hand data from its parent Call Credit and is not always up to date.

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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It was marked as BB, but never as default. I have never had any default notice sent to me, but as I said in the original post I was totally unaware of what was going on at the time.

 

The Mortgage company did not have my address when I moved away from the area, the reason being, they supplied the address I first moved into when I walked out to my ex wife, which caused a lot of problems for me. I had to call the police 4 times to get my ex wife to stop her threatening behaviour.

 

So it is possible she had a default notice. As I also said previously, as soon as I found out I was in immediate contact with the bank.

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It was marked as BB, but never as default. I have never had any default notice sent to me, but as I said in the original post I was totally unaware of what was going on at the time.

 

The Mortgage company did not have my address when I moved away from the area, the reason being, they supplied the address I first moved into when I walked out to my ex wife, which caused a lot of problems for me. I had to call the police 4 times to get my ex wife to stop her threatening behaviour.

 

So it is possible she had a default notice. As I also said previously, as soon as I found out I was in immediate contact with the bank.

 

It is unlikely that given this is a mortgage debt a default notice such as you would receive say for a credit card debt would be issued, notices of arrears would have been sent and no doubt many letters as well, which I guess is why your ex opted for voluntary repossession.

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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