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    • I was not aware of the non compensated list until after the event.   when you book it only shows the prohibited list which is about safety.   the non compensated list is right at the bottom of the page.   they took my additional payment for “insurance”  so cannot refuse to pay out unless its prohibited.   They should perhaps put a drop down box, to select an item type, and if its on the non compensated list then not allow the option to pay for additional “insurance” and warn the users it has no compensation for loss or damage.   They would loose a lot of business and the extra money they make if all goes to plan.   Will do, i might just have to accept the insurance value and put the rest down to experience. Thank you for the advice i will review threads and familiarise myself with what to do.
    • Thanks. As for their prohibited items list – in respect of items which are lost, it's completely irrelevant and unenforceable. However, the view we take is that if you declare a particular value and they undertake to carry your goods at that value then that is all you can recover. If you want to try and go for higher value then we are happy to help you but I don't fancy your chances but it would be interesting. Please spend the next few hours reading around the Hermes sub- forum and understanding the process about challenging Hermes, issuing a letter of claim and then issuing court papers. Understand also the process of bringing a small claim in the County Court. When you think that you know your way around then come back here and will help you on the next step. Once again, you're welcome to try and claim for the higher figure – but I think is most unlikely that you would succeed and in fact whereas most claims seem to go to mediation and get settled there, I suspect that if you claim for a higher amount that they would try their luck in court. However, you seem to be saying that so far in respect of your claim Hermes have been making positive noises and that they may pay you out on the basis of the insurance cover.  
    • the issuance of a Default notice was some +3yrs after the last acknowledgement through a deferral letter to the original creditor.   i thought a debt buyer could not issue a default notice? thus change the cause of action under the PRA DN ruling Win~ it was not retrospective appeal win?   i believe we've countered these late DN's before along the lines of:   alternative whereby claimant intimates SB date=defaulted date and that has been registered months/years after the last payment . 1 The Claimant's claim was issued on dd/mm/yyyy.    2.The date last payment/acknowledgement made was the dd/mm/yyyy     3.The Default Notice was issued dd/mm/yyyy and served several months/years after the initial breach thus the cause of action delayed by X months + years and the Limitations period prolonged to 6 years and X months which in effect allows the creditor to stop time running and the creditor having effective control of when a limitation period begins or even starts to run.    4.Therefore the Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any true cause of action for breach accrued for the benefit of the Claimant.    5.The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.   @andyorch your thoughts?
    • Formal claim has been made, I have been told it is covered, as its parts not a complete instrument. Its not prohibited, musical instruments are on their non compensated list.   my argument is i estimated the value of the drum shells as you would not normally know the value of them unless buying that part.   The replacement parts quote is £450. So yes i did under estimate the parts value.   I would hope they might consider that.   hope this make sense.  
    • So the debt is not statute barred as the claim was made even within the limitation of the Sept 2013 deferral regardless of the date of the default notice. There is no defence to the claim as far as I can see.
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CCJ 'set aside' and claim 'struck out' but Equifax still reporting on my file - ** Resolved **


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A 'default judgement' was made against me after I had disputed a supplier's invoice at work.

 

The supplier took his anger out on me when I would not authorise payment

and wrongly named me as a 2nd Defendant in his online Money Claim.

 

This became a huge problem for me because he had used a 4 year old address of mine in his claim.

 

I received no papers and had no opportunity to defend the claim.

 

Judgement was made 'in default'.

 

I became aware of the judgement through 'checkmyfile.com' 3 weeks after the CCJ was ordered on 4 April 2014.

 

I applied to have the judgement 'set aside' and sent a cheque for £80 to pay the fee.

 

One month later and after numerous calls to the Salford court admin centre,

I finally found out why nothing had happened.

 

The fee had risen from £80 to £155 whilst my application was waiting to be dealt with.

I paid the new fee by card and the hearing took place at Chester County Court on 8 July 2014.

 

The Judge was great and not only had the judgement 'set aside'

but made the Claimant state 'on the record' that no claim existed

and, accordingly, he ordered that the judgement be 'struck out'.

 

I asked when this would be updated on my credit report.

The Judge answered that he had no idea as his Order would remove the judgement from the registry

and they did not deal directly with the reference agencies.

 

I immediately contacted the 3 main agencies with a letter and a copy of the 'set aside' order.

Within 48 hours, both Experian and Callcredit replied

and confirmed that they had already removed the judgement after receiving an updated register.

 

However, Equifax continued to report the CCJ as 'live'.

 

Checkmyfile.com promised that they would speak to Equifax on my behalf.

I had to pay their subscription first.

It's only £7.99 but I paid only for this purpose.

 

I have received 6 replies over the last week from checkmyfile.com.

 

The replies are all from different 'credit analysts' and all have different information and advice.

None have helped in the slightest.

 

I find it hard to believe that these are REAL, EXPERIENCED credit analysts

as their understanding is very limited and, in most cases, their advice plain wrong.

 

I have been told that 'Equifax need a 'Certificate of Satisfaction' from Northampton'

and 'Equifax won't accept the 'General Form or Judgement or Order'

and need a stamped 'certificate''.

 

I have explained that the Order that Chester Court sent to me IS stamped

and sets out exactly what the Judge said in court on 8 July 2014.

 

The judgement is set aside and the claim itself is struck out.

 

The claim NO LONGER EXISTS as it has been struck out and deleted.

 

Therefore, how can I 'satisfy' something that does not exist?

 

And why would I want to acknowledge that there IS a claim by asking for a Certificate of Satisfaction?

 

I need to know why Equifax have not removed the judgement from my file

just as the other credit reference agencies did when they received notification of the court Order to 'set aside'?

 

I need to get this judgement removed quickly as I will not pass a landlord's reference check otherwise.

 

Please can anybody advise me as to the best way to approach this problem? I should be most grateful for your direction on this matter.

 

Finally, am I alone in thinking that 'default judgement's' are ordered far too quickly.

 

Anybody can make a claim and if they knowingly use an old address,

it is 99% likely that a judgement will be made 'in default'.

 

The Judge at my hearing was angry with the Claimant and actually said

that his actions were 'reckless' but nothing else happened.

 

I have had to spend £155 for the application fee

and I have wasted days and it's STILL not sorted out.

Surely the system needs amending here?

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CRAs will normally require a Cert. of Satisfaction if the judgement is against an individual the quashing of a judgement and the order should be enough.

 

A Formal Complaint is needed to Equifax, although you are fortunate in my opinion to get the other entries retracted so quickly.

 

As for judgments by default there are time scale laid down for acknowledging a claim and the rest of the claim process if these are not met the claimant can apply for judgement, you had a proper remedy to your situation.

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but the documents were purposefully sent to the WRONG ADDRESS............!

 

sadly this happens 1000's of times every day at northants

 

which is why debt buying in more profitable than being a bank,.

 

 

yes it should be stamped out

and should have been changed 40+ yrs ago.

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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Are you actually liable for invoices for supplies bought by your employer? e.g. partner/director?

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NO - I certainly don't have any liability.

As a 'Manager' in a small limited company,

I make sure that all supplier invoices are accurate and correctly detailed.

 

We had terminated a 'Contract to Supply Services' by giving notice as per our agreement.

The supplier is a Technology Contractor and we had engaged him to implement various upgrades for a very well known software manufacturer.

 

The agreed rates were high and so,

after missing both 1st and 2nd deadlines,

we decided to give the guy notice and find a replacement.

 

The IT Contractor was very unhappy but worked his notice and left.

Subsequently, I received an invoice from his ltd company which I refused to pay.

 

His invoice, for £14,040 (11700 + VAT) or 22.5 days @ the agreed daily rate of £520 (plus VAT), represented his 'lost earnings' for the remainder of the contract.

 

His covering letter stated that "the contract had in fact been a 'fixed fee' agreement and could not be 'terminated'.

He (as Director of the limited company) had not been able to find work during this period

and, therefore,

we were legally obliged to pay his invoice in full."

 

Our solicitor confirmed that we had terminated the contract correctly and that this invoice should not be paid.

 

As the bearer of bad news,

I was singled out by the Contractor as being 100% to blame.

 

His actions in including me as a 'Defendant' were particularly underhand and vindictive.

I am going back to the court at Chester tomorrow morning to ask them to help me get this judgement removed.

 

Do you think that I will be able to recover my £155 fee from the Claimant now that the claim has been struck out?

Or am I just opening up another potential 'can of trouble'?

Edited by citizenB
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He should certainly pay all your costs.

 

 

 

 

Can't understand Equifax not accepting the judgement order ahs confirmation that there is no CCJ.

See what the court says and make a formal complaint to Equifax.

There was a rep on here I'll see if I can find him.

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Not worth e-mailing imo it'll probably end up in Asia somewhere!

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Hi Stan,

 

This has been reported to the site team for input.

 

While waiting for others to comment, have you made sure you have Screen Shots or printed copies of any adverse data reported about the alleged debt.

 

If the claim was vindictive and deliberately sent to an old address, you may have a claim against the original Claimant. Evidence of this may be useful if you decide to pursue the matter seeking compensation.

 

:-)

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Hi Stan

 

How do I apply for a Certificate of Satisfaction/Cancellation?

 

You may apply to the Court for a certificate of satisfaction or cancellation. You may have to pay a court fee for the certificate. For more information about fees, please refer to booklet EX50 – Civil & Family Court Fees (High Court and County Court). This booklet lists the most common civil and family fees.

 

What is the difference between a satisfied judgment and a cancelled judgment?

 

If a judgment has been paid in full within one month of it being issued (e.g. Judgment entered on 01/02/06, paid in full 25/02/06) your judgment will be marked as cancelled and will be removed from the Register of Judgments, Orders and Fines.

If the judgment is paid in full after 1 month of it being entered (e.g. Judgment entered 01/02/06, paid in full on 04/06/06), it will be marked as satisfied on your file. This will remain on the register of Judgments, Orders and Fines for 6 calendar years from the date of the judgment order.

 

 

PS.You should have requested fixed costs within your application to set a side ( fee £155 ).

 

Regards

 

Andy

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The problem here is Equifax not accepting sight of the judgement order as proof there is no judgement,

the other CRAs have removed all mention of the matter from the records.

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I 'logged on' to checkmyfile.com this morning and

the CCJ is still being reported as 'active' by Equifax.

 

I note that Equifax have offices in Bradford.

 

Do you think it would be worthwhile driving over from Manchester with the judgement order

and screen shots from checkmyfile.com?

 

Would I be able to speak to one of their Customer Services team face-to-face?

 

I must complete a reference check as part of a property letting agreement.

The judgement on my Equifax report is destroying my public credit score with them.

 

I score 363 with Equifax and 909 with both Callcredit and Experian.

 

I will not meet their 'pass' criteria with the judgement still 'active'.

 

This is why I will consider all available options.

 

So, if Equifax are known to have an 'enquiries desk', open to the general public, then please let me know.

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richard F. Smith is the CEO.

 

The choice of travelling or not is something only you can decide.

 

I don't if Equifax has a public enquiry desk.

 

I still think a formal complaint to Equifax is the way forward.

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I must doff my cap in thanks to the Brigadier for his advice, above.

 

I changed the addressee on my letter of complaint and popped it into the electronic postbox yesterday.

 

The recommendation to address my complaint to 'Richard F. Smith CEO Equifax'

brought about my very first reply from the company.

 

A named Equifax employee confirmed that my complaint was, indeed, valid

and that her aim today would be to have my credit report amended to reflect the directions

made by Court Order of 8 July 2014.

 

I will keep the forum updated.

 

And the CCJ has gone!

Many thanks for your great help.

 

Very very pleased!

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Well done Stan delighted this has now been resolved.....

 

Regards

 

Andy

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I must doff my cap in thanks to the Brigadier for his advice, above.

 

I changed the addressee on my letter of complaint and popped it into the electronic postbox yesterday.

 

The recommendation to address my complaint to 'Richard F. Smith CEO Equifax'

brought about my very first reply from the company.

 

A named Equifax employee confirmed that my complaint was, indeed, valid

and that her aim today would be to have my credit report amended to reflect the directions

made by Court Order of 8 July 2014.

 

I will keep the forum updated.

 

Stan

 

 

An excellent result Stan, your thanks are appreciated!!

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I have had stern words with Equifax today.

 

They should have removed a default automatically at midnight last night and did not!

 

I insisted on being put through to the UK supervisor and

 

after a lot of dithering around she agreed to erase said default from my file immediately.

 

I am not happy with Equifax at all and would rely more on Experian.

 

It might be worth causing a scene with the overseas telephone service they use

and demand to speak to someone in the UK about this.

 

Do not be fobbed off with the person saying they are going to "raise a query with the company"

- give them a hard time and you will be re-directed to someone in this country

who has some leverage and powers to do what you want!

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Well done it's an approach I for one always recommend,

avoid customer (dis) service at all costs,

they have nothing to say bar a company script

(which they probably don't understand anyway).

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Well done it's an approach I for one always recommend, avoid customer (dis) service at all costs, they have nothing to say bar a company script (which they probably don't understand anyway).

 

 

If you are referring to the post made by Lou, it would seem that cost and time are minimal.

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Compensation for the CRA data being reported ??

 

Kpohraror v Woolwich BS

 

Durkin v DSG Retail

 

:-)

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There is an " interloper " thread Reb. not sure if Surfer is referring to Lou or Stan's post.

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  • 2 weeks later...
  • 4 months later...

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