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    • https://www.bindmans.com/news/neale-v-dpp-the-right-to-silence-citizens-duties-and-coronavirus-regulations   Perhaps the OP should have said nothing - and risked arrest!   "Firstly, the case calls into question the logic behind aspects of the criminal justice response to the public health crisis created by the Coronavirus pandemic...   "Secondly, it is clear that some police officers have misunderstood and misstated their powers, and citizens’ obligations, under the Regulations and at common law...   "Thirdly, the case confirms reasonable excuses for being outside are not limited to those explicitly set out in the Regulations. Police officers considering whether there are reasonable grounds for believing that an offence has been committed under the Regulations so that an FPN may be issued, or the reasonable grounds for suspicion that are necessary for an arrest, should give proper consideration to any explanation given by members of the public (and what a court might think of them) rather than only recognising those exceptions explicitly listed in the Regulations and/or government guidance...   Fourthly, the case is an example of a failure of the CPS review into prosecutions brought under Coronavirus Regulations, which has found that alarming numbers of cases were wrongly charged..."   Above quotes from the Bindman's article, not the decision.  Case arose from the first lockdown and was in Wales.  Same now?  Also was about not being at home - not mask wearing.    
    • No the first LBA was delivered by royal mail, but I responded by email, sorry if I didn't make that clear.   I look at redacting the emails tomorrow, got to get some sleep now.   Thanks
    • ok well that changes things alot. you've accepted one before by email  and now they are doing it again ..   might have shot yourself in the foot until now lets get some 1st aid done.   gonna be a pain to redact but i'm gonna need to see all the emails in/out please in ONE MULTIPAGE PDF from/inc  date of their last PAPLOC   redact them properly !! read our upload guide carefully   you may  think this is immaterial, but its not, esp important is their and your exact wording
    • OK I've looked back at my emails and it appears I've been dealing with shoosmiths since the start of 2019 when they sent a LBA that I'd totally forgot about.   I replied that I didn't recognise the debt and we got into a big letter tennis over the facts.   They then went quiet and then contacted me again in April 2020 asking for income and expenditure details to work out a payment plan with them.   After I responded with my covid comments they went quiet again.   And now they are back with another LBA and I haven't responded to that.   Hope that clears it up. 
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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
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Afternoon all,

 

I still have 2 defaults showing on my credit reports,

the other 2 have dropped off having passed the 6 years.

I still continue to service these debts and three out of four have been sold on with my knowledge.

 

One of the debts that was sold on is now marked as settled

as presumably the purchaser of the debt made the necessary arrangement to settle it in full (or most likely buy it for peanuts).

This debt appears in the settled section of my credit report with a nil balance, and shows the default date of 31 March 2010.

 

Had the debt not been sold I would have expected it to vanish from my active record after 31 March 2016

but presumably now it will sit on my settled record for a further 6 years from the date of the settlement by the purchaser.

 

The purchasers of this debt now have it on my current active record under their name,

but with identical details (other than their references),

including the balance that would have been due had they not purchased the debt

and the same default date of 31 March 2010.

No other date (i.e. the date they purchased it) shows on the credit report.

 

I have an arrangement to pay this debt off in place but 31 March 2016 will come round

and I will still have 9 further installments to pay to clear the debt completely.

 

Firstly, will the purchased debt still be erased from my current active credit record on 31 March 2016?

 

Secondly, when I finally pay it all off after the 6 years will the record be re-instated to show that settlement has been made of the full amount,

meaning that effectively, although I've paid the debt off in full

the rotten thing will still be staring me in the face for another 6 years?

This concerns me as even though the debt would show as paid potential viewers of my record would still see the initial default on the main part of my record.

 

Not, I hasten to add, that I am in a hurry to ever obtain credit again, but there's a principle here.

 

I really hope this makes sense and isn't too wittery. Any thoughts gratefully received!

 

All the best,

 

Chipmeister

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The new owner of the debt cannot simply change the original Default date and can only update it.

 

So the answer to your question is - that the record should cease on the 6th birthday after default (by the original creditor)

 

We have seen that where someone has entered into an arrangement to pay and this is being recorded on their files, that the recording will continue for far longer. I don't know what the answer to that is and it is very unfair.

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Thanks CB. That is re-assuring - and interesting. I have an agreement to pay in this instance and I can see the balance outstanding decrease each month, but I felt that it was somewhat unfair that the agreement isn't shown on the Credit Report and each month passes by with an added DF. That said, I am clearly better off than those who do have their agreement reflected which really is unfair.

 

Many thanks again for coming to my aid!

 

All the best,

 

Chipmeister

Edited by Chipmeister
Typo
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:thumb:

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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as long as the debt shows a defaulted date

 

 

it will VANISH from the CRA on defaults 6th birthday

 

 

doesn't mean its fully paid mind

 

 

a debt buyer cannot change the OC's original default date.

 

 

they do not have the permission to do so

nor enter a new default date.

 

 

as for the DF 'markers' they mean nowt as long as

the debt has a default in the summary

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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Thanks DX. I appreicate your comment re the debt disappearing after the 6 years, but once it is paid in full (which would be 9 months after the default's 6th birthday) would it be reinstated on my credit record to show full payment?

Edited by Chipmeister
Missed a bit! ;@)
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the comment I made is absolute

 

 

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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the ICO say:

 

 

All references to a defaulted debt must be removed from your credit files after 6 years

has passed from date of default, whether paid off or not.

.

the WHOLE ACCOUNT WILL VANISH, never to return.

.

however, this does not mean the debt itself is not still owed

consider a CCA request.

.

This is so that someone who continues paying something

- even after 6 years from default

- should not be at a disadvantage to someone who pays nothing after default

and ends up with a clean file after 6 years.

  • Confused 1

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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Cheers DX :@)

Once removed an entry cannot be replaced on CRA files.

  • Confused 1

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One more question, just out of interest please.

 

 

Once those defaults are gone

 

 

my Credit Report will be left with

my mobile contract,

my bank account,

a low limit AMEX credit card (which I use to buy petrol and pay off in full each month),

utilities and

the mortgage,

 

 

all of which are in good standing.

 

 

According to Noddle who rate 1 to 5, I am currently a 1, being the worst credit risk.

 

 

When those defaults are gone

 

 

how long will it take for my rating to rise?

 

 

Will I ever be a 5 again?!

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it will be almost instantaneous.

 

 

my neighbour was 1 of 5 oct 12

 

 

during oct/nov/dec 7 defaults dropped off.

 

 

noddle in jan 13 was 5/5.

 

 

he then got the mortgage he was after.

as like you he had other running credits still on the CRA.

 

 

just DONT tell yourmortgage broker/advisor

whtat they cant ssee cant hurt them.

 

 

just remember mind this was before the new 'guidance'

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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mortgages are now harder to get anyway

brig will point to it...FCa I think?

 

 

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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Share on other sites
  • Confused 1

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Ah, the new mortgage application guidance,

 

 

yes, I know about that.

 

 

Luckily I've got a pretty good deal on my mortgage at the moment

but with interest rates due to start rising at some point next year

it would be nice to have the option to shop around.

 

 

Cheers dx.

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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... 

Link to post
Share on other sites
:thumb:

If I have helped you please leave me a message by clicking my star

 

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

Instructions

 

I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

If you receive a private message which you consider abusive, derogatory or otherwise inappropriate, whether it be about yourself or other members, please report it using the "report" icon

 

If you are approached (or have been approached) by private message with an offer of help "Off Forum" or with a view to asking you to visit another website, please inform the site team via the report icon, especially if this results in a request for a fee. Remember, this is for your own protection

my views are my own and are given in good faith to try and help people. Please seek professional advice on your case if necessary

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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hehe and me..

 

 

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... 

Link to post
Share on other sites
One more question, just out of interest please.

 

 

Once those defaults are gone

 

 

my Credit Report will be left with

my mobile contract,

my bank account,

a low limit AMEX credit card (which I use to buy petrol and pay off in full each month),

utilities and

the mortgage,

 

 

all of which are in good standing.

 

 

According to Noddle who rate 1 to 5, I am currently a 1, being the worst credit risk.

 

 

When those defaults are gone

 

 

how long will it take for my rating to rise?

 

 

Will I ever be a 5 again?!

 

 

The score should gradually improve over a few months when the defaults go, but remember too little credit also has an adverse effect as potential lenders have little on which to make a judgement, (the score is intended as a "personal" indicator as to how a credit app. may be viewed. All lenders have unique in house methods of " credit scoring".

 

 

That said numerous credit apps in a short period will also affect the score.

 

 

Hope this helps.

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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Thanks Brig,

that's why I've got the low limit AMEX card,

buy petrol in October,

pay in full in November.

 

 

As petrol is part of my monthly budget I've always got the funds to pay in full,

and hopefully, along with my mortgage payments which have always been in good standing,

this will help in rebuilding my credit file.

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Thanks Brig, that's why I've got the low limit AMEX card, buy petrol in October, pay in full in November. As petrol is part of my monthly budget I've always got the funds to pay in full, and hopefully, along with my mortgage payments which have always been in good standing, this will help in rebuilding my credit file.

 

 

Good work! Chip!!

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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