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    • Hi,  I guess the DCAs have come out of hibernation as my friend has had a Claim Form today.  Honestly I feel like I have addressed this one but she can't find the folder box I gave her to keep all this nonsense in, but then the claim form has no information you could realistically use to find out what its from anyway(JD has a few names under their umbrella and she has had accounts with most of them over the years, some repeatedly as they keep lending to someone with no income.  Its ok at the start when its only a little bit but they rapidly put it up and up until she owes in the high hundreds/low thousands instead of the £150 she is initially given, she always intends to keep it in good standing but there is a massive difference between paying £20 a month and over £100) and the usual poor grammar that should be an embarrassment to any normal legal firm, but I suppose these people have no shame.   Anyway, I assume its the same respond for more time and send off a CPR and CCA?   Name of the Claimant ?   Cabot Financial Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 22/02/2021   Particulars of Claim   What is the claim for – the reason they have issued the claim?  By an Agreement between JD Williams Ltd RE Jacamo & the defendant dated XX ('the agreement') JD Williams Ltd RE Jacamo agreed to issue the Defendant with a credit account.  The Defendant failed to make the minimum payments due.  The Agreement was terminated following the service of a default notice.  The agreement was assigned to the Claimant.  THE CLAIMANT THEREFOR CLAIMS 1.8XX.XX 2. costs   What is the total value of the claim? £8XX.XX    Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   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? Catalogue   When did you enter into the original agreement before or after April 2007 ? After   Do you recall how you entered into the agreement...On line /In branch/By post ? Online   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes   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. Debt Purchaser   Were you aware the account had been assigned – did you receive a Notice of Assignment? Possibly, she was(and is) very poor at keeping and responding to correspondence.     Did you receive a Default Notice from the original creditor? Possibly, she was(and is) very poor at keeping and responding to correspondence.   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Possibly, she was(and is) very poor at keeping and responding to correspondence.   Why did you cease payments? More than she could afford.     What was the date of your last payment? No Idea as we do not not which account it is for.     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? Possibly but can't say for sure.    
    • 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 ?
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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

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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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Read Here

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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... 

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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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