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    • So here is where things stand at the moment (sorry it's a very long post!):   I moved into this property in November.  I contacted both my electric and gas suppliers to change address and get my accounts moved over.   Electric - I closed my old account from my previous address, opened a new account for this address, set up a direct debit and requested they become the supplier.  The only thing that was outstanding on the account was a discussion about tariffs.  On 21st November they tried to call me but I didn't answer (judging from the time I was probably driving home from work).  I received a payment from them at the end of November from my previous account (which I clearly didn't check as I thought it was money going out for my direct debit).  I incorrectly assumed the call was about tariffs, which tbh, I'm not really fussed about. Their request to become the supplier was rejected but they didn't follow up on it or try to contact me again.  So I, like an idiot, thought it was all sorted out.  It's only now that I've been through my account that I realise they haven't been taking payments. I have spoken to them since Friday and the above is what they have told me has happened.   Gas - I closed my old account and have been trying to get a new account opened since November.  I have had several discussions with them re: the change request being rejected and they didn't know why it was being rejected but to leave it with them.  They told me at the beginning of this month it would be done by the 21st January.  During this phone call they said I could call the current supplier to make sure it goes smoothly but that it wasn't essential as they expected it to be completed by the 21st.  Last week they sent me a final demand for my previous address.  I contacted them to raise a complaint as I thought they were at fault, as I expected it to have been changed as per the above.   I spoke to them on Saturday and have sorted out my final bill and they have advised me to open accounts with the current supplier, Spark, clear them and then I can switch. Interestingly they also told me that Spark went bust in 2018 and it is a company called Ovo who are on the national database as the gas supplier.   Spark - This is the company who changed the meters on Friday.  I have two letters (one for gas, one for electric) that were left with the smart meter they had plugged in in the kitchen, both addressed to the previous tenant.  I obviously did open these on Friday.  Both letters state that they had changed the meters to prepayment meters.  There are several boxes that list current debt, amount of credit on meters etc none of which are filled in.  They also state that a booklet has been left explaining how the smart meter works.  There was no booklet. When I contacted them on Friday they told me that I was in fact on credit meters (I don't know if they changed this remotely when they realised I wasn't the person with the debt).  They also told me they had every right to enter the property and aren't able to check every time who the current occupant is and I should have told them I'd moved in.  I was told that someone would call me at 1pm on Saturday to discuss my complaint, thus far no one has called me.   I spoke with citizen's advice yesterday who really weren't much help tbh.  They said I should have contacted the current supplier when I moved in and provided a copy of my tenancy agreement.  I've moved A LOT over the years and have never had to do this.  I have checked several energy supplier websites and they all state to switch to them or move home simply to contact them and they will basically do the rest, not one of them states that you need to call the current supplier... obviously, on reflection I really wish I had!   My letting agent/landlord have requested that I take any post for the previous tenant to them and they will return it.  They also want confirmation of what type of meter (prepayment or credit) is now in the house.  The locks were changed when I moved in so only myself, the letting agent and the landlord have a key.  None of us let them in on Friday.     My next step is to open accounts with Spark/Ovo, clear the balances since November and then change suppliers.    All of the above have advised me to follow Spark's complaint procedure which I will do but as I said above they haven't contacted me so far re: the complaint I made on Friday.   Should I also contact Marston's to raise a complaint with them?   Whilst in all of this I do appreciate I could have done a fair bit to have made my life easier and probably prevented this happening (hindsight is wonderful!) my main complaint is that neither Spark nor Marston's felt they needed to perform a very simple check and see who actually lives in the property before breaking in.  I cannot for the life of me see how this is acceptable or legal.  Whilst they had the legal right and a warrant to enter the previous tenant's property as far as I am concerned they had no right to enter mine.    
    • I am in the process of looking on the land registry and it's showing on there alongside Lloyds bank,am going to look at deeds aswell  
    • Just a note that these appeal Trade Associations, are bodies these fleecers belong to so they are allowed to operate, appeals almost always fail, and by appealing important protections under POFA are lost as the appeal almost always identifies the driver.  Irrelevant in your case as you own the space, and the PPC have no rights in law over it.  POPLA appeal could also fail as POPLA wouldn't look at primacy of contract and the fact you own the space so can tell the PPC to Foxtrot Oscar. Whole Private Parking Industry is a money machine for unscrupulous ex cowboy clampers.
    • If you have insufficient evidence to support the claim, it is very difficult.   No point going to any Personal Injury Solicitors, as they are going to ask you questions to determine how easy it is to win compensation and for them to earn money.    Given lack of evidence and that you are unlikely to receive help from those who just seek to earn from the incidents, I can only suggest that you write to the HR Director/Manager to make a complaint. Do not say anything about looking to take them to Court for personal injury.  Stick to the facts about what happened and the way it was dealt with.  Ask for copies of the incident/accident report forms that should have been completed by the line manager responsible.
    • My point was that the fear being generated is disproportionate to the current threat. Initial under reporting of cases gave an inflated picture of the percentage death rate and images of cities in lockdown do look like a disaster movie so I understand why. This article is worth a read for some perspective. https://www.theguardian.com/science/2020/jan/27/what-is-coronavirus-symptoms-sars-china-wuhan          
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In A Pickle

Equifax - Creation finance adams store card - default date

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Evening everybody - Happy new year

 

I do not understand default dates very much but am under the belief an account will be defaulted around 3-6 months after last payment?

 

I have just received a response from equifax about a dispute I raised because I believed the default date was wrong.

 

 

The default on my equifax record from Creation finance is dated 11/2010

- the last payment to them (as confirmed) by their response is Jan 09.

They have said that the information recorded is correct and that the 'charge off date' was 11/10.

 

Is the charge off date the same as the default date?

 

 

Are they allowed to wait 675 days from last payment to default an account?

 

 

they have added AP markers up until May 2010 and then started the 6 month count until default.

 

They have said that if I still dispute I need to send documents so they can investigate?

 

 

What documents?

 

 

I don't ever remember receiving a default notice

- but by their own admissions they have said that they didn't default until a year and 10 months later.

 

 

Can they default so long after last payment?

 

What should I do next please

 

Many thanks

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is this the Viking one with the CCJ CL Finance got?

 

 

dx


..

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Hi DX

 

No it's not that one, that one is paid and gone.

 

This is an old Adams store card that was being paid back with token payments since 2006

and put into dispute back in 2009 as they failed to provide any CCA.

 

 

The account as far as I remember has never been sold on to a DCA,

the only action since 2006 (when token payments started) has been random fees and interest added:

 

Statement date 6 August 2007

Interest for Purchase £5X.XX

 

Statement date 5 September 2007

Interest for Purchase £5X.XX

These two additions put it over limit

 

Statement date 3 June 2010

Over limit fee £2X.XX

Interest for Purchase £5X.XX

 

Statement date 5 July 2010

Over limit fee £2X.XX

Default sum fee – Late £2X.XX

Interest for purchase £5X.XX

 

Statement date 04 August 2010

Over limit fee £2X.XX

Interest for purchase £5X.XX

 

Statement date 04 September 2010

Over limit fee £2X.XX

 

These fees only came to light after a SAR, and there was no DN provided.

 

 

I have previously written to Creation asking them to explain and remove them but never received an answer.

 

 

It was only reading other threads recently that it appears they waited an unreasonably long time before defaulting

so I am trying to get them to change the default date.

 

Thanks

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I'm afraid I don't know the answer to this but am having a similar problem.

Does an appointed DCA have authority to change the original default date when they take the debt over? Even if you haven't paid them anything at all?


I QUESTION THEREFORE I AM!! [sIGPIC][/sIGPIC]

 

Unfortunately i'm not an expert in any given field legally and my advice and that of the Consumer Action Group and the Bank Action Group is given without prejudice and without liability so please if in any doubt whatsoever seek help from an insured qualified professional. Contents of my posts are purely my own personal opinions and not condoned or endorsed in any way, shape or form by CAG. Thank you! :p

 

 

I have been smoke-free for 4yrs

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no-one can change a defaulted date

let alone a dca

 

 

dx

  • Haha 1

..

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Ah thanks, mine should be statute barred but because they've changed the date I have to wait another 5 months :(


I QUESTION THEREFORE I AM!! [sIGPIC][/sIGPIC]

 

Unfortunately i'm not an expert in any given field legally and my advice and that of the Consumer Action Group and the Bank Action Group is given without prejudice and without liability so please if in any doubt whatsoever seek help from an insured qualified professional. Contents of my posts are purely my own personal opinions and not condoned or endorsed in any way, shape or form by CAG. Thank you! :p

 

 

I have been smoke-free for 4yrs

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there is no link between default date and SB date.

 

 

as I believe has already been explained to you before on your own thread

 

 

opps no it was someone elses thread you hi-jacked

you've not made thread since 2011

 

 

dx


..

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I have just received a response from equifax about a dispute I raised because I believed the default date was wrong.

 

The default on my equifax record from Creation finance is dated 11/2010

- the last payment to them (as confirmed) by their response is Jan 09.

They have said that the information recorded is correct and that the 'charge off date' was 11/10.

 

Is the charge off date the same as the default date?

 

 

Are they allowed to wait 675 days from last payment to default an account?

 

 

Can they default so long after last payment?

 

What should I do next please

 

Many thanks

 

Am I able to make a complaint to Creation Finance (and FCA? or ICO?) about the amount of time they took to default this?

 

 

the debt became statute barred on Friday,

 

 

but will appear on my credit file for another 22 months because they defaulted

1 year and 10 months after last payment?

 

Thanks guys

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Thanks for that DX, I was just looking on the ICO website for it.

 

That says that they should default between 3-6 months, as I suspected, but your 'but' above makes me think I'm missing something? (it's late and I'm a bit slow anyway :|) Can you let me know if I'm missing a point somewhere please.

 

I have just been reading through DBYs thread who had the same problem and it seems I am going to have problems getting this corrected.

 

Thanks for your time DX

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there used to be in the old guidelines

that the ICO typically rules in favour of the debtor.

in that 3-6mts is reasonable

 

 

outside that

like the infamous AP markers

they were unfair and should be amended

 

 

however, that bit has been removed from the new guidelines.

 

 

that's the but......

 

 

dx


..

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Ahhh, I see. Thanks for pointing it out.

 

I'll complain to creation first anyway as I'm interested to know why they took so long to default it? I could do with cheering up and I'm sure their Jackonory will do it!!

And if they don't change the date I will make a complaint to the ICO anyway.

 

Thanks again DX

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Hi,

 

Just wondering if you ever got a reply from Creation as to why they took so long to default you .

 

 

I have the same kind of situation,

defaulted on my payments back in 2008

and never heard a peep out of Creation,

 

 

they never tried to chase the debt etc but kept marking my credit file as 6 late payments rather than a default,

they did this up to 2014 when the debt should have become statute barred

and the month before they issued me with a defualt which has been on my file ever since (early last year).

 

 

I have logged in to Experian this week to check my credit score and it had jumped up by 200 points,

had a look and the default from Creation has disappeared,

 

 

just wondered if they have had a case against them and lost meaning they have to amend the late defaulted files ?

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This is still ongoing at the moment, but I will update the thread once it's been sorted (or not!!!!)

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