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    • please complete this:   and scan up bothsides of your NTK read upload carefully PDF only please!!   safe to ignore powerless DCA's they are not bailiffs  
    • yes ring the court and get it moved directions might stay the same though for fee/WS exchange mind.   dx   dx  
    • Driver entered car park run by CEL Ltd .Tried to purchase lozenges  at Pharmacy , saw it was busy so left . Time there approximately 5 minutes . Left to go to pick up some goods  a couple of miles away . I have a copy of a collection of goods note with an approximate time on it  Stayed a while to chat with client On return journey stopped  to try again . Bought lozenges and left . There were no restrictions on returning  ANPR cameras registered first entry and last exit  Was sent photos showing vehicle with 2 blown up with the times on them   Company refuses to divulge landlord or show contract ....said it was data protection ! Photo of a sign blown up .....could be anywhere ! Been to site itself . No signs at entrance . When entering from main road nothing ! Where there is parking a few signs visible depending on parking space . Large sign on an external wall which can only be seen when walking out or entering from side road on the left . After a number of letters  I received demands from ZZPS ....a “debt collector “. They gave up on that ! This incident took pace in February . Now a Letter Before Court requesting details of my salary and how I intend to pay the debt  The length of stay is 40 minutes . Tiny car park !   Do know why there are even limits . Length of stay maybe 15 minutes in total . It is madness The pack of lozenges cost £185 ! Am 72 years old with multiple health problems ! Cannot let these cowboys win . Feel as though I am being intimidated . Very stressful ! Any  advice please ?I have drafted  together bits from all over the place ! Need it to stop ASAP !
    • Hi    This is my draft WS, please do let me know of nay changes or additions required, thanks.    IN THE County Court AT                                                                              CLAIM NO:      BETWEEN: CABOT FINANCIAL (UK) LIMITED   -and- (DEFENDANT)     ___________________________________________ WITNESS STATEMENT OF        INTRODUCTION    1. I, XXXX, the Defendant in this case, make this statement in support of my defence against the Claimant, Cabot Financial (UK) Limited.  The matters set out below are within my own knowledge, except where I indicate to the contrary.    THE DEFENDANT’S RESPONSE TO THE CLAIMANT’S WITNESS STATEMENT    2. The Claimant states in Paragraph 3, ‘….refer to various documents, true copiesof which are contained in the paginated bundle to this statement marked “JK”1’, but then states in para 4, ‘Acopy of the reconstituted agreementwith associated terms and conditions….pages 1-10’. There are 3 versions attached of the alleged Agreement and Terms & Conditions and according to para 4 they are not the original but ‘a reconstitutedversion’. They have attached 3 Agreements namely, ‘Original Agreement’, ‘Default Agreement’ and ‘Terms of your Capital One Credit Card Agreement’.  The Claimant has provided 3 sets of generic/reconstituted Agreement and Terms & conditions.     3. The Claimant in Para 4 also states ‘On or around 5thNovember 2012 the Defendant entered into a Credit Card Agreement,’ but Page 2 of JK1 has a date inserted 2/11/2012.  It has my name, address and a date inserted in the form but no mention of how the agreement was made, online, post or telephone, and furthermore not mentioned in the Claimant’s Witness Statement.     4. As a rule of thumb I always ensure that no 3rdparty is to contact me or to send me marketing information via telephone, post or electronically’, but Page 2 of JK1 has an unticked box, another indication that this is not an original agreement.    5. Page 5 of JK1 has too many typo mistakes in the heading as follows: TERMSOF YOUR CAPITALONE CREDITCARD AGREEMENT, furthermore there are no ‘full stop’ punctuations at the end of each sentence, this surely cannot be a document sent out by Capital One.     6. The Claimant states in Para 9 that my defence is a ‘templated defence’, requesting documents pursuant of CPR 31.14 and Section 78 of the Credit Card Act 1974, this is a defendant’s right for request of information but the Claimant has failed to provide the true original Credit Card Agreement and Terms & Conditions.   7. The Claimant states in Para 25 that, ‘the Claimant allowed the proceedings to be stayed in order to allow the parties to attempt settlement negotiations…..’ this is not correct as the Claim was stayed due to the Claimant not being able to provide the requested documents pursuant of my CPR 31.14 and Section 78 of the Credit Card Act 1974.   8. Para 30 and 31of the Witness Statement requests to restore the proceedings, to strike out the Defence, has requested for a Summary Judgement, together with costs to be assessed summarily by the court. I, the Defendant, strongly object to the Claimant’s Witness Statement requesting to lift the stay and enter Judgement. I believe therefore, that this should be denied and I respectfully ask for you to strike out the claim. My reasons for this have been outlined in points 1 to 7.    9. By the reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief and invite the Court to strike out the claim.   I believe that the facts stated in this Witness Statement are true.    Signed:  Dated:
    • District Judge has considered the statements of case and directions questionnaire filed and allocated the claim to the small claims track on 13th January 2020 for 1 hour.    Claimant has by 16th December 2019 pay the court trial fee or file a properly completed application, otherwise the claim will be struck out with effect from 16th December.    I have a few questions if possible to get an answer from anyone please.    The following directions apply to this claim: 1. It says that each party must deliver to the other party and to the court office copies of all documents on which that party intends to rely at the hearing no later than fourteen days before the hearing.  My understanding this will my witness statement, images of the parking area, out of time sent NTK documents. Is this correct? What else am I not thinking about?    2. I have to leave country for important work trip from 10th to 19th of January 2020. Is there anything I can do to postpone this case since its booked for 13th January?  Thanks!      
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lauz86

Creation Finance wrong default date

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Hi I'm hoping you can help,

 

 

I purchased a sofa on 12 months finance in March 2008 when I was living with my ex,

I only made a few payments then we split,

I moved out & never made another payment.

I have never had any letters from them regarding the debt due to me moving out.

 

Last week I checked my credit report for the first time as I wanted to make sure everything was correct before applying for a mortgage

& I noticed they had registered a default in August 2010

registered to the address I lived at with my ex so that will be why I never received a default notice.

 

I'm just wondering if they are allowed to register a default 2 years after I last made a payment,

I'm hoping not & I will be able to get the default date changed as it will then drop off my report.

 

 

If anyone has any template letters I can email to them regarding the date being wrong I would be very grateful

 

 

Thanks in advance

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Hi and welcome to CAG.

 

IMO, this all depends on your last payment. You mentioned you paid a few and then stopped.

 

The ICO guidelines did mention that a reasonable time would be 6 months from last missed payment. Would this put you near August 2010? I doubt you will get the default removed.

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Hi thanks for your quick response,

 

 

The last payment I made would of been in July/August 2008.

 

 

I'm just thinking that if they had of put the correct date as 2008 it would of gone off my report last year

but as they have put 2010 it won't come off until next year.

If the ICO states it should be 6 months then does this mean I have a change of getting the correct date put on?

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Hi thanks for your quick response,

 

 

The last payment I made would of been in July/August 2008. I'm just thinking that if they had of put the correct date as 2008 it would of gone off my report last year but as they have put 2010 it won't come off until next year. If the ICO states it should be 6 months then does this mean I have a change of getting the correct date put on?

 

It is VERY VERY rare to get a default changed or removed.

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It is VERY VERY rare to get a default changed or removed.

 

 

 

Ok thanks so much for your help. I just thought (or rather, hoped) with it being their mistake they had to change it

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if you get all the statements via an sar

then write to them with proof

and ask why it took them that long to register the default

 

 

there's no ICO or otherwise guidelines that cover this now.

 

 

however it is worthy to note that at that time

there were ICO guidelines in force that stated it should be filed within 3-6mts of your 3rd missed payment.

 

 

dx


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thank you dx,

 

 

That's very helpful, I will get it sent off today

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Actually getting a default removed with Creation is fairly easy.

 

 

They will often default an account without following the proper procedures such as sending out the default letter etc.

 

 

Do a SAR for the notes on their systems.

keep in mind that they use at least 3 systems for finance agreements.

 

 

Also, make sure you get a copy of the default letter sent.

 

 

These guys do not play by the rules whatsoever so don't assume that they did with you.

 

 

Follow it through.

 

 

The Senior Manager for that department is ..............

 

 

Trust me, their collections department is a mess and the turnover is extremely high.

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just be wary they dont HAVE to have sent a DN to mark your file

 

 

then post 6


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They do if they are defaulting you.

 

 

Regular ratings will show if you make your payments on time and if not how late you have been.

 

 

These can fluctuate.

 

 

A default stays on your credit report for a specific amount of years.

 

 

They first need to send you a letter and give you a period of time to make payment.

 

 

If you fail to do so THEN they can default you.

 

 

Creation will forego this and just default accounts on a regular basis.

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a default notice merely gives a creditor 'permission' to register a default when and if they 'want' to.

 

 

there is no requirement for a creditor or the owner of a debt to issue a default notice to mark your file.

 

 

if thy did/did not issue a DN is no reason to get a default removed.

 

 

up tree barking wrong one.


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James Jones is Head of Consumer Affairs and here is a response to a letter sent to him:

 

 

How can I dispute a default on my report?

 

Dear James,

Please advise me of the procedure to be followed by a lender issuing a default notice? Secondly,

how can a default notice be disputed?

ehboob, Leicester

 

Dear Mehboob,

 

 

A default notice is a communication a lender should send to a borrower before defaulting a credit agreement regulated by the Consumer Credit Act (CCA).

It warns the borrower that:

1. a default will occur unless remedial action is taken within a specific period of time; and

 

2. a record of the default will be registered on the borrower’s credit report with one or more credit reference agencies.

 

So the default notice isn’t registered on your credit report,

but a record of the fact that your account has defaulted will be if you haven’t managed to bring the account back into order.

 

Quite a few organisations that share customer information through the credit reference agencies are not covered by the CCA

so don’t issue default notices at all. Mobile phone agreements are an example.

Usually, though, you should still be told before a default is placed on your credit report and,

if possible, given the opportunity to get your account back into order.

 

It's important that the information on your credit report is accurate and up to date.

If you disagree with information on your report – whether it has been registered as a default or any other status

– you should raise a dispute with us.

 

...I'm only trying to help this guy out

. I know that Creation is forced to remove defaults on a regular basis due to their practices.

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Hi Dominoes & DX,

 

 

Thanks for your info,

 

 

I sent an SAR request off a few weeks ago & am just waiting for them to respond.

 

 

I've read on a few threads about them not responding to SARs, what do I do if that happens?

 

 

If I can just get them to enter the correct date for the default

then it should drop off my credit report as it was more than 6 years ago

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should easily be able to do that.

 

 

what address did you use

the Canadian square one appears to work well

 

 

dx


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should easily be able to do that.

 

 

what address did you use

the Canadian square one appears to work well

 

 

dx

 

I sent to the one on their website, Blenheim Court, Solihull. I know experian got in contact with them for me regarding the date & they told them they won't change it, which is why I sent the SAR. Hopefully they reply so I can get this sorted

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If they try to refuse your SAR just contact the Information Commissioners Office. They'll sort them real quick

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Hi everyone,

 

I got my sar back today the default notice date was May 2009

my last payment was Feb 2009.

 

Does this mean I can get them to change the default date?

 

The end of the statement shows an AWO payment for the outstanding balance in August 2010, the date they registered the default.

 

I don't know what this means as I never made that payment.

 

Does anyone know what this means?

 

Will it affect my chance of having the default date changed?

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What does awo mean

 

Look in the sar glossary they sent?

 

Dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

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What does awo mean

 

Look in the sar glossary they sent?

 

Dx

 

There wasn't one in the pack, just statements & a copy of phone call notes. Should they of supplied one?

 

Am I best just going straight to the ICO now & asking them to look in to it?

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Hi everyone,

 

I got my sar back today the default notice date was May 2009

my last payment was Feb 2009.

 

Does this mean I can get them to change the default date?

 

The end of the statement shows an AWO payment for the outstanding balance in August 2010, the date they registered the default.

 

I don't know what this means as I never made that payment.

 

Does anyone know what this means?

 

Will it affect my chance of having the default date changed?

 

sri hit return too early...

 

 

so they defaulted the debt when they sold it on

 

as awo might be the account being written off against tax and sold on

 

 

......


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

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