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    • Welcome to the real world. What year of university are you in? What university? And what are you studying? What is the name of the agent? And what is the name of the landlord? The business of holding deposits should be affected by the Consumer Rights Act 2015 and that means that they should be subject to terms relating to fairness. It seems to me that if you pull out of an agreement to take the property then the agent or landlord should only be entitled to hold on to sufficient funds to cover any administrative losses which they have suffered as a result of your change of decision. In practice many agents will simply take the opportunity to cream off a bit of extra profit. I suppose you just paid the money over without any kind of written agreement or recording or any evidence. Certainly, if you paid over a holding deposit on the basis of a particular contractual promise – that there would be a break clause and then subsequently there was no break clause then it would be a simple matter to argue that it was the agent of the landlord who had gone into the breach of contract in which case you would be entitled to recover all of your money. However do you have evidence of this? Similarly, if you pay the holding deposit and were only told afterwards that it was not refundable then it is arguable – although not cut and dried – that they had introduced a new term into an existing contract and so once again, you would be entitled to recover all of your money. However, once again – do you have any evidence of this? It will be interesting to know whether the agent is acting of their own initiative here or whether they are really exercising the will of the landlord. Please address the questions which I've put above
    • The house was sold in 2015. What’s Ll/BB. Can any one just say what I need to do. Or what I can do. Are Lowell in there rights to claim and therefore I’m liable for paying back the debt. Even though they can’t prove a contract to me in my name. Many thanks 
    • Hi GrievingMum   I fully understand and sympathise with your medical conditions.   The 3 screenshots/images in post#21 I have removed as I have converted those into one PDF which is now showing in that post.   CAG prefers PDFs rather than multiple screenshots/images but as I said I appreciate your medical condition so I have converted those screenshots/images into one PDF and removed the screenshots/images and left the PDF in your post.    CAG also prefers that all our caggers remain Anonymous on CAG, could I just suggest that when your have edited your document to just leave it for a while then go back to it and recheck that you have removed all info to keep you anonymous before uploading to CAG.
    • The letter send to contact them. Maybe if they wanted people to ring them they should put telephone? I was in India at the time so not really convenient to call them (I can prove this to them if it became an issue)  
    • Hi  I genuinely have not received this BUT I am not saying that it hasnt been sent as I am sure it will have been.   As i said, my son has the same name as me and I am sure if he had seen one of these, he will have let me know as he did when he opened the second letter. 
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Hopeful15

lowell have placed a 2nd default on an old studio debt already defaulted/dropped off

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Can a DCA purchase a debt and then place a default on your credit file,

when the original creditor had already placed a default marker prior to selling the debt on??

 

Can you default twice or more on the same debt but the default recorded by different DCA Agencies?

 

Can account opened in 2002 that defaulted in 2006 be sold to a DCA end of 2014 and in 2015

a new default appears on your credit file with the same account info from 2002 for the 13yr old debt??

 

 

This old debt was removed ftom my account 2016 6 yrs after originally defaulted??

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As long as it had the same start date and default date they can. They cant change the default date.

 

For your example, if the account started in 2002 and say in 2008 you defaulted and a marker was placed, then that default would stay there until 2014 and it would automatically be removed in 2014. If a DCA bought the account after that, then they CAN NOT place a new marker on there.

 

You can only ever have one marker for a debt. Once that marker has fallen off, a new one can never be added.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Well how does a debt from 2002 defaulted in 2006 not 2008 as stated originally re-emerge on your credit file

as only being defaulted in 2015 but with now a DCA as creditor.

 

 

Address stated for account incorrect also and was removed from my file 2012 6 yrs after default recorded.

That would mean 2 defaults issued for same debt and recent showing on my CREDIT FILE.

If I raised a dispute would it be removed?

 

Plus - one more bit of advice please? ��

Ive received a county court claim from merligen investments for 330.00

have never dealt with them or had any Letters from them. ??

 

Close inspection of Credit File seems it may be in connection with a shopacheck account but cant be certain.

(Read a post sonewhere on here that was merlingen/shopacheck)

 

Shopacheck account as far as i believe opened 24th December 2012 330.00 paid in full acc balance 0.00 updated 19/10/2013.

with old address placed on the record.

 

 

looks good to me same as C-File.

 

so checked merligen out, DCA who BUYS DEBT

 

merlingen account opened 27/12/2012 balance on account 330.00

updated 21/4/2014 address on the record is new address.

the money claim online states; Balance due in full under agreement

 

Defendant had an agreement to make monthly payments for acc xxxxxx4411 but failed to do so

interest 26.40

court fee 35.00

LR 50.00

TL 441.40

 

????? so do i raise a dispute on Credit File and defend the claim on the basis

"have not a clue who they are" dispute alledged balance.

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can you start a new thread for the court claimform please.

 

 

as for the defaulted debt.

 

 

no it should not be showing

 

 

a debt that was defaulted for 6yrs should drop off your file on the defaults 6th birthday

and can never return.

 

 

dx


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new thread started

 

As for the debt already served its time and re-appeared how can that happen?

 

do i raise a dispute?

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have you record of the original default

from say the OC or credit file?

 

 

dx


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so the court claim and your default queries are for the same debt

[shpacheck were the doorstep lending wing of welcome finance]

 

 

dx


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no the default query relates to 2002 and i do have the details as i tend to keep things Ive had to pay for such as Credit reports etc

 

the original creditor is a studio gift acc,

although the account defaulted it was in dispute and

 

 

most of the balance relates to charges added after.

 

 

The DCA who appear now are Lowells.

 

 

As they state 2002 account opened it can only be the studio debt.

Bal stated owing 343.00 I think there have increased this amount.

 

The shopacheck account was paid anyway in 2013

this is why not sure where merligen investments are tied in never dealt with them

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send lowells a copy of the default proof from the OC

 

 

give them 14 days to remove the new account

or you'll raise a complaint with the ICO

and seek compensation

 

 

dx


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

The CAG Interest Tutorial Read Here

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thanks for advice, will send the letter on Monday

 

Will update once or if I get a reply

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