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    • You won't be able to bring a counterclaim unless you can produce a properly structured assessment of losses or costs or ancillary expenses and you will need to do this by producing at least written assessment et cetera as I have indicated above. Two of them would be much better. A court won't entertain a counterclaim simply based on your own speculation as to your possible costs. I understand very well that your preference would be to write off the entire job including all of the materials that were supplied and for you to recover your outlay for those materials but I think in order to do that you would have to show that you have acquired no value from those materials and once again I think that you would need an expert assessment which explained why the materials were completely wasted and that you would have to start from zero. You can be certain that the claimant will attempt to say that you have received value and in fact that the items which have been supplied or already installed can still be used. I'm afraid that because the attempt to arrange this contract as a cash only agreement inevitably invites the scepticism of the court, I think the court may well be open to consider arguments that the items which have already been supplied are of use to you. If you can get expert confirmation that the supplied materials are now of no use whatsoever, then you will also have to get a quote for uninstalling them and returning them to the claimant. This means that the whole thing is getting even more complicated. I do think that your best interests would be to discuss the matter with your new installer and to see what items which have been already supplied can be used to finish the project – and then to try and deal with the claimant in respect of those on the basis that the case would be withdrawn and everybody would walk away. I think it's time to start abandoning some of this rancour between you because it isn't helping and it won't impress anybody. Don't underestimate the disapproval that will be felt by the court when they get to know about the cash arrangement and this won't be helped by the fact that you then went ahead to try and get receipts. I understand very well that you say that you simply provided money and that in fact you were the purchaser of the items directly from the retailer – but there is no evidence for that and it would be an unusual arrangement and I think the court might express scepticism about that as well. I think we have to bear in mind your credibility in this – and I think that it is rather fragile at the moment. If you came up with a sensible business- like idea about how to put this one to bed and then put it to the claimant and also mention the fact that as he was involved in a cash only transaction, he also might find that he is incurring the displeasure of the court – particularly as he is the claimant, he might feel inclined to try and wrap it all up and bring it to an end. I think the next thing you must do is to get an expert report as I've already suggested above. You will need to do this anyway. If you don't have an expert report then even if you happen to win your argument that there is a breach of contract, the assessment of how much you win will be impossible for the court to decide. The court will absolutely want expert assessments. So you need an assessment as to the work which has been carried out so far and the work needed and costs involved to carry out the job. You need an assessment as to the usability or otherwise of the equipment which has been supplied. At least that for the moment. I don't think it is possible to do much more until you have this information. If you can get the information then we can decide what to do. Obviously I don't know anything about the subject, but I can't imagine that all of the equipment which has been supplied is useless. It could only be useless if you suddenly say that you want an entirely different system of gates – but on that matter, you are bound by your expectation in the contract and you would only be entitled to install a similar system using similar equipment.  
    • I wonder whether part of the UK issue with current NI protocol, is that it is enabling a better trading environment between Ireland and Northern Ireland.     Northern Irish businesses have anticipated import/export issues with Great Britain, so now trade with Ireland or via Ireland.   Apparently reports are that some Northern Irish businesses have seen an increase in trade. It is only businesses that mostly sell British fresh produce that have been affected by border controls  and even then, they could swap to local produce.   Agree that UK Government are using argument with EU as a convenient distraction, but also there must be a worry about increased risk of a united Ireland, as a indirect consequence of Brexit.
    • Fintan O'Toole has an article about the Brexit negotiations and what he thinks HMG's aims are.   Facing chaos and needing a scapegoat, the Tories seek an endless fight with Europe | Fintan O’Toole | The Guardian WWW.THEGUARDIAN.COM The EU’s proposals on the Northern Ireland protocol offered what business leaders wanted, but the prime minister prefers failure and grievance  
    • The carmaking giant is investing £230m in its Halewood plant, safeguarding 500 jobs.View the full article
    • Interesting question about Temerko donating to Frech political parties, TJ.   The French press are aware of the UK donations but there's no mention of donations in France. Aquind seemes to be based in the UK so I don't know if it would be allowed.
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Indigo Michael - Safety Net Credit - Clear account PDL Default notice


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Hi, I had a general query I was hoping somebody could help me with.

 

On CheckMyFile .com it states:

 

Notice Of Default

Definition of 'Notice Of Default'

A formal letter from a lender sent when you fall in arrears.

 

 

The notice sets out the arrears and what you have to do to put things right, within 14 days.

 

 

Failure to respond to a notice of default results in a default,

which appears on your credit file for six years,

irrespective of whether you subsequently pay the account in part or in full.

 

The notice is required before creditor (lender) can take any of the following five actions:

terminate the agreement, repossess goods or land, demand earlier payment of sums due

under the agreement, treat as restricted, terminated or deferred any of the debtor’s rights under the agreement and enforce a security.

 

It applies to all types of breach of a regulated agreement, not just default in payment and is only applicable where the creditor intends to take one of the five types of action. A simple reminder not threatening one of these actions is not a Default Notice and not governed by Consumer Credit Act 1974.

 

Is this an actual rule?

 

 

Must a lender issue a default notice 14 days before issuing a default?

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tell us about the debt please

 

 

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 is debt is Indigo Michael - Safety Net Credit - Clear account when I set it up. £392.00

Date opened 28/01/2014.

 

I changed my online banking passwords in May 2014

so it has showed on noddle as late payment for a year and a half.

 

 

A default was applied 31/01/2016 and the account was closed.

 

 

I have definitely defaulted and had I received notice I cannot afford to pay in full,

 

 

I was just surprised I didn't receive any notice.

 

 

I have not actually had any correspondence from them at all which is odd.

 

 

They have the right address.

 

I am a full time student.

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No interest is being added, the debt is at £392 and has been at £392 since July 2014.

 

 

Since they had not chased me and in hadn't changed it was a low priority.

 

 

I would have liked to avoid a default if I could but that was just added.

 

 

I can still log in and view the statements.

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moved to the PDL forum and retitled

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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Well if they're going to 'write off' the debt, then surely the fees they have levied will be written off along with it?

 

Sounds like they know they have acted irresponsibly and don't want dragging over the coals for it.

 

What did the email say?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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They say they have carried out a full investigation and that carried out all required checks and saw nothing of concern on my call credit, credit report.

 

"As already alluded to, we performed a credit search at the credit reference agency Callcredit and there was nothing to suggest we shouldn’t extend credit."

 

My very low rating, £5000+ debts and 11+ defaults didn't concern them.

 

They go on to say -

"Having reviewed your complaint and understanding the situation that you now find yourself in, as gesture of goodwill, we are willing to write off the remaining balance owed of £392.00 in its entirety. This means that repaying the outstanding balance will be waived and the account closed, drawing a conclusion to the matter."

 

As long as they remove the entire entry from my credit report, I will accept this resolution.

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I'd accept it regardless, one more default isn't going to harm your CRF, not if you have 11 previous markers on there.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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I will, the only reason I'm attempting to get this one off is that they applied it January 31st so it wouldn't be off until 2022. The other were already on there and will come off much earlier. It's going to be a long time before I have anything resembling a decent score though.

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Yeah, I figured it was something like that after I hit 'post'.

 

Plus I would 'think' that they would remove it in its entirety as there is no account to 'service' so they would have no reason to be reporting how the account is run to the CRA's, so I would think that they will remove it anyway?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Well I have received the final response from safety net credit:

 

£392.00 outstanding will be written off, and the record will be removed from my credit file.

They will also refund £237.29 which is the amount I had repaid plus interest.

 

Very pleased with that, and only possible because of all the information that is on this forum, so big thanks

Edited by albob222001
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I changed my online banking passwords in May 2014

so it has showed on noddle as late payment for a year and a half.

 

Could you just expand a bit on this please, what has your bank password got to do with it ??

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Saftey Net credit almost acts like an automatic payday loan.

 

In order to use their service you must give your online banking ID and password. They automatically add money if you balance gets low and take it back when it get higher.

 

This might work for somebody who has their finances in order to help avoid unauthorised overdraft fees. Sadly, I borrowed the full amount and then it would repay when I got paid and I do it again, so it was just a rolling loan facility for me.

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In order to use their service you must give your online banking ID and password. They automatically add money if you balance gets low and take it back when it get higher.

 

Are you serious?

 

Even my bank doesn't ask for that information? That is an extremely dangerous, and I would like to think, totally unlawful method of borrowing?

 

This might warrant further investigation by the ICO, this is clearly not right.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Yes, totally serious, I took the loan around 3 years ago but they still operate in the same way, the only difference is they were called clear account when I first used their services. The can automatically withdraw and make deposits. I changed my passwords as I was scared they would automatically take any payments I put into my account.

 

I was desperate for the money so gave the information.

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Yes. I've just been on their website to have a look see, and it seems they have the full backing of the FSA to ask vulnerable people for their bank details!

 

Truly criminal IMO, exploiting the vulnerable, what a vile industry.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Saftey Net credit almost acts like an automatic payday loan.

 

In order to use their service you must give your online banking ID and password. They automatically add money if you balance gets low and take it back when it get higher.

 

This might work for somebody who has their finances in order to help avoid unauthorised overdraft fees. Sadly, I borrowed the full amount and then it would repay when I got paid and I do it again, so it was just a rolling loan facility for me.

 

Are you serious?

 

Even my bank doesn't ask for that information? That is an extremely dangerous, and I would like to think, totally unlawful method of borrowing?

 

This might warrant further investigation by the ICO, this is clearly not right.

 

I have never ever heard of such a thing and as said above, exceedingly dangerous. You have no idea who these people are. If you haven't already, I suggest you log off CAG and go and change your password now and make it a strong one.

 

Never ever give your password to anyone. Even your own bank will never ask for that.

 

In future, payments by direct debit or standing order only.

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Yes. I've just been on their website to have a look see, and it seems they have the full backing of the FSA to ask vulnerable people for their bank details!

 

Truly criminal IMO, exploiting the vulnerable, what a vile industry.

 

Does it actually say that as having a license isn't the same as backing their methods ?

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Does it actually say that as having a license isn't the same as backing their methods ?

 

No not in so many words, I just saw that they are 'approved' by the FSA, so you're probably right in that they do not know this practice is going on.

 

I just find it incredible that they can even think of asking for this information???? Truly dumbfounded!

 

SafetyNet Credit’s service requires us to have read only access to your internet banking. You need to disclose your online banking log-in details to be considered for a facility. If you are given a facility we review your balance and transactions on a daily basis and monitor any changes in your financial status.

https://www.safetynetcredit.com/how-it-works-linking-to-your-bank#howitworksLinkingAccount

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Although they say it is "read only" access - the refund I have now received was for money they withdrew from my account. I never had a direct debit or standing order, and made them no payment by cheque or card. The only way they got the money was with their access to my online account.

 

That is why I changed all of my passwords.

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I also had a loan from Safety Net Credit, a limit of £140, got in to difficulty after 6 months or so, changed passwords and changed banks, they never added extra fees or extra interest, amount outstanding was £184 so £44 worth of interest charges in 6 months, I am now paying off by standing order at £10 per month. Interestingly this came up on my credit report as a 'credit card' which I thought was odd.

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It appeared in the credit card section on my report as well.

 

They collect data on their customers (victims) spending habits as well using the "read only" access they have to the accounts - they display stats about that on their website - seems very dodgy to me. I wish I had never been as desperate as I was when I signed up to their service.

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