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    • Please see my comments on your post in red
    • Thanks for your reply, I have another 3 weeks before the notice ends. I'm also concerned because the property has detoriated since I've been here due to mould, damp and rusting (which I've never seen in a property before) rusty hinges and other damage to the front door caused by damp and mould, I'm concerned they could try and charge me for damages? As long as you've documented and reported this previously you'll have a right to challenge any costs. There was no inventory when I moved in, I also didn't have to pay a deposit. Do an inventory when you move out as proof of the property's condition as you leave it. I've also been told that if I leave before a possession order is given I would be deemed intentionally homeless, is this true? If you leave, yes. However, Your local council has a legal obligation to ensure you won't be left homeless as soon as you get the notice. As stated before, you don't have to leave when the notice expires if you haven't got somewhere else to go. Just keep paying your rent as normal. Your tenancy doesn't legally end until a possession warrant is executed against you or you leave and hand the keys back. My daughter doesn't live with me, I'd likely have medical priority as I have health issues and I'm on pip etc. Contact the council and make them aware then.      
    • extension? you mean enforcement. after 6yrs its very rare for a judge to allow enforcement. it wont have been sold on, just passed around the various differing trading names the claimant uses.    
    • You believe you have cast iron evidence. However, all they’d have to do to oppose a request for summary judgment is to say “we will be putting forward our own evidence and the evidence from both parties needs to be heard and assessed by a judge” : the bar for summary judgment is set quite high! You believe they don't have evidence but that on its own doesn't mean they wouldn't try! so, its a high risk strategy that leaves you on the hook for their costs if it doesn't work. Let the usual process play out.
    • Ok, I don't necessarily want to re-open my old thread but I've seen a number of such threads with regards to CCJ's and want to ask a fairly general consensus on the subject. My original CCJ is 7 years old now and has had 2/3 owners for the debt over the years since with varying level of contact.  Up to last summer they had attempted a charging order on a shared mortgage I'm named on which I defended that action and tried to negotiate with them to the point they withdrew the charging order application pending negotiations which we never came to an agreement over.  However, after a number of communication I heard nothing back since last Autumn barring an annual generic statement early this year despite multiple messages to them since at the time.  at a loss as to why the sudden loss of response from them. Then something came through from this site at random yesterday whilst out that I can't find now with regards to CCJ's to read over again.  Now here is the thing, I get how CCJ's don't expire as such, but I've been reading through threads and Google since this morning and a little confused.  CCJ's don't expire but can be effectively statute barred after 6 years (when in my case was just before I last heard of the creditor) if they are neither enforced in that time or they apply to the court within the 6 years of issue to extend the CCJ and that after 6 years they can't really without great difficulty or explanation apply for a CCJ extension after of the original CCJ?.  Is this actually correct as I've read various sources on Google and threads that suggest there is something to this?.
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Lowells - No CCA old cap1 debt


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Hi Caggers

Looking for some guidance relating to a old credit card debt which Lowells have purchased.

 

 

To cut to the chase

have put a marker on my credit file etc etc .

I have sent the prove it and CCA request ,

 

 

got a letter back to say unable to obtain docs we have decided not to pursue outstanding money !

 

 

Ok so far but

last paragraph goes on to say as we are required to record true and accurate information on our customers credit file any default will remain in place for six years !

 

Not happy with this and am going to send return letter stating for it to be removed as firstly it is not under default for the customer but Lowell

 

 

secondly any reporting will be misleading as it will not show a true reflection of the current condition of the account so do I have a case to have this removed ? Should I just go straight to the ICO ?

Thanks

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if the credit entry is properly recorded then they are correct.

 

 

Lack of a CCA doesnt mean they must remove it.

 

 

It just means they cant chase it through the courts.

 

 

What are the dates on the entry ( please screenshot if possible),

and what was the actual date of default

and last missed payment that caused the default.

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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lowells didn't default the debt

the OC did upon sale

nothing lowells can enter will harm you more

as long as they don't change the defaulted date entered by the OC.

 

 

don't make yourself look a fool by complaining to anyone.

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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if the credit entry is properly recorded then they are correct.

 

Lack of a CCA doesnt mean they must remove it.

 

It just means they cant chase it through the courts.

 

What are the dates on the entry ( please screenshot if possible),

and what was the actual date of default

and last missed payment that caused the default.

 

Acct start - 15/3/2012

Date of default - 7/2/2014-

Hard to say what missed payment caused this as the only entry on CF is Nov 2014 until this month

Last payment

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