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    • depends what the fees are, typically nothing can be added once judgement is passed bar litigation costs. on document retention time limits etc at least 6yrs previous must be held though many hold complete info. as for acronyms and abbreviations ideally yes they should     
    • Still have to submit a statement either system....if they fail they can only give verbal because they failed to file and serve.
    • OP stated they had been arrested, but not charged (let alone convicted). They DON'T have a criminal record, but do have an entry on the PNC. That information stays on the PNC (Police National Computer) for life, but doesn't get released in a standard DBS. It only MIGHT get released for an Enhanced DBS (eDBS) check  ... but it would be incredibly unlikely. (The rational behind this is that eDBS's allow for 'information at Chief Officer of Police's discretion' ..... this covers the 2 'barring lists' and is also intended for the scenario where someone has multiple arrests or investigations, where safeguarding is a concern .... it was brought in after the Soham murders / Ian Huntley case, where the information known about the now-convicted child murderer may have prevented his employment in a school, had it been made available). So, for the sake of accuracy and completeness, arrests stay on the PNC for life, wont appear in a standard DBS, MIGHT appear in an eDBS, but in reality, would be the exception rather than the norm, and I can't see them being released  to a defense barrister. What then if the defence found out a different way, and brought it up in court?. Again, unlikely, but the important feature is that the judge would make sure they trod very carefully!. They MIGHT consider using it if there were other factors that allowed them to try to cast doubts as to the truthfulness of your evidence, but on its own : No way. Anyone MIGHT be arrested (if a seemingly plausible complaint been made against them)! The approach to take if it did come up is to be truthful. "Yes, I was arrested. It arose from a vexatious complaint. I wasn't charged, let alone convicted. That could happen to any one of us, if a vexatious complaint gets made" Far better that than lying, saying you'd never been arrested, and getting caught in a lie : that would ruin your credibility. I'm incredibly doubtful it will even come up, though.
    • we dont get N157 because its new OCMC but no court dont have evidence either.   Just seems a bit of a pointless wait but oh well
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natwest overdraft debt


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Very rare if at all.... Nat West assign debts...they litigate themselves and usually involve Shoosmiths

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  • 4 weeks later...
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i'm just wondering if you can offer me advice. so the account defaulted in early 2016 but since the middle of july 2017 there has been no account activity(most places i have had a default previously mark this every month) as in they dont mark my account with anything anymore just wondering what you think it actually means from there end?

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Possibly transferred to Collections (Telford) and is now a Router account with new account number.

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We could do with some help from you.

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Im not sure...its just a possible suggestion to your post #27 and lack of default reporting.

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  • 2 weeks later...

Once the demand notice has been served and expired...14 days...... Notice served under Sections 76(1) and 98(1) of the CCA1974.

 

You may find the following thread of interest.

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?450303-Removal-of-a-default-notice-applied-by-HSBC/page2

 

Andy

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  • 3 weeks later...

They can't see the calendar at all unless they are the owner

Just the summary stuff like defaulted date..status etc

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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  • 3 months later...

In principle, an offer could amount to an acknowledgement of the debt.

You really should lay out the whole story here

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i have a defaulted current account of 38xx.xx with natwest. they dont report it on my credit file each month anymore but it is defaulted. it defaulted feb 2016.

 

i phoned up to see who held the debt and offered 1200 full and final settlement over the phone, the person on the phone said they would fill in a form for me and send it off. they rejected the f and f

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is this your Natwest overdraft debt?

 

who are 'they'? you phoned?

 

 

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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yes same value..so threads merged for complete history so as to not make a mockery or repeat advice already given to you by someone

 

 

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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Hi so nobody actually replied once the threads were merged.

 

has what I have done reset the stat barred clock?

 

for the record they said the reason they rejected the offer was because they wanted to know what my monthly outgoings were where I’d got the money and why I couldn’t pay back a monthly amount.

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If you have offered an amount as F&F - It could have reset the SB Clock as its an offer of payment. Did you send it in writing? 

Its none of their business where the money came from - And also none of their business why you cant pay back a monthly amount... 

They are not legally entitled to your I&E fulls top.. A Judge can only order that and even then they are not allowed to see it. A judge would order an amount based upon HRH assessment. 

 

 

Why an earth these companies think they are so high and almighty I will never know. 

 

We could do with some help from you.

 

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**Fko-Filee**

Receptaculum Ignis

 

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i just did it over the phone?

 

well they said they would reconsider if i filled out one of those things proving why i can't afford to pay a monthly payment back and asked where i go t the money from.

 

Should i do it, do we think?

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NO you shouldnt - If you do a F+F - You include a clause to remove the debt from all 3 CRAs otherwise it is a pointless exercise :) 

Think about it - The debt would still remain 6 years from default. Status would just be updated... Thats no good to any lender as it still shows the debt defaulted. 

 

How much is the amount outstanding?

 

We could do with some help from you.

 

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**Fko-Filee**

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Ride it out...only another 3 years to SB....I assume no payments have been made since Feb 2016 ?

 

If a debt has not been assigned after 3 years ...its unlikely to ever be.

 

Acknowledgment of debt is either by making a payment or written acknowledgment.

 

Andy

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Ok so as I phoned up and made the offer it’s still stat barred.

 

only reason I made the offer in the first place was I’m going to apply for a mortgage next year and thought it might look better if the balance was settled 

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