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    • Hi there, the company name on the bit of paper is:   Bristow & Sutor   Says the total amount £990.49 and this includes £235 enforement stage fees,  The CTAX was owed to North Tyneside Council. The guy also said that it wasn't just for CTAX. Other debts were combined.   I did leave other debts behind too when I moved. Perhaps a utility bill, credit card debts and a Provi doorstep loan.   I think the guy said that he would be back Saturday too. This is what I'm trying to avoid multiple visits. Don't want my mam to get upset.   Thanks for the help.   Bear
    • Hi   Just to be clear a Tenant cannot refuse to pay rent after they have signed your Tenancy Agreement for the property irrespective if they are claiming no hot water for xx weeks especially when you have evidence to the contrary.   As they are now 2 months in arrears they have breached your tenancy agreement and you could go down the section 8 route for the rent arrears to evict your tenant and the letting agent you employed should be fully aware of this.   The hot water issue sounds more like the tenant didn't have a clue how to operate the heating system within your property   Has the Letting Agent informed this Tenant about the rents arrears and their Guarantor who would also be liable for the rents arrears?   Now the Tenant that wants to leave early as there is no 'Break Clause' in your Tenancy Agreement signed they would have to negotiate with you the Landlord to leave early as they are then in breach of that signed Tenancy Agreement.   Now before doing any of this is they have paid a Deposit it should be protected in a Tenancy Deposit Scheme and they should have been give a copy of that deposit schemes prescribed terms.
    • So a bit of an update as I haven’t posted for a while   I have received a court date of the 14th of Feb 2020 (maybe they will take me for a nice meal afterwards?) so I am starting to prepare my witness statement.    today I have received a letter from BW legal in response to my CPR letter yet again ignoring the fact that their T&Cs do not cover double parking. They are also now starting to hint that I was parked out of the bay yet the images provided on their evidence of the three tickets they are claiming for don’t evidence this as they are such bad quality.  stapled to the back of this is another letter. As a “gesture of good will”, the client is offering an out of court settlement figure of £500 payable in the next 5 days. Me thinks they are starting to realise they may not have a leg to stand on here!
    • firstly , they are not a Debt collector [never confuse the two - a DCA chasing consumer credit debt is totally powerless and have ZERO legal powers to do or take anything - they have no more legal powers than you or I do ] these will be bailiffs and do they have legal powers.   However, the good bit is that unlike what you might have seen on TV, for a council CTAX liability order [please confirm there is or NOT a CCJ registered check your creit file] there is NO right of forced entry. The bottom line is, bar all the arm waving, is, that if you simply totally ignore them, they will eventually go away.   Now what they can do is two fold on CTAX. basically add fees to a set limit.   the first is a notice of enforcement letter. this comes with a fee of £75 and gives you 7 days to set up some sort of payment plan.   the second is an actual visit, where by a further fee of £235, whereby the fees are now £310 , the maximum they can ever add to the CTAX bill. this is typically accompanied by a threat to removed goods, it's cleverly worded or 'explained' to make you 'think' they can waltz in any take anything they like. THEY CANNOT unless YOU let them in. which you don't, nor leave doors unlocked as they can then enter through what is called 'peaceful entry'.   in real term, the seizure of goods is limited to stuff outside like cars YOU might own that are not behind locked gates.   so i'm not too sure what stage you are at  so please clarify. the name of the bailiff company. how much you now owe the county council the CTAX is owed too.   if you have any/all paperwork please scan it to PDF  after redaction - read our upload guide]   one last point. they don't keep coming around they don't keep ringing. neither of those gander them anymore money so they don't bother.   dx      
    • Hi Everybody I moved into my parents house quite recently. My mam is aged and extremely ill (it's just me and her living in the house) and I moved from the North to the South of England to take care of her.   Now I've got a CCJ against me for unpaid Council tax from when I was living in the North and a debt collector has just showed up at the door. Now I don't have the money to pay the entire amount straight away. But I'm willing to try and enter in some kind of payment plan and gradually pay down the debt. However my main concern is that they don't keep coming around and phoning the house threatening and harassing my mam over her sons debt.   However the guy at the door was threatening to seize goods and have them sold at public auction. Getting bailiffs to break in etc.   When I told him that I've nothing of any real value he said he could just take whatever was in the house. Something about if she couldn't prove whatever was hers then they could just take whatever (I'm not 100% this but I think something to this affect).   He left me a "Notification of Enforcement agent visit" sheet of paper.   From the first paragraph it says:   "As an enforcement agent I've attended your premises today with the intention of taking control of your goods in accordance with the taking control of goods (fees) regulations 2014. At this time your goods are bound. You cannot remove, sell or otherwise dispose of them"   Thus I'd appreciate any advice that readers my be able to offer. Does anyone know the law regarding "seizing assets" when the debtor is not the homeowner/tenant?   tia Bear
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Hi

 

I am after a bit of advice on whether it is possible to ask for a default to be added to a settled account.

 

I initially took out a txtloan ( now Myjar) Payday loan for £100 on 23/02/2012, this was repaid on 08/03/2012. I then took out another £100 loan on the same day which then went into arrears due to financial difficulty, I had multiple payday loans which were taking up the majority of my wage on payday.

 

I entered a dmp later that year with the lenders receiving their first payment in December 2012. All of the loans are now either settled or satisfied.

 

I am looking to move house next year so have been checking my credit report. I have noticed that the other payday lenders marked my account as default between March 2012 - September 2012. This would mean that they are due to drop off my credit report later this year.

 

The exception is Myjar who never defaulted me, the only thing that shows up on my credit report is arrangement to pay and the account was settled in November 2015.

 

I was wondering if I would have a case to ask myjar to add a default when I was initially 3-6 months in arrears as per ico guidelines. I was 9 months in arrears by the time they received their first payment through my dmp. As it stands the settled account will not drop off my credit file until November 2021.

 

Thank you in advance for your help.

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moved to the PDL forum.

 

you could try but I think it will be very difficult.

 

the otherway is take your situation at the time as a whole

and fire off some irresponsible lending complaints?


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Ok thankyou,

 

I will try going down the irresponsible lending route but think this will get rejected from Myjar as I only ever took out 2 small loans with them and repaid one of them on time.

 

I am not so interested in receiving any compensation, the main concern for me is that the Myjar loan will stay on my credit file until November 2021 with arrangement to pay showing on it.

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Hi and welcome to CAG

 

Arrangement to Pay markers stay on your file for 6 years from the date the marker was entered so it all depends on the date of the marker.

 

If more than six years have elapsed since the marker was entered, contact the credit reference agency to dispute it.

 

Getting a retrospective default added (then removed) is virtually impossible however if a creditor took ages to place the marker, this can be disputed. Also, where only token amounts were being paid to the creditor then a default should have been placed automatically. Token amounts usually mean £1 a month.


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Thanks for your response,

 

The amount I was repaying to myjar was around £6 a month.

 

There are no entries on my credit report up until November 2014 as myjar have stated to me via telephone this is the date they started reporting to credit reference agencies.

 

There is a 1 marker from November 14 until July 15. July, August and September then have an 'AR' marker and October has a 'ST' marker.

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In my opinion, MyJar should backdate the Arrangement to Pay marker to when you actually started using the DMP.

 

You could try the informal route to see if they will backdate it and if not, do the more formal route-a Formal Complaint. If they still refuse to assist, you can go to the FOS as this is (again my opinion) unfair treatment by prolonging the debt for longer than six years.

 

Do not ring them unless you can record all calls. Preferably do this in writing so that you have a paper trail. You can try the credit reference agency too and at the very least, you can add a notice of correction to the entry (up to 200 words)

If you do write, get a free proof of postage from the post office.


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Thank you again,

 

If they were to agree to backdate the 'AR' marker to December 2012 would the whole credit agreement drop off my credit file in December 2018 or would just the AR marker drop off and the rest stay on my file until 6 years after the settlement date?

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AP can potentially stay for 12yrs and will kill that intended mortgage application

the full history is there for 6yrs until it's paid then remains from 6 more as the loan history record.

 

Keeping that PDL entry showing under loans for poss a full 12yrs.

 

The fact that you only had 2 loans with them is immaterial to an IRL claim

It's the credit file being crap when they loaned to you that's decided and any other debt on the file

 

IMHO the only way to remove the AP is to get the debt wiped under IRL


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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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Ok I will get the ball rolling with the irresponsible lending complaint, hopefully they will remove it from my credit file as that will be the only negative entry on there as of September this year.

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I must confess to an error. An Arrangement to Pay marked 'satisfied' can indeed stay on your file for a further 6 years. My humble apologies for my error.

 

I still think it's unfair as £6 a month (in my opinion) would qualify as a 'token amount' requiring an immediate default. Myjar obviously take a different route and screw you for longer


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Thank you all for your help and advice,

I have sent an email asking Myjar to add a default dated September 2012 and reminded them of ico guidelines. I am not holding my breath but it's worth a try.

 

If and when they refuse I will make a formal complaint regarding irresponsible lending.

 

I will keep you updated.

 

Cheers

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