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    • Hi I appealed online on 28/12/19. I have attached my submission as a further PDF   Thanks
    • I received £1500 from a friend and another £1000 another from their Revolut accounts, which are fine. I would be OK if Revolut just returned the money to them. Happy to provide proof of income and they are happy to do so, too.
    • POFA plays no part in limiting court costs.  costs recovery under the small claims track is very limited   2 cases heard together? 1st you've told us about this....        
    • Just a general comment - as I know nothing about legal procedures...   I agree with what I think BankFodder is suggesting - it really ought to be a straightforward question of a breach of contract.  You've paid for a service and the other party (or their sub-contractor) has failed to perform that service - safe delivery to the addressee.  It seems daft to me that the risk of non-delivery gets passed back to you because you've not paid for insurance against their failure to perform their responsibilities.  It's an inherently unfair* business model that has crept up by stealth, assisted by the growth of internet shopping.  Of course, a court may not agree...   I also agree with BF that you should be able to do some research yourself, and you should see this as an opportunity for self-directed learning as well as self-help!  You can always check back with BF, Andyorch and dx100uk that your understanding is correct.  You might get some ideas for final year dissertation - it's a bit of an academic problem with real-life commercial implications.   *Of course, in the absence of this business model, courier fees would go up, but I would argue that's a fairer way of spreading the risk of loss/damage etc   (PS - I was a law student a looooooooong time ago.  In your position I'd have tried my tutors as a sounding board as well.  I also thought SBU had it's own law clinic - although the advice is likely to be quite basic unless somebody sees this as an "interesting" problem)
    • Thanks EB, I will catchup on the mentioned thread as I had used it before the hearing.   I went for hearing. Rep approached mentioning settlement, talking about them having a strong case to which I pointed out their bundle which they were going through that it says Excel here so aren't you here for the wrong company.   They mentioned sister companies, I mentioned companies house and then I said let's leave it to the judge they went away from me. The rep went into a room presumably to call their firm Elms Legal I think probably for advice.   We ended up being the last hearing before lunch, as the Usher called out our names and said the judge will call you in shortly. The rep came over saying something like I'm surprised you're going in without submitting a WS!   I said it has been served they said well I haven't seen it, when was it sent, do you have copies as I could get the Usher to copy, I said I may,  rep - you either do or you don't Take care of yourself.I said well we will have to put this in front of the judge now.   Inside the rep said to the judge about my WS not being served and they asked me on multiple occasions for the WS I said 5 minutes before coming in is not multiple occasions. The judge said they had my WS along with an index of papers I had sent in that they have been looking at.   The rep started with their page contract and terms and conditions picture in their bundle saying they have a valid contract and that in the Tariff /T&C picture it mentioned about entering into a contract with VCS.   The judge asked me what I made of that I argued where is the contract giving them, a 3rd party, authority from Excel to issue proceedings in their own rights? The judge said to the rep, Defendant not accepting this so we are not getting anywhere rep raised WS issue again saying they asked on multiple occasions, again I repeated what 5 minutes before coming in. I said I had Cert of Posting.   The rep mentioned about being given a few minutes to read it and I said I had a copy but the judge was saying it's near lunch and it will take too much time even though the rep said there is still 35 minutes left.   I said the WS was served see COP but the judge said they may have lost it etc so to send it again. I said the rep could have a copy now but the rep was like I couldn't take pictures of it and send back to my client as they only get things from them via email.   I said you could post it but the judge said the rep is saying they can't use post for whatever reason so if I could send it again. Case adjourned.   The rep asked about costs and judge said reserved and I asked about my loss of earnings and that I would have to get leave booked again. Reserved seemed to be the answer but the judge was apologising about being the last morning hearing and said he would make sure we were first next time and the rep asked for an hour instead of 45 minutes so judge asked me and I said ok.   The rep asked about the reason for adjourning to give to their client as they would have had to pay them to attend. Outside at the ushers desk the rep had spoken to the Usher to make a copy from mine (didn't accept it Infront of the judge) and also asked to see the COP and I obliged saying I deem this served now but the rep said you have an order/instruction from the judge to send to VCS. I regret giving them a copy thinking I should have said you will have it once I send it again to VCS. Whilst inside, the judge said as the hearing never started it wouldn't be infront of him again and also the rep said it would probably be someone else as she also wasn't the person named in their WS. As per POFA my understanding is one cannot be made to pay costs more than in the NTK. As it will now be a 2nd hearing, 2 days off work for me and 2 representations for them, will there be double AL for me to claim if I win or double expenses if they win?   There was supposed to  be 2 cases heard together but I only had WS for this one am I supposed to have asked for another WS? Will they be claiming the fee/expenses for both cases with one hearing yet I could only claim for the 2 days AL?   What do you make of what happened at the hearing from their rep, maybe they realised it won't be straightforward especially when it was a judge they were not aware of perhaps they conferred with their team about ways to handle aswell as ways to escape? Thanks      
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Hi,

can anyone tell me if alleged"defaults" from creditors can remain on my equifax file or for that matter any credit reference agency?

 

in my own case..

i have won 2 cases against me alleged to default in 2012

whilst i understand they are going to fall off the file this year...

its later in summer..

 

my query is ..

having won my cases,

does that not say the dispute was won on an alleged debt..

therefore should not be there?

Edited by dx100uk
Spacing

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But what did you 'win'?


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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i documented cases against me... here on this site...my point being.. i disputed them and won..is it not the case that the court has said to the creditors, prove your case... they could not .. and therefore... what case is there to answer? why then should it be on my file ..?

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But the. claimants didnt register the defaults...

 

Just because a claim was not successful that does not mean that the relevent defaults were not properly attributed at the time to show the way you conducted the accounts .


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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granted , but there were disputes between me and the original company prior to any debt agency intervening.. however, point taken.. i am then thinking.. i must wait until the exact date for these to fall off as they say...for example if my alleged default is 3 march 2000 i would wait until 3 march 2006? just to get an idea...

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Have to wait its 6th birthday for what?

What do you think you have to do??

Its automatic in the act already


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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i thought after 6 years the record on file would be removed... this is not the case?

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as I said yes


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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so can i ask for these to be taken off my credit file? i mean now.

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no its not the defaults 6th birthday

and you don't need to ask

as I said its auromatic


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Simply put - If you have a claim discontinued - Then you cant demand the Default be removed.

6 years from Date of Default it plays a magic trick and disappears for good :)

 

If the default is there after 6 years then yes you can ask for it to be removed... As it should disappear automatically.


 

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i trying to educate by self realisation


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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ok, thanks..this all stems from me checking an equfax record on me..

so i hope i can include this query as part of the same thread...?

 

i have seen another entry relating to a credit card account.

..it does not show a default date.

.. only a "start date" of 2011..

ok i know thats not default ..

.but i dont understand why no default.

 

.i called equfax just now, over a bad line , couldn't get much.

.. but he was saying it did not go into default..

only 2 missed payments.

 

.it does say settled... but i can not remember what i did then.

 

.apparently settled a year later, i would have thought it would have had a default date in that time..

am i missing something here?

this too can impact my credit worthiness...

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late payment do little harm

only the original creditor can default you [by sending a default notice giving a date outside of 14 days from the date on the letter]

the markings/defaults placed on your credit file are nowt to do with the CRF providers they just record the info a debt owner sends them.

no good complaining to any CRF unless you've written proof the owner did not record that info and its their mistake


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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hello,

this subject has probably been covered before, so apologies in advance if this is the case..

 

. due to my illness i can not take in too much information

 

..i recently checked my credit scores with equifax and experian.

 

.with experian my score remains the same "fair" but with equifax it reads very poor..

. anyone enlighten me about this?

can they do this ..by which i mean.. give conflicting reports..?

 

obviously a report of fair is more desirable... and i feel i am being messed about with the equifax score.. any help appreciated..

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doesn't really make any odds what 'label' they use

if you've got defaults still showing and or CCJ etc.

that's what kills credit


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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thanks...

further to this i find on my file on equifax that there are 2 halifax accounts mentioned... but not in the red,,

 

,i did once have a halifax account years ago and disputed charges with them.

.now i only have rbs.

 

.one says date satisfied 30/11/14..would that mean it was paid?

 

the other shows..only a start date. 16/11/2011 and up to date..

 

. can anyone help with this..?

it also states date updated 1/5/18 so thats very recent..

.whats going on here?

 

without defaults dates don't know how long these should be in my file.

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are they defaulted?


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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no mention of defaults, so i am baffled

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one halifax account defaulted in 2012... so due to fall away soon with others.. so this is only one i'm in the dark about... i only had one halifax account... this one says up to date... its a current account. no default or start date.. i dont see number 8... except in part of account number. where should the 8 be?

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