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    • Yes I have read to ignore anything unless it says Letter of claim  I was just updating stating what I’d received and was asked to upload it  they can keep writing 
    • Steady on, that’s almost as blunt as my response I’m just not sure the OP is going to get the answer / “nuanced response” it seems they were hoping for ……..
    • My mind is a blur so i cant recall exactly what the judge said at the end, but he mentioned that he would be making an order for Evri to make payment to me. I wasn't sure if the court order will also be provided to me, either by post or email - if anyone can shed some light please?
    • Agree with everyone here it's bang to rights. Looks like you just slightly jinked left in order to go right. Ultimately, your time saving attempt is going to cost you as I don't think you have any grounds to appeal. I'd just pay the charge and chalk it up to experience.
    • Thank you everyone!  thought to share some points from my experience in court today that may help others who are taking Evri to court: The judge sets out how the hearing will go and how each party should behave; while i was certainly feeling anxious/nervous ahead of the hearing (and I'm sure @jk2054 may have also observed this), the judge really does try to put any non-legal persons at ease; refrain from talking to the other party and instead speak to the judge if you have any questions/responses; the judge and the advocate spoke about tort of negligence - i wasn't sure how this applied to my case but the judge was questionning the advocate about this so i chose to stay out of this; the judge made reference to a historical case of Donaghue v Stevenson which established a duty of care; the judge observed that some of the points in Evri's witness statement by george wood needed cross examination but george was not present today for questionning; While i was claiming 8% interest, the judge pointed out that is the upper limit and that today, savings accounts give 4-5%. I therefore opted for 5% interest which was agreed to by the judge and the advocate; above all else, ensure you know your court bundle and have any notes to help you refer to specific sections - it helped me to structure my answers to the judge/defendant's queries, and point to specific evidence where i was asked to prove e.g., the value of the item. @honeybee13 - yes, will confirm when payment is received. I have emailed the Evri.claims email with my bank details and also provided them after the hearing to the advocate. @BankFodder message received and i am replying to it
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APS Overdraft - No payment since 04/16 No default marker on report


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Hi Guys

 

Despite my constant attempts to get APS Overdraft to

 

1. Supply me with evidence of the debt and

2. Mark it as default or in dispute

 

They are constantly updating the report with a 6 marker but no default.

 

The account shows no payment since March 2016 and hit 6 in Sept 2016.

 

The message on the credit reports states;

"agreed repayments are more than 3 months behind but you have agreed new repayments with the lender" which is total BS as I have never acknowledged the debt as it is not mine.

 

My last letter to Equifax stated;

 

Dear sirs

 

This account is a pre-paid credit card account that has been in dispute since discovery in April 2016.

 

To date there has never been any debt acknowledgement made and based on this fact, taking into consideration the I.C.O. Technical Guidance on Issuance of Default Markers & Notices, the account should not be generating recurring [6] markers but should in fact be defaulted (within 6 months of the first default (missed payment) occurring on the account) which means the record should be changed to a Default status with a default date around October/November 2016.

 

Please rectify this error as the creditor is ignorant to my repeated requests.

 

Failure to correct the incorrect data will result in a formal complaint being raised with the Information Commissioner who, as I'm sure you appreciate, take a dim view of deliberate breaches of data processing.

 

Kind Regards

xxxx

 

Credit Report Ref No : 5xxxxxxxxx

Name : xxxxxxxxxxxx

Company Name : APS - CASHPLUS

Account Number : 0000

Current Balance £ : 433

House Name or Number : xxx

Post Code : xxxx xxx

Start Date : 03032016

End Date : 31072018

 

Equifax replied (after 4 weeks)

 

Dear xxxxxxx,

 

Thanks for getting in touch on 20/05/2018 about the information on your Equifax Credit Report.

 

APS Overdraft has investigated your query and have told Equifax that the account information is correct and should remain unchanged.

 

This information is supplied by the company and we can't change it without their permission. You should get in touch with the company directly if you need more information.

 

The note that we added, stating that your information was in dispute will be removed within 24 hours.

 

==============

 

Any ideas what to do next guys as it looks as though it will be ever present on my CS

 

:-x:-x

 

Thanks guys

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but its not incorrect data and they are doing nothing wrong.

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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not your debt..so its fraudulent then?

how did it get on your credit file?

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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I take it you have read my first post? In dispute since April 2016?

 

I have also requested validation of the debt via letter on 2 occasions and have been ignored.

 

No paperwork has EVER arrived at my house, no calls nothing so yes, it appears to be THE 1ST EVER fraudulent effort to obtain a credit card and APS are not helping me to get to the bottom of this and if I know nothing about the debt, how on earth can I answer the question about how it appeared on my CR.

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its a credit card - why not send them a CCA request or an sar

have you reported the fraud to actionfraud and got a crime number.

have you spoken to the ICO and told them APS will not remove it.

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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Not a credit card - APS do a loan product that acts like an overdraft...

There would have to be some sort of CCA for this one.

 

Send them a DSAR... Get all information... Come back here - We should beable to help.

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