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    • Different statements. One has “at 59 mph overtaking on the approach” and the other “it was overtaking on the approach and in ....... at 49 mph”. So not the same statement (same ethos, different sentence structure).   perhaps they chose that site for the officer because it is an accident hotspot, and they know people do dodgy overtakes (while speeding) there .....??  
    • Hi.   I've moved your thread to the Bailiffs forum. People should be along to advise later.   HB
    • So a little update;   Of the 6 letters I sent 3 were acknowledged. One accepting £1/month for now and two from the same creditor trading under different names asking for full I&E which I haven't done.   In a moment of madness I managed to depsoit 5k to a gambling site I didn't have due to paypal's crazy policy of allowing payments which are to be collected by direct debit after a couple of days to gambling sites! Mad they allow this but this will show as a negative paypal balance (in a different account to the original "debt"). The first paypal -£5k account has been closed and passed to a DCA now. I have ignored them.   My council has appeared to have stepped up their collection efforts for £2.5k in alleged housing benefit overpayment from 2015/16. I have acknowledged their letters over the past 3 years each time by email but they rarely respond to my pleas. I truly think if there was overpayment then it was for less than half the amount they claim. At the time I didn't think I was being overpaid because I wasn't really working but I had stopped claiming JSA/ESA (and told them as much) but earned a couple of hundred pounds a month from sporadic work.   Also what I thought was a dormant debt from 2016 to Halifax has been actually sold ( to caboot? I think. Hard to keep track of everyone)   I've been getting phone calls daily but ignoring them for the most part. I did request all communication in writing in my original letters.   I feel incapable of dealing with these creditors and whilst initially I was feeling that I would be happy to just ignore all the letters (arreas, defaults and the like) and phone calls for an indefinite amount of time and  hope to make it 6 years to statute barred-ness and accept or defend any CCJ attempts that did arrive. I figured that avoiding these creditors for 3 months so far is 5% of the way there to statute barred! But I figre for these fairly sizeable amounts they probably won't all let it go and I will get some CCJ docs (never had to deal with that) However now my mood and thinking has changed.    I am looking again at insolvency. I'm over the DRO limit now so its BR or nothing. I was wondering why you said to not consider this and it would be stupid @dx100uk? Although shirking my debts/responsibilities it does seem like an "easy" way out at the moment. It would be so nice to know that what's done is done and to be able to draw a line in the sand and start again in a year or so and not have to avoid creditors or worry about what's coming next...   It certainly would help the environment what with the amount of letters that are arriving already(!) considering the first payment I missed was october/november (excluding the old halifax and council debts). I am exordinately stressed about it now even though I thought I would be already . Any advice would be great if it was to get my head out of the sand and contact people/do the ignoring thing and seeing what happens/reasons  to do or not to do bankruptcy for these unsecured debts?   Thanks      
    • Hi everybody   Had a knock on my door and was confronted by either a Bailiff or enforcement agent (not sure about the specific job title). When I opened the door he stuck his foot in so I couldn't close the door. I was video taping him so I took a few steps backward (to get him in shot) and he just fully entered the property despite me saying that I was denying him entry and he refused to leave thereafter.   Turns out that he was there to collect a court issued fine. I think from a Magistrates Court. He worked for this outfit:   www.marstonholdings.co.uk   The reason for the fine was something to do with "driving without car insurance". Now I had a cheap car a few years ago but it broke down and would cost more to fix than it was actually worth. So I sold the car for scrap and cancelled the insurance. Turns out you have to inform the DVLA when you scrap a car and them that it is no longer on the road (I was unaware). So this was the circumstances of the visit.   My question is did he have the lawful right to enter the property? I always thought these people were like vampires i.e. they can only come in if you invite them in.   tia Bear  
    • oppss again then if its the same person.   knows the road well so should know what the speeds are and where they apply..      
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D.J.F.

Reclaim Halifax Loan and Mortgage Charges

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Ok Will do that now. 

 

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if you want to scan it up use PDF 

read upload carefully.

 

it will be there.

 

dx

 


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

 

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I've checked through the account 'statement' which has all the notation codes on it, and there is no ND code at all. 

There is also no ND code or 'default' reference in the summary page. 

 

But I don't have a schedule of correspondance included in the SAR,  despite me asking for ALL information pertaining to the account.

 

Maybe I have to go back and request that?  

 

I've actually checked every page of the SAR for Default notice and the only mention is Pre default notice and notice expired charges in a 'charges' summary. But these all come under a standard notation of 72D

 

Summary.jpg

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can't believe that if you've had arrears as you say in post 1 here and lots of charges there has been no default.

your sar will be on all your dealings with them.

 

how many pages are regarding this loan..

 

dx

 

 


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

 

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I ran into trouble with my business quite early in the loan so it's been in arrears for most of it's life. 

 

I did an SAR earlier last year in which they sent out a lot of info for all agreements i'd had directly/indirectly with them, but it was all mixed up and very difficualt to pull info from it. So I requested again but just for this account. 

 

But there's no communication log with it. and yeah no mention of default. 

 

I'll have to call them tomorrow and ask where the rest of the content is.

 

Also, 

 

I've just checked experian and clearscore. 

 

Both say all accounts are 'Green' with no issues. Apart from Halifax who's report "has worsened to :6 payments in arrears" 

 

And further driven my score down. 

 

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and when was it 1, 2,3,4,5?

 


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

 

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It started in Summer. 

Roughly 6 months ago anyway. I've got screen shots of it, but the big dip was june/july and the adverse change was late a payment reported by Halifax. 

 

I appreciate the score has a few wobbles if I make a big purchase on a credit card or something, but this reduced my score by more than half, and is still holding it down because it's still being reported. 

 

I havn't complained to them about it yet because I wanted it to run 3 months to make it libelous, and also get all the other possible infractions together so I can hit them hard. 

 

I had have another loan with Nemo. They wrote to me a few years back saying they had breached the cca 1974 by not serving me NOSIA adequately and knocked 15k off the loan!. 

 

i think I have at least that, the charges and the credit reporting to attack Halifax with, plus possible capitalisation. 

 

I do appreciate any and all input on this. 

 

 

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when did it get to 6 what month? look at the calendar section.

 

when did you sar them last?

 

have you had NOSIA sent?

 

 

 


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

 

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It started in june,

1 month missed payment,

and has continued since then. 2, 3 ,4 etc. 

 

I got the BIG SAR back beginning of the year, but the one solely for this account I got back 11th November 19.

 

Default notices.

I have definitely had them on the account, because I remember them suddenly starting to turn up and wondered why.

But it was years into the agreement.

Well past the start of the troubles on the account. 

 

 

Screen Shot 2020-01-14 at 22.24.08.png

Screen Shot 2020-01-14 at 22.18.43.png

 

I have not missed a payment. 

 

But as i said earlier, I WAS guilty of not getting back to them to re-visit the agreement and give the income/expenditure to re-start it. 

 

That happened around the same time as the report so I definately think they're connected.

 

I was very busy at work 7 days a week and I appreciate I was late getting back to them.

BUT i didn't miss a payment and the results of the re-visit kept my payments the same as they had been anyway. 

 

That screen shot shows a payment required of 199 a month. I pay £361 to contribute to arrears. as agreed with them. 

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it is 6 monthly payments paid late from may

what months have 1,2,3,4,5 in them from the credit file?

 

you can't have received numerous default notices...

you mean NOSAI ...they are NOT the same thing.

 

 


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

 

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Ok so Experian shows a 'code 6' late payment every month for 7 months. Clearscore shows a timeline which dips severely june stating late payment on 1 or more accounts as the reason. Karma also shows a code 6 for the last 7 months, and when you hover over the 6 it states 'payment was upto 6 months late'

 

Default notices: ah ok I see. I've just dug out what they started sending me 2 years in. They're called 'Notice of Default sums' and details of a charge applied to the account. Notice starts with "under the CCA 1974 we are required to with this notice od default sums charged to your account"

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the 6 status means that for 6 times or more you were late paying or some other misdemeanour registered by the owner, by the month the 6 is in.

Most credit file providers themselves treat a debt as defaulted once you reach or exceed 6 misdemeanours, this explains why you score suddenly sunk.

some credit file providers use a 6 status, some use D, some use 8. 

 

the above is ONLY in ref to the markers in the calendar section. no ref nor ddefaulted date is shown in the debt summary line as the owner has not issued a DN and carried through with defaulting you under the CCA section 87/88.

 

a creditor must send a NOSIA each time they register a marker to the CRA providers.

 

 


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

 

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Ok but the text in all the cra's states late payment which hasn't happened.

And yes it dropped dramatically as soon as they reported whatever the crime was, but I din't do anything wrong. I

 

'm going to complain anyway as I didn't receive a nosia in June when they made the report. 

Indeed I've NEVER received one. 

And my score has gone from excellent to very poor 👎

 

I'll also contest these notice of default sums starting so late. 

 

Thanks for the prolonged assistance and patience......

 

I'd still love to give my SAR to an auditor to check it professionally. I'll keep searching....

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we can do that but you wont upload it.

 

 


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

 

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Upload the entire SAR?

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that appertains to this loan yes.

others do.


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

 

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Ok, I' didn't think that was an option, I'll call them tomorrow and get them to send me the comms data and get it uploaded. 

 

ta

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36 minutes ago, D.J.F. said:

Ok but the text in all the cra's states late payment which hasn't happened

well in a way you are late

you have arrears, you haven't paid them off, so in effect you are 'late' paying them off.

 

just send a new sar it's free now.

 

 


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

 

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appreciate that, but i was in the same arrears the month before it dipped while I was enjoying a max credit score.

 

I am definitely thinking it's because I was in an arrangement and was late 'checking in' with it, and the computers sent the report, but even if thats the case, the arrangement was re-instated (a month later) but still continues the bad report each month till now.  

 

Might be glitch, i appreciate that, but i want to complain about any and all indiscretions, and if there's no others or recourse then so be it. 

But i know they rely on people not looking into these agreements thoroughly or at all. 

 

I'll request a new sar 

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the devil will be in the detail that's for sure.

i'm not 100% in with the idea as yet of a complaint regarding multiple issues, which they might have done wrong, rather than a main focus on one.

but time will tell.

 

however, now that the info is clear, and you understand how things work and have worked, it looks increasingly like 'because' you were not in an arrangement, when the old one expired, they started these markers?

 

 

 

 

 


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

 

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Yeahp, Agreed. And I still believe that to be unfair. 

 

ok, maybe I will split the complaints up, for clarity......

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Hi, 

 

i've called Halifax and they say I've had "ALL the info that is available" pertinent to the loan account.

I probably could do with that in writing. 

 

In the meantime, can you advise on the difference between

'notice of default sums'

and

'notice of sums in arrears'?

 

DSAR upload will follow

 

Many Thanks 

D

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the 2nd is a letter they must send in order to do what the 1st allows them to do - charge you fees (which are unlawful anyway)

 

 


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

 

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Thank You!

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Hi, 

 

Here's anything relevant within the dsar.

There are other items which are generic and not related to the performance of the account. 

 

Cheers

D

 

Hal Dsar nov 19 0.jpg.pdf

 

 

Edited by D.J.F.

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