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    • Hi.   Could you let us have the information requested in the forum sticky please? This will help us to advise you. In the meantime don't worry too much about this.     HB  
    • So last August my girlfriend went to Legoland with the kids (4 & 8) and her mum and then went to Pizza Express in Windsor. They parked at Castle Car Park.    They paid to park and went to eat. They were then a few minutes late back. There was already an attendant issuing a ticket. The attendant then waited until my girlfriend was over ten minutes late to issue the ticket despite her being there well within any grace period.   My girlfriend appealed to Ultimate Customer Solutions end of August but did not receive a response (they later said they emailed a rejection which my girlfriend never received until it was resent). Then in August she received the first debt collection letter. Then my girlfriend was advised to respond to UCS requesting an Subject Access Request (SAR) which they have not ever acknowledged or responded to.    So then we thought they had gone away until we received a letter from CSB solicitors (same address as UCS) advising they would be beginning court proceedings against my girlfriend. I told my girlfriend to complain that they haven't responded to any of our requests so she called the number of UCS and was basically accused of being rude to the t*** at the end of the phone. She wasn't but he wasn't very helpful and said they had responded to the appeal and sent it again. This was on the 16th January 2020.    On the 29th Jan this was sent after another chase to the solicitors:   I have reported UK Parkings ltd to the ICO as they are in beach of GDPR having ignored my SAR request. Further to this I was not notified that my initial appeal had been rejected and therefore cannot further appeal in a standard way and therefore I am awaiting further advice for ways to appeal against this unfair PCN.   As it stands should you decide to further contact me in regards to this matter without good cause I shall be seeking legal advice as per my statutory rights.   My girlfriend then received another letter from UCS threatening debt collectors (I told her not to worry about this) and so she wrote to the solicitors asking for an update:   Email dated 21/02/2020 I am writing to you regarding my email sent on 29th January, below. I still have not received a response from you and I left a voicemail for a solicitor to call me from CSB Solicitors, which I have also not received. I would like to speak to a solicitor regarding this PCN.   The solicitor responded via email the following: Dear Madam,   Thank you for your email.   Following your email below, we reverted this matter back to our Client for their instructions. We will only be able to respond more fully once these are received.   At this stage we have no further instructions other than to send out a letter to you dated 16 January 2020.   We hope to be able to respond more fully once these are received.   Yours faithfully,   Solicitor   So UCS are not actually doing anything they should do but nobody we have complained to has actually come back to us so not sure where to take this because I don't have time for court and I would rather just have someone take the (insert appropriate word here) to task on these unbelievably poor practices!   Any advice on next steps?   Thanks    
    • Hi Sneezer and thanks for your Site Donation which is much needed and much appreciated.   The info from the "Solicitor" makes sense if you were complaining about how CRS came to have your contact details. However, this is not relevant to your case. You didn't cancel properly and carried on paying for a gym you didn't use.   For the future, see the Guide here about how to cancel a contract properly and avoid trouble - https://www.consumeractiongroup.co.uk/topic/383678-cancelling-your-gym-agreement-get-it-right/     Come back anytime to update us but don't worry about CRS or anyone else who makes demands. Let us know if you need more for advice and reassurance.    
    • They were communicating with lawyers associated to me too   They can’t serve a SD on your lawyers, only you.   As I said earlier - the lawyer stopped communicating  around the date on the SD they incorrectly served.  And the bank told me the receiver was now handling things and not to deal with them anymore.   The receiver never asked me where I was.  But he did email and I did reply or he did get auto reply.   Since I did have email communication with them - I don't think they could say they did everything possible to find me,  All they had to do was ask!  And then we could have discussed the situation.    It almost is the reverse - they did nothing to try find me.  And if a PI is employed to do surveillance then he must have realised only one person - the wrong one - lived at the  wrong address.   Does anyone have any info re post #26 and #28 above?   The property is being marketed for sale and the receiver is negotiating offers, so there was no reason for me to expect bank/ lawyers to be trying to locate me to serve any papers.      Surely any loss to them has to be proven upon an agreed sale.  It hasn't sold yet,   They may still get a high enough offer to prevent any large debt?  There could then be a different discussion re terms of repayment?   So I was not expecting anyone to be trying to find me!   But this is a bit of a digression from what  should I be doing NOW? Should I send them an SAR?  If they do intend to serve me correctly this would be useful, yes?   I am sure they have added all sorts of unnecessary costs to the debt that could be challenged?   Also there is a question over if they even had a valid notice of assignment?  They would have to produce that in the SAR wouldn't they?   This was a real query for me ages ago but it never got pursued legally.
    • Expect them to bring up every communication and claim that you’ve been dodging them / not providing them with an address to serve to.......
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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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