Jump to content


  • Tweets

  • Posts

    • Where you live (entitledto.co.uk)     i will guess you mean regarding the ctax stuff you might have seen.   thats for people that won't pay not people that can't pay...as is your situation..
    • Your client already settled one claim of an unfair contract before it reached the courts, and they know from previous correspondence that I am aware of that case. please expand upon this case you refer too.   You believe you had provided proof timeously to demonstrate your earnings were below the threshold, therefore a default notice should not have been issued on 15th October 2018 and the account should have been deferred. - have you a copy of the DN?     I believe I have complied with the requirements as set out in the relevant legislation to have had the loan deferred and subsequently written off upon my 50th birthday. - when did you reach 60yrs?   In relation to the above matter being “non-existent” or “not owed”, our client’s stance regarding these points remains as previously set out in their final response letter dated 2 September 2019, they will not be addressing these points again and you remain liable for the full balance outstanding. have you a copy please?
    • I am so pleased that you won. Sometimes you do all the hard work and the Judge picks on just one of the reasons and goes with it. As simple as that. Other times you really have to work at it especially with a Judge who is not as up to speed with differences between stopping and parking. So well done for going there and putting your case.  A well deserved outcome.  
    • Hi dx1000,   Thanks for replying. I checked out that website but when I went there all I am greeted with is just the name of the site in black letters on a white background, there is nothing else to click on. Perhaps I'm doing something wrong but do you know if it's working at the moment?   I'm assuming therefore that I will have to let the council issue their Liability Order and then arrange some type of repayment plan, is that it? The problem I have is freeing up any money to just give them £5 a month is almost impossible, but I guess I will have to try something.   I get £1250 a month. Rent for my one bedroom flat is £825 per month, then bills and food plus I am paying back around 4 other debts and advances which DWP automatically take from my Universal Credit each month leaves me with nothing.   Thanks for clarifying the enforcement powers they have, that does worry me a lot. I guess my question would be how far does it get for them to threaten me with prison as I know that's a power they have isn't it?    Thanks.   Walshy    
    • Rishi Sunak to also launch a 'flexi-job' scheme so people can work for several firms at once. View the full article
  • Our picks

    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

Credit Reference Agencies


Please note that this topic has not had any new posts for the last 5481 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

It is said that if a Bank has defaulted you, that if it was due to their imposition of penalty charges, you should ask them to remove the entry in its' entirety.

 

Can you just get the credit reference agency to remove it and take action against them as they are holding inaccurate information?

 

Regards

Just another 21 Banks to go......

Link to post
Share on other sites

It is said that if a Bank has defaulted you, that if it was due to their imposition of penalty charges, you should ask them to remove the entry in its' entirety.

 

Can you just get the credit reference agency to remove it and take action against them as they are holding inaccurate information?

 

Regards

Just another 21 Banks to go......

Link to post
Share on other sites

I wish it was that easy but they will want an instruction from the bank before they remove it.

 

On the other hand, they could be made a party to a defamation action.

Link to post
Share on other sites

I wish it was that easy but they will want an instruction from the bank before they remove it.

 

On the other hand, they could be made a party to a defamation action.

Link to post
Share on other sites

Indeed but couldn't a victory against the bank be sufficient to prove the fact that their information is incorrect regardless of the stance of the bank?

 

I was under the impression that the credit reference agencies hold factual information and as such you could prove to them that the information in their records is simply not true.

 

Regards

Just another 21 Banks to go......

Link to post
Share on other sites

Indeed but couldn't a victory against the bank be sufficient to prove the fact that their information is incorrect regardless of the stance of the bank?

 

I was under the impression that the credit reference agencies hold factual information and as such you could prove to them that the information in their records is simply not true.

 

Regards

Just another 21 Banks to go......

Link to post
Share on other sites

Get your court victory first.

Link to post
Share on other sites

Get your court victory first.

Link to post
Share on other sites

I was the victim of identity theft some years back, and had to prove that it wasn't me that had been buying things from catalogues and then failing to pay. I got there in the end, but it's not the sort of process you want to be involved in. Force the banks to remove them for you.

Regards

 

Robert Brenchley

Link to post
Share on other sites

I was the victim of identity theft some years back, and had to prove that it wasn't me that had been buying things from catalogues and then failing to pay. I got there in the end, but it's not the sort of process you want to be involved in. Force the banks to remove them for you.

Regards

 

Robert Brenchley

Link to post
Share on other sites

The general rule is that a Court can make any order it sees fit - its powers aren't limited to ordering damages.

 

It might be worth adding to complaint letters to the Bank, and to any Claim Form you submit to court, that as part of the settlement, you want them to remove Credit Reference Agency data that was caused by their wrongful charges.

 

Don't settle with them until the settlement document you sign contains a statement from them that they will do this. And if they offer you the money but refuse to take away the CRA information, keep threatening to take them to court. Eventually, either they'll relent or you'll take them to Court and ask for an order to force the bank to change the information. If the court refuses, for whatever reason, to make the order, you're no worse off!

Information/advice is given in good faith, but I cannot take any responsibility if you choose to rely on it. If in any doubt, seek advice from an insured, qualified professional.

Link to post
Share on other sites

The general rule is that a Court can make any order it sees fit - its powers aren't limited to ordering damages.

 

It might be worth adding to complaint letters to the Bank, and to any Claim Form you submit to court, that as part of the settlement, you want them to remove Credit Reference Agency data that was caused by their wrongful charges.

 

Don't settle with them until the settlement document you sign contains a statement from them that they will do this. And if they offer you the money but refuse to take away the CRA information, keep threatening to take them to court. Eventually, either they'll relent or you'll take them to Court and ask for an order to force the bank to change the information. If the court refuses, for whatever reason, to make the order, you're no worse off!

Information/advice is given in good faith, but I cannot take any responsibility if you choose to rely on it. If in any doubt, seek advice from an insured, qualified professional.

Link to post
Share on other sites
It might be worth adding to complaint letters to the Bank, and to any Claim Form you submit to court, that as part of the settlement, you want them to remove Credit Reference Agency data that was caused by their wrongful charges.

 

Don't settle with them until the settlement document you sign contains a statement from them that they will do this. And if they offer you the money but refuse to take away the CRA information, keep threatening to take them to court. Eventually, either they'll relent or you'll take them to Court and ask for an order to force the bank to change the information. If the court refuses, for whatever reason, to make the order, you're no worse off!

I agree wholeheartedly with what you say and in fact there is a post somewhere about Nationwide who agreed verbally and then refused to remove the deafult. Gte it in writing.

As far as the court ordering it - this is a bit tricky. I would agree in principle - except check a post by Diddles, I think, where the judge refsued to make the order on the basis that he did not have the power to do so and said that this was a matter for the IC. - (In fact it may have neen in the same Nationwide post and not Diddled.)

If you wanted such an order as that, you would have to draft it and make sure that the judge was persuaded that he could make such an order.

It would be useful to have a template for this ready in the Library. Any volunteers??

Link to post
Share on other sites
It might be worth adding to complaint letters to the Bank, and to any Claim Form you submit to court, that as part of the settlement, you want them to remove Credit Reference Agency data that was caused by their wrongful charges.

 

Don't settle with them until the settlement document you sign contains a statement from them that they will do this. And if they offer you the money but refuse to take away the CRA information, keep threatening to take them to court. Eventually, either they'll relent or you'll take them to Court and ask for an order to force the bank to change the information. If the court refuses, for whatever reason, to make the order, you're no worse off!

I agree wholeheartedly with what you say and in fact there is a post somewhere about Nationwide who agreed verbally and then refused to remove the deafult. Gte it in writing.

As far as the court ordering it - this is a bit tricky. I would agree in principle - except check a post by Diddles, I think, where the judge refsued to make the order on the basis that he did not have the power to do so and said that this was a matter for the IC. - (In fact it may have neen in the same Nationwide post and not Diddled.)

If you wanted such an order as that, you would have to draft it and make sure that the judge was persuaded that he could make such an order.

It would be useful to have a template for this ready in the Library. Any volunteers??

Link to post
Share on other sites
  • 13 years later...

This topic was closed on 03/05/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

Just another 21 Banks to go......

Link to post
Share on other sites

Please note that this topic has not had any new posts for the last 5481 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Guest
This topic is now closed to further replies.
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...