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    • ps i doubt the PCN says macdonalds?? MET dont operate a reverse trespass car park for mc'd's parkers going to starbucks...(occupants left vehicle claim) they only do that for the starbucks part  i bet you parked in the starbuck side and walked to MCd's? dx    
    • it is NOT A FINE.....this is an extremely important point to understand no-one bar a magistrate in a magistrates criminal court can ever fine anyone for anything. Private Parking Tickets (speculative invoices) are NOT a criminal matter, merely a speculative contractual Civil matter hence they can only try a speculative monetary claim via the civil county court system (which is no more a legal powers matter than what any member of Joe Public can do). Until/unless they do raise a county court claim a CCJ and win, there are not ANY enforcement powers they can undertake other than using a DCA, whom are legally powerless and are not BAILIFFS. Penalty Charge Notices issued by local authorities etc were decriminalised years ago - meaning they no longer can progress a claim to the magistrates court to enforce, but go directly to legal enforcement via a real BAILIFF themselves. 10'000 of people waste £m's paying private parking companies because they think they are FINES...and the media do not help either. the more people read the above the less income this shark industry get. where your post said fine it now says charge .............. please fill out the Q&A ASAP. dx  
    • Well done on reading the other threads. If ECP haven't got the guts to do court then there is no reason to pay them. From other threads there is a 35-minute free stay after which you need to pay, with the signs hidden where no-one will read them.  Which probably explains why ECP threaten this & threaten that, but in the end daren't do court. As for your employer - well you can out yourself as the driver to ECP so the hamster bedding will arrive at yours.  Get your employer to do that using the e-mail address under Appeals and Transfer Of Liability.  
    • good you are getting there. Lloyds/TSb...i certainly would not be risking possible off-setting going on if a choice were there, but in all honestly thats obv too late now..., however..you might not never be in that situation so dont worry too much. regardless to being defaulted or not, if any debt that is not paid/used in 6yrs it becomes statute barred. you need to understand a couple of things like 'default' and 'default notice' a default is simply a recorded D in the calendar section/history of a debt, it does not really mean anything. might slightly hit your rating. the important thing here is a default notice , these are issued by the original creditor (OC) under the consumer credit act, it gives you 14 days to settle whatever they are asking, if you don't then they have the option to register a defaulted date on your credit file. that can make getting other credit more difficult. and hits your rating. once that happens, not matter what you do after that, paying it or not or not paid off or not, the whole account vanishes from your credit file on the DN's 6th b'day. though that might not necessarily mean the debt is not still owed - thats down to the SB date above. an OC very rarely does court and only the OWNER of a debt can instigate any court action (Attempted a CCJ) DCA's debt collection agencies - DCA's are NOT BAILIFFS they have ZERO legal powers on ANY debt - no matter what it's TYPE. an OC make pass a debt to a dca as their client to try and spoof people into paying through legal ignorance of the above statement. an OC may SELL on an old debt to a DCA/debt buyer (approx 10p=£1) and then claim their losses through tax write off and their business insurance, wiping their hands of the debt. the DCA then becomes the debt OWNER. since the late 70's dca's pull all kinds of 'stunts' through threat-o-grams to spoof a debtor into paying them the full value of the debt, when they bought if for a discounted sum (typically 10p=£1). you never pay a dca a penny! if read carefully, NONE of their letters nor those of any other 'trading names' they spoof themselves under making it seem it's going up some kind of legitimate legal 'chain' say WILL anything....just carefully worded letters with all kinds of threats of what could/might/poss happen with other such words as instruct forward pass... well my dog does not sit when instructed too...so... DCA's SOMETIMES will issue a court claim, but in all honesty its simply a speculative claim hoping mugs wet themselves and cough up...oh im going to court... BIG DEAL DCA - show me the enforceable paperwork signed by me...9/10 they dont have it and if your defence is conducted properly, most run away from you . however before they do all that they now have to send a letter of claim, cause the courts got fed up with them issuing +750'000PA speculative claims and jamming up the legal system. so bottom line is two conclusions.... if you cant pay a debt, get a DN issued ASAP (stop paying it!) make sure it gets registered on your file then it stops hurting your file/future credit in 6yrs regardless to what happens (bar of course a later DCA CCJ - fat chance mind!)  once you've a registered DN , then look into restarting payments if the debt is still owed by the OC, if SOLD to a DCA, don't pay - see if they issue a letter of claim (then comeback here!).        
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Information Held By Credit Reference Agencies - Next Directory


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Not sure if I am posting in the right forum here but heregoes. I have recently checked my credit file and noticed some wrong information. Basically I had an account with Next and was defaulted in May 2005, managed to pay a full and final settlement 6 weeks later to DCA and thought no more about it. Anyway after seeing credit file Next have not updated the file since may 2005 and states there is the original balance outstanding, no mention of any payment by me whatsoever. This has been on here for almost a year now giving out wrong information and never being updated. Am going to try and get default removed. Any ideas.

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Guest Battleaxe

I wrote to the relevant CRA's, and explained the situation, they in turn got in touch with the supposed creditor, took a couple of weeks, badda bing, baddaboom, information updated and correction made. The entry actually disappeared.

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thanks Battleaxe, have spoken to CRA and they have confirmed this also but as posted above they had issued a default against me so want to try and clear this as well, so am thinking of right action to take. Will start with letter asking for CCA, by the looks of things though no-one has received one from Next.

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I sent Next a S10 DPA 1998 letter stating that they do not have my consent to give my details out to third parties may be worth your time sending one to them recorded delivery. That way if they do discuss your information with third parties after that then they will have some explaining to do.

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Thanks for that, is the S10 DPA letter in templates, if not where can I access it, not that familiar with all this, only bank charge claims :D

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- just subscribing!! good luck

If I have been of any help to you please be kind enough to click on my scales! Thank you

 

:D Halifax Bank...December 2006 ..... WON! 1 week after N1 filed.

:eek: Lloyds TSB....... April 2007 Lloyds TSB.....WON, 1 day before prelim. court date, still went before judge.

:p Nationwide.........April 2007 Nationwide.......WON, 3 weeks after N1 filed.

:rolleyes: Nat West....June 2007 (on behalf of friend) Settled after LBA and before filing.

:smile:HSBC - full settlement ...on behalf of my son...

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Am considering sending letter to Next from Surlybonds default removal template and just taking out the bits that do not apply. Have been doing alot of reading since I started this thread and it occurs to me as they have not updated my credit file since I made my full and final payment (no record of my payment on credit file) almost a year ago that perhaps now that this contract is terminated hopefully the permission to disclose has died with it, in which case I am hoping that the legal right to hold default on file is no longer there (being historic data).

 

Any comments welcome.

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Ok, have been busy this evening. Will be sending tomorrow to Next - CCA letter, Surlybonds default letter (amended to suit) and Statutory notice S.10 & 12. Am also sending letters to all 3 CRA's. Will post updates when I get replies.

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All above sent - have also read that according to the Fourth Data Protection Principle it requires 'personal data is accurate and where necessary kept up to date' which it has not. It has been 11 months since default and that is the last time they put an entry on my file, they have never updated it to show payment 7 weeks after default (full and final settlement) - can they have it both ways, comments welcome please.

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Hi Doo,

 

Now subscribing to your thread....

 

Yes all accounts you hold should keep your credit information accurate and up to date just as you should when you apply for such credit.

 

If the account is settled your credit file should show this. If it does not then Next have seriously gone against all rules, regs and your rights!

 

I take it the letter you've written to all three CRA's explains this? They do all often say that if information is inaccurate on your file they attempt to address the creditor themselves.

 

Hope this helps?

 

Smel :cool:

HSBC *WON* Total £3500

Capital One *WON* Total £385 plus removal of default

Next Disputing Default Notice - CRA's were very unhelpful, am going to make a complaint to OFT/FSA and considering court action following this.

For the Husband:

NatWest Current Account *WON* Total £3500 plus removal of default

Yes Car Credit PPI Posting SAR and first letter this week...

Next up...

HFC Loan - PPI

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Smel, thanks for subscribing.

 

Agree with you on your thread, will advise CRAs that Next have no signed CCAs - lets see where that gets us. Am happy at the moment that Next have not updated my credit file as I am hoping it will work in my favour - we shall see.

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The action I have taken so far:

 

1 CCA request (they have just wrote back to confirm they do not hold a signed credit agreement - no surprises there then). They also go on to say that a default entry will be made on my credit file - well I think they need to look at my file coz they have already done this.

 

2 Sent 'surlys' template letter in the stickys, changed to suit - 5 page letter so lots in there, in short am awaiting copy of my T&Cs and default notice. Rang Next today and this letter is in the hands of the legal department who say I should have a reply within 28 days.

 

3 Sent Statutory Notice s.10 & s.12. Well they have completely ignored this, whereas my credit file has never been updated since May 06 and has shown no payment made to this account (paid full and final beginning of July 06) they have now decided 11 months later to go and update my credit file.

 

Will update when I get more information back from them.

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  • 2 weeks later...

Have not had time yet to properly digest the 3 page reply next have sent me (due to other claims) however, in short they have completely ignored my stat notice s.10 & s12, they have decided after 11 months of leaving the wrong information on my file that they would now issue the information that the account is paid. Also they have sent me a copy of my default notice (never received) it has COPY stamped on the top, is dated April 2006 and is addressed to me, part of my address, no county and a SE something postcode, have not got a clue where this is but certainly not near me (does anyone know). Will now write to OFT as srmjmm10 has posted some positives on doing this, all this info will now be sent onto the Information Commissioners Office. If anyone has any comments please let me know. Will also write with all this info to the 3 CRAs.

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  • 4 weeks later...

Responded to the letter Next sent me a couple of weeks ago but as yet is still showing it has not been signed for by Royal Mail track and trace, will re-send just to make sure they do get it as I want a reply. Also have CRA tackling it from their end, Experian have contacted Next and have put a notice of correction on my file, not sure how much success this will have though.

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Thanks for that, must admit I have a funny feeling that they have got it but like you say have not signed for it. May give them a ring if I haven't had a reply by the end of the week.

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  • 2 weeks later...

OK, have now spoken to Next and it seems they could not locate my letter so have now e-mailed it to them. Also they have sent me a 'reproduced' copy of my default notice and as already mentioned it has the wrong postcode, now they have confirmed to me they do not keep original notices but they send out reproduced copies to show you what you would have received - so no true copy - I was also told that the postcode error was a typo - the fight continues.

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