Jump to content


  • Tweets

  • Posts

    • I came back home on Monday and found this Claim form in my letter box. In the light of what I have explained earlier in regards to this debt claim, can anyone tell if I have any chance fighting it in th Court. SW in the last conversation request the proof of me living somewhere else, which I can't provide. They have info from the landlord of property being rented to me, I was there on electoral register, had bank account opened on this address, Driving licence had this address etc., but I wasn't living there.      Name of the Claimant -  Southern Water services   Date of issue – 12/06/2019     Particulars of Claim   The Claimant is statutory...etc The Claimant claims the sum £969 for unpaid water and or sewerage charges payable under s. 142-144 of the act and the Claimant Charges Scheme. The unpaid sum of £969 is for period 01/04/2014 - 08/07/2015. The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year  from 08/07/2015 to 11/06/2019 and also interest at the same rate up to the date of the judgment or earlier payment at daily rate of £0.21   What is the total value of the claim? £1423   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? yes Letter before Action   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred?  Yes, COA address.   Did you inform the claimant of your change of address? No Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account?    No, water charges   When did you enter into the original agreement before or after April 2007 ? Allegedly after - April 2012   Do you recall how you entered into the agreement...On line /In branch/By post ? No   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? No, no anymore   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Southern Water - original creditor   Were you aware the account had been assigned – did you receive a Notice of Assignment?   Did you receive a Default Notice from the original creditor? No.   Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No   Why did you cease payments? Never. I wasn't aware of bills.   What was the date of your last payment? Never   Was there a dispute with the original creditor that remains unresolved? Yes, creditor did not take my notice of bills being wrongly issued in my name.   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No  
    • If the case was brought before a UK civil court would UK rules apply or foreign rules?   I wonder if the original contract would strate what jurisdiction it's terms would be decided by?   I note that UK contracts frequently have a clause that says in so many words that any disputes  will be interpreted under UK law.
    • http://www.hadefpartners.com/News/333/Limitation-periods-in-the-United-Arab-Emirates   One of the key limitation periods to be aware of is the limitation period for a claim for breach of contract. We have been approached by many clients (including in-house counsel at large multinational and local companies, and even international law firms) who believe that the limitation period for a breach of contract (including a commercial contract) in the UAE is 15 years. What they are often not aware of is that the limitation period for commercial contracts (as set out in Federal Law 18 of 1993 (the “Commercial Code”)) is usually 10 years. Therefore, multi-million dollar claims dating back over more than 10 years may now be time-barred.   https://www.jstor.org/stable/3381662?seq=1#page_scan_tab_contents
    • how long did you sign up for ? if they claimed DD after that period …….
    • If this thread was started about your friend, please don't ask Q's about your dad or anyone else.   Keep this thread on track and use a new thread to discuss issues about YD, thanks.   Keeps thread simple and focused.
  • Our picks

    • Future Comms is a Big Con. How to get out of it. Read more at https://www.consumeractiongroup.co.uk/topic/417058-future-comms-is-a-big-con-how-to-get-out-of-it/
        • Like
      • 4 replies
    • Future Comms issues. Read more at https://www.consumeractiongroup.co.uk/topic/416504-future-comms-issues/
      • 5 replies
    • This is a bit of a lengthy one but I’ll summerise best as possible.
       
      THIS IS HOW THE PHONECALL WENT 
       
      I was contacted by future comms by phone, they stated that they could beat any phone contract I have , (I am a limited company but just myself that needs a business phone and I am the only worker) 
      I told future comms my deal, £110 per month with a phone and a virtual landline, they confirmed that they could beat that, £90 per month with a phone , virtual landline  they also confirmed they would pay Vodafone (previous provider) the termination fee. As I am in business, naturally I was open to making a deal. So we proceeded. 
      Future comms then revealed that the contract would be with PLAN.COM and the airtime would be provided by 02, I instantly told them that this would break the deal as I have poor 02 signal in the house where I live as my partner is on 02 and constantly complaining about bad signal
      the salesman assured me he would send a signal booster box out with the phone so I would have perfect signal.
      so far so good.....
      i then explained this is the only mobile phone I use for business and pleasure, so therefore I didn’t want any disconnection time in the slightest between the switchover from Vodafone to 02
      the salesman then confirmed that the existing phone would only be disconnected once the new phone was switched on.
      so far so good....
      • 14 replies
    • A shocking story of domestic and economic abuse compounded by @BarclaysUKHelp ‏ bank complicity – coming soon @A_Gentle_Woman. Read more at https://www.consumeractiongroup.co.uk/topic/415737-a-shocking-story-of-domestic-and-economic-abuse-compounded-by-barclaysukhelp-%E2%80%8F-bank-complicity-%E2%80%93-coming-soon-a_gentle_woman/
      • 0 replies
robbieg

Removal of default notices on credit record?

style="text-align:center;"> Please note that this topic has not had any new posts for the last 1150 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

hi, having read the article above on how to reclaim your bank and card charges

I was surprised to see that this person thinks its possible to have default notices removed from his credit rating as well! is this possible? is it worth including in my letter to the bank?

quote "The reason why you ask for default notices to be removed is if you defaulted on a charge. It's not fair that your credit record looks bad because of an unfair charge." does this guy have a case?

 

thanks for reading, rob

Share this post


Link to post
Share on other sites

Hi and Welcome

People are getting default notices removed but it depends on the circumstances of how you got the default.Please use the search facility of the site and it is important you read the FAQ's and around peoples threads it will give you a much clearer idea and will answer any questions you have.


When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

Share this post


Link to post
Share on other sites

Just to add to the above, although this is not an exhaustive reply to the question - if you were defaulted for an amount that was very close to, or less than, the amount of charges that had been imposed by that date, you would have a good case.

 

In my case, defaulted for around £700 - charges total at that time £2024

 

So I feel I have a case :D


..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

Share this post


Link to post
Share on other sites

In my case, I refused point blank to even discuss settlement unless it included removal of the default. Important to make the distinction between 'removed' and 'settled'.


Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

Share this post


Link to post
Share on other sites

I know we'll remove the default if the only balance was charges.

 

If you didn't pay before the default notice was issued and the balance was your transactions and charges, we wont remove it.

 

This is because we're bound by our credit licence to report a true and accurate picture of the way you've managed your account. If your balance included your transactions, you're obliged to pay for them. even if you're disputing part of the balance, you still have a part that you're not disputing that you have to pay for and didn't.

 

I don't know whats happening with those who've gone to court. I can only say what I've been told and that's if any part of the bal was genuine and no payments made the default is correct.

 

Also there is a hugh difference between settling a default and removing it. If you can't get the default removed because of a genuine balance and definately go for the next best option of gettingit showed as settled.

Share this post


Link to post
Share on other sites

I think the point of law that we are following is base upon the total level of charges that had already been imposed at the time the default was issued. In such a case, it would be very unlikely that you could show an account that had never been overdrawn without charges, so I don't quite follow your point above, w_fairy.

 

If an account, for example, had incurred charges totalling very close to the amount it defaulted on, and we accept that the charges are unlawful, then surely it leads to the point of view that had those charges not been imposed, the account would not have defaulted?


..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

Share this post


Link to post
Share on other sites

ok, i'll give you an example which might help.

 

Say your balance was £200 and you paid this in full but it was a few days late so a late payment charge and interest would be added (say £25). This would give you a balance of £25 (because you cleared the previous balance in full).

 

If you then didn't pay and the account eventuallt defaulted six months later for £150. We'd be able to remove the default because the balance was just charges as the £200 payment had cleared your transactions.

 

If your balance was £200 and you only paid £10 but paid it late, getting charges. you then refused to pay because of the charge you received, causing more charges and the account eventually defaults for £365. We'd be unable to remove the default because even if all the fees were refundedm you'd still have your original £200 that you've not paid for.

 

As I said before, i don't deal with those going through court claims. The amounts I deal with, the refunds still don't clear the balance. So I can't tell you what would happen to the default if the refunds cleared the balance.

  • Haha 1

Share this post


Link to post
Share on other sites

I have had my default on my Credit file removed from HSBC (credit card), as they could not supply me with a 'true and signed copy of the original default notice'.

 

Best regards


Share this post


Link to post
Share on other sites
I have had my default on my Credit file removed from HSBC (credit card), as they could not supply me with a 'true and signed copy of the original default notice'.

 

Best regards

Interesting. How much arm twisting did you have to do?

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

Share this post


Link to post
Share on other sites

No arm twisting, honest.

 

I used a template that I got off this forum, and hey presto, I recieved a letter from HSBC, stating that 'due to the age of the account, we are unable to provide copy (of) documentation as required. A request has been made today to remove this record from your credit file'.

 

I checked last week and the default has been removed from Experian & Equifax. The debt was for £1300 (roughly) and not made up of charges.

 

God honest truth it took 15 days!

 

If you want a copy of the letter I sent, I will be happy to oblige.

 

Best regards

 

David


Share this post


Link to post
Share on other sites

Wow, well done. This puts you in the category of the elite few! Would you mind zipping me the letter that you used? I'm soon to try to persuade the Mighty Egg to remove a default entry on my file. Not such an easy road ahead, I fear!

Share this post


Link to post
Share on other sites

I am with the Abbey. When my OH got made redundant and then I got made redundant too (and consequently going to employment tribunal) Abbey threatened to withdraw our Overdraft. On the promise that both our salaries got paid into the bank they would not withdraw the overdraft. However, before our salaries were paid in they wrote to us to tell us that they were taking the overdraft off us. This meant I had no choice but to put my money somewhere else otherwise we could not have eaten! I then made proposals to pay by email - was ignored. I then sent a recorded delivery letter with my proposals - which they ignored. I then telephoned them to be told that they were awaiting the outcome of my court case for reclaiming charges and they would put the account on hold for two weeks. NOW they are threatening to default me in the next week. I have managed to get a stay of execution for a month but this means me trying to find £3,000 by the end of the month - no mean feat. I feel like I am being threatened due to my claim for bank charges.

Share this post


Link to post
Share on other sites

Could you post a copy of your letter please?

 

Regards

 

Jeff

 

No arm twisting, honest.

 

I used a template that I got off this forum, and hey presto, I recieved a letter from HSBC, stating that 'due to the age of the account, we are unable to provide copy (of) documentation as required. A request has been made today to remove this record from your credit file'.

 

I checked last week and the default has been removed from Experian & Equifax. The debt was for £1300 (roughly) and not made up of charges.

 

God honest truth it took 15 days!

 

If you want a copy of the letter I sent, I will be happy to oblige.

 

Best regards

 

David

Share this post


Link to post
Share on other sites

Hello, below is a copy of the letter that I sent.

 

Best regards

 

20th June 2006

 

Dear Sir/Madam

Account number – 5434 XXXXXXXXXX

 

After recently obtaining a copy of my credit file from Equifax I was concerned to note that your company has placed a "Default" notice against an account in my name.

Further to this I have no recollection of ever receiving such a notice, and I therefore require you to substantiate this data at your earliest convenience.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account. I enclose a £1 cheque in payment of the statutory fee, Cheque number 100171.

2. You must supply me with a signed true and certified copy of the original default notice

I would request that this data is provided to me within the next 14 days, if you are unable to provide this data then I must insist that it is removed from my files as unsubstantiated.

 

Yours faithfully

 

 

 

David

 

Hope this helps.

  • Confused 1

Share this post


Link to post
Share on other sites

here is a link to a website with template letters for removing defaults

Remove Default Notices on a Credit File - We show you how


DPA Halifax Acc 1- 27th June 06

Acknowledement - 14th July 06

Request of payment from me - 21st August 06

Rang them stating paid charge for statements - 21st August o6

Told me they would be sent out next day - 21st August 06

DPA Halifax Acc 2 -29th August 06

DPA Barclays - 29th August 06

DPA Halifax Visa - 29th August06

DPA Halifax Acc 2 - received 30th August 06

DPA Barclays - received 30th August 06

Share this post


Link to post
Share on other sites

Sorry if this sounds silly but is receiving a default notice the same as being warned that if you don't pay up you may be defaulted against?

Share this post


Link to post
Share on other sites

No - the latter usually let you know the consequence of not paying, but an actual Default Notice is the legal requirement to say "it's now been done"


..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

Share this post


Link to post
Share on other sites
I have had my default on my Credit file removed from HSBC (credit card), as they could not supply me with a 'true and signed copy of the original default notice'.

 

Best regards

 

This is very encouraging. Just yesterday I sent out copies of the same template letter to HSBC for a credit card and current account. Balances cleared off years ago so with luck I'll get the same response in the same speedy manner. Then I can get a decent mortgage, it's the only negative stuff on my credit file.

Share this post


Link to post
Share on other sites

This is my first time posting, and I'm so glad to have found this thread!! I shall be following the advice, and getting my defaults removed, hopefully

 

thanks

Pam

Share this post


Link to post
Share on other sites
This is very encouraging. Just yesterday I sent out copies of the same template letter to HSBC for a credit card and current account. Balances cleared off years ago so with luck I'll get the same response in the same speedy manner. Then I can get a decent mortgage, it's the only negative stuff on my credit file.

 

Make sure you correspond with the Group Data Protection Office at Canada Square rather than custome services

Share this post


Link to post
Share on other sites

I sent mine 2 weeks ago to

 

Service Quality Team

HSBC Bank

Arlington Business Centre

Millshaw Park Lane

Leeds

LS11 0PP

 

Asked in the branch and was given this address. didn't see this thread till after I had sent it.

Share this post


Link to post
Share on other sites

subscribing

Share this post


Link to post
Share on other sites

I think a default is marked at 8 and the status history is the number of months you are behind with a payment, the lastest being in brackets. I think this is correct.

Share this post


Link to post
Share on other sites

Hi Guys!

 

I have recently claimed my unlawful bank charges and it was successful as i recieved the cheque from Natwest last week.

 

There is a default still on my credit report is there anyway i can get it off as i have accepted theyr cheque?

 

Hope so!!!!

 

Thanks

Saz xXx

Share this post


Link to post
Share on other sites
style="text-align:center;"> Please note that this topic has not had any new posts for the last 1150 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...