Jump to content


  • Tweets

  • Posts

    • Points to emphasise with the court: There is no problem about money. The entire issue is about the quality of the work which has been carried out. The shabby workmanship has been confirmed by an independent survey for which you have paid £355. The survey report has been provided to the builders and yet they have so far ignored it and declined to comment. There were four contracts in all. Two of them were completed to a satisfactory standard and the price of those contracts was paid without any difficulty. The dispute relates simply to two remaining contracts which are the subject of the independent report. From the outset of this dispute instead of trying to hold a dialogue her adopted a barracking and bullying approach – the same approach which is being used by their debt collection agency. You have received threats that they will trespass onto your property and remove your driveway. They are completely aware that there is a legitimate dispute and in fact one of the directors admitted that the work was not up to standard. You have embarked on the pre-action protocol as a prelude to legal action. Legal action in respect of one of the contract has now been issued. You are still hoping that the builders will deal with the matter without the need to take the litigation into the court room. The building company have attempted to avoid the independent scrutiny and transparency of the court process. The proper procedure for addressing this dispute would have been to start a legal action against you. The building company have decided not to use a transparent process and have the evidence weighed by a judge. The building company has preferred to shortcut the process and to use the strong-arm tactic of trying to have you declared bankrupt. This is clearly an abuse of the process. If there were serious questions about your intention to avoid payment, it would have been open for the building company to issue proceedings and eventually to have required that you would pay the disputed some into court. You would have complied with such an order without any difficulty – but they have chosen not to litigate. Now that litigation is underway, you believe that the best course of action is to allow the litigation to take its course and for the building company either to come to the table or else for the matter to be decided by a court after having weighed all the evidence. I'm going to say that if you had been more responsive in the way that you had been dealing with this so far – and as we have been encouraging you to do throughout this process, we would be well advanced by now and there wouldn't be this furious last moment dash to prevent a bankruptcy procedure. I hope that in view of what is happening you will now re-prioritise this matter.   I don't know what your temperament is like but when the hearing starts, you must remain very level in your approach and your tone of voice. Simply make your points. Listen very carefully to what is being said to you. While the judge is speaking, you should make notes so that you don't forget to refer to a particular point if something important is said. In the heat of the moment and in the stress, it is very easy to hear the judge say something to which you want to respond and then as the judge continues, you forget to say it. Once again, I expect that @Andyorch will be along at some point although he may be away for the weekend.  
    • How the European papers see Britain's problems, from the Independent.   European newspapers blame Brexit for UK supply chain crisis WWW.INDEPENDENT.CO.UK Continent’s press liken situation to 1970s Winter of Discontent and ‘boycotted Cuba’  
    • hey your doing fine, stop sweating, it's really no big deal, you need to understand you are what is classed as 'a litigant in person' - meaning joe public against what can be seen as a somewhat daunting judicial system, that is too your advantage.   IMHO thats just a reprint of your defence, it might be better to structure around something like this, whos basis is around the WS in the thread i pointed too.         WITNESS STATEMENT OF DEFENDANT XXXXXXXXXXXX CLAIM NO. XXXXXXXX                                                                                                                                   Defendant: XXXXXXX                                                                                                                               Date XX/XXX2019 IN THE COUNTY COURT AT                                                                               CLAIM NO:XXXXXXX XXXXXXXXXXXXXXXXXXXXXX     BETWEEN     XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX      CLAIMANT     AND XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX     DEFENDANT    1. It is my understanding that the claimant is an Assignee, a buyer of defunct disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed ...10p to 15p in the £1 and which the original creditors have already written off as a capital loss and claimed against taxable income. Idem Capital securities issue claims to circumvent and claim the full amount of debt to maximise profit.    2. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.   I accept I have in the past had financial dealings with {insert original creditor name]. That being a Loan Agreement . I do not recall the precise details of the agreement but do recall it was on or about the year xxxx.   After seeking advice this led me to check all paperwork I held with creditors, from this I could not find any Credit Agreement relating to the account the claimant is referring to.   I have therefore sought clarification and requested copies of the agreements from the claimant by way of a section 77 request    exhibits   (DOC 1) A CPR 31.14 request pursuant to sec 61 B of the CCA1974 was sent xx/xx/xxxx via Royal Mail signed for and shows as received xx/xx/xxxx. Request for the following :   1.a copy of the default notice served under section 87 of the consumer credit act 3. Notice of assignment 4. A statement of account   (DOC 1A) To date NO default notice been produced.    (DOC 2) A Section 77 request was sent on xx/xx/xxxx via royal mail signed for and shows as received xx/xx/xxx. The claimant to date has failed to comply to my Section 77 request.   the defendant has failed to produce a copy of the Default notice issued by the original creditor,  as far as I can recall any breach with the original creditor would have been on or around xxxx.   The claimant as an assignee would not be able to legally issue a Default Notice as the debt would have already been terminated before assignment.   (DOC 3) I sort clarity of any Default Notice by the way of a CPR 31.14 request, sent via Royal mail signed for on xx/xx/xxxx and shows as received signed for xx/xx/xxxx   The claimant has still yet to comply to my CPR 31.14 request with regard to clarity of any valid default notice issued, as yet I have never received an original or seen a copy of a valid default notice from the defendant.   Conclusion   I contest that the documents I have received do not meet the requirements and prescribed terms of a legal binding credit agreement, and that the claimant has acknowledged that they are unable to produce an agreement and are unable to enforce litigation action.     I also state NO VALID Default has been produced from the claimant.   I believe that the that the facts stated in the witness state are true   ..................   have you received the claimants witness statement yet...   the above is just musings...    
    • A shortage of drivers has disrupted supply chains and fuel deliveries, with vehicles queuing for petrol.View the full article
    • Hannah Peel wore a sustainable dress to the Mercury Awards - but is the fashion industry changing?View the full article
  • Recommended Topics

  • Our picks

  • Recommended Topics

Checkmyfile value for money?


asf1
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5216 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Long post but may be of interest to some on this forum...

I subscribed to the 3 CRA report service from checkmyfile for £14.95 per month. The reports they posted online for me were far from expected.

 

Experian: Shows clear, no public info and no credit accounts

Equifax: Shows one satisfied CCJ and one default

Callcredit: Shows one active CCJ and two defaults (one of them is the same as above with different details.

 

I ACTUALLY have a satisfied CCJ and two current defaults.

I therefore believe using this service is not giving consumers in my postion an accurate view of their credit status. Anyone else had similar issues with checkmyfile?

 

I challenged them and their response is below:

Hi

 

A statutory credit file from a credit agency is not the same as the service we provide. Since we first brought online credit reports to UK consumers over 5 years ago, we have developed our services in response to our customer’s needs.

 

With our services, you pay for speed of delivery, content and the benefit of unbiased and independent advice. You can get your statutory credit file printout from any credit reference agency for £2, but this is sent to you by mail, usually at the limit of the 7 day statutory period, and the advice given by the agencies is limited to that required to be communicated to you by law. When you have a problem with your credit file, you generally want to find out what the issue is a bit quicker than that, and you need full advice, not simply a reminder of your legal rights.

 

We also supply things that aren`t on the statutory printout, and which you couldn`t get even if you paid the full £10 Data Protection Act fee to the agencies. Credit scores, credit ratings, and neighbourhood information are all aspects that we supply with our online reports and are not found in a statutory report.

 

Similarly we also advise you of the impact other people have on your credit rating, if any, so that if you are offered the choice by lenders of being considered only on your own merits, you can make a more informed decision. We also tell you about all accesses to your credit file by other people, not just some of them.

 

You can also talk to us about your report using our freephone number on the website – we don’t have phone queues or use premium rate numbers, and all of the staff who answer your queries are experienced graduates. If you do find that you need to do something technical, like lodging a notice of dispute, or a notice of disassociation to remove someone from your file, we’ll do it for you to save time.

 

On some reports we also recommend lenders who are most likely to extend credit to you and also let you know if we see anything important that’s missing from your file.

 

So, in summary, we provide a service to help consumers understand exactly what a lender sees, whereas the £2 option simply provides the basic, minimum of amount of information that is required under statute to be provided.

 

We have today cancelled your subscription, however it will run until the end of the quarter.

 

Once again, I`m sorry you feel so dissatisfied.

 

Regards

 

checkmyfile.com

 

My response:

I can get "immediate" access to each of my credit files from the 3 CRAs themselves, which again will give me total access to my credit file showing the information I require to make decisions regarding my credit status.

 

I can also get a "credit score" from credit expert for a small fee should I wish.

 

I can get free, accurate neighbourhood info from upmystreet.com.

 

Re: lenders, I can run a "google" search on adverse credit lending free of charge.

 

My argument therefore remains, pay YOU more for LESS information, I will learn from this mistake and read the t's & c's a little more carefully the next time I'm tempted to sign up for some misinformation.

 

This debate will be posted on the Consumer Action Group forum in due course. I'll fwd the responses to your customer service dept. I'm sure there will be many comments for their perusal.

 

Thanks for nothing.

Link to post
Share on other sites

What's the problem? You asked them for the information held at all 3 CRAs, and you got it. There would only be an issue if the information they gave you didn't match that which was on file. Just because you believe something is on file, doesn't necessarily mean it is on file, let alone on file with all 3 CRAs.

HSBCLloyds TSBcontractual interestNew Tax Creditscoming for you?NTL/Virgin Media

 

Never give in ... Never yield to force; never yield to the apparently overwhelming might of the enemy. Churchill, 1941

Link to post
Share on other sites

What's the problem? You asked them for the information held at all 3 CRAs, and you got it. There would only be an issue if the information they gave you didn't match that which was on file. Just because you believe something is on file, doesn't necessarily mean it is on file, let alone on file with all 3 CRAs.

 

Sorry you misunderstand. I already had an Experian paper report and it stated the CCJ and defaults correctly. The checkmyfile report didn't highlight this, and showed my Exp file as "clear". I've since got my callcredit report and it also shows the Sat CCJ and default, again this does not match the checkmyfile record which had the CCJ as active. My gripe is I paid checkmyfile to report accurate info and got nothing of the sort. I've since realised that the Stat reports are the best way to see data held by the CRAs, not to pay more money to CMF for less information.

Link to post
Share on other sites

Sorry you misunderstand. I already had an Experian paper report and it stated the CCJ and defaults correctly.

 

Then you do have a problem. You could concevably get your money back from them if you have invested more than one month with them.

HSBCLloyds TSBcontractual interestNew Tax Creditscoming for you?NTL/Virgin Media

 

Never give in ... Never yield to force; never yield to the apparently overwhelming might of the enemy. Churchill, 1941

Link to post
Share on other sites

They are still adamant that they provide a good service:

 

Thanks again for your reply.

 

 

You purchased a quarterly subscription service from us, rather than single reports, for £14.95. Even a single report with credit score from Equifax would cost this, and a single report from Callcredit not far behind, at £14.85. Our subscription service also shows you, uniquely, the three different types of report that are sold by the agencies - the comparatively sparse public credit report, which is based on Experian data, the exact copy of what large lenders actually see, which is based on Equifax data, and the most depthy report of all, showing payment history of up to 10 years with monthly balance and account history, which is based on Callcredit data. Only by seeing the differences in the underlying data is it possible to understand the differences in how you are portrayed. We also provide you with the ability to compare the results in the same format, and using the same, commercial grade scorecard. You can`t purchase this anywhere else. You could purchase parts of the service direct from each of the agencies, but this would cost you considerably more. It`s difficult to follow your argument that you pay us more for less, when the reverse is true.

 

 

The level of detail offered in all our reports is visible throughout the website, the link below is to the pre-sales page of the product you purchased.

 

 

equals MON

 

This page highlights that the Experian information is based on your public credit file and there is also a comparison table here which shows clearly what is, and what isn`t included. We invite you to call if you are still unsure.

 

 

There is also a link on this page to the sample report, which also shows what we offer (
https://www.checkmyfile.com/report.asp
).

 

 

Once again, we are sorry that you are so unhappy, it is certainly not our intention. We try our utmost to ensure our service is transparent to you before you buy. We have provided the service as promised, and will continue to do so until the quarter you`ve paid for expires.

 

 

I welcome any further comments, so please don`t hesitate to get in touch.

 

 

Regards

 

 

checkmyfile.com

Link to post
Share on other sites

  • 2 weeks later...

Sounds like they gave you a good deal, i used them before no probs. Now i use just experian, i email them problems and they sort them free of charged. To get a credit ccore costs 5.99 though, too much i think. Still for what checkmyfile do id say its excellent value for money.

 

Im using experian but requested my £2 statutory copy from equifax as they tend to hold slightly different information. Equifax are also expensive, no idea why.

Link to post
Share on other sites

Still for what checkmyfile do id say its excellent value for money.

 

What do they do? According to them my Experian file was clear, and the other two were also incorrect. They admit in the small print that the Exp report is public record info; in any terms useless when used to determine one's own credit status. My advice is spend the £2!

Link to post
Share on other sites

I agree, i cant remember exactly what info they gave, i think they give brief views of credit reports along with a comparison some advice and a credit score? This is also a quarterly charge? thus is less than the others charge. They just give you what is needed, not sure why a experian report would show as clear when you have ccj's and defaults tho, never heard of that one!

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...