Jump to content


  • Tweets

  • Posts

    • I haven't heard of them asking for photographic evidence in this way before – but I don't think it will really pose a problem. Have you got a history of sending parcels which were then lost and you had to claim for? When you send your letter of claim? Was the item properly declared? Was the item correctly valued? Please answer these questions and then take at least a couple of days reading very thoroughly the stories on this sub- forum. There are lots of them. Read some of the pinned topics at the top which will explain the principles and then read the stories to see other people's experience. Post up your letter of claim in PDF format so we can see what you sent.  
    • Just to clarify - it was the lender who undertook works, not me.  They racked up huge huge sums in refurb costs - which were completely unnecessary.  They have been trying to charge all the costs to me.  Of course, I refuse to be held accountable - in my defence and counterclaim.   (I refuse to  be held liable for these works costs whether vat was or wasn't added - I maintain its the lender that must cover the costs).  It was a ridiculous sum of money and made no difference to their ability to sell either.  As its still unsold.    I can see - from disclosure paperwork - that the lender ceo uses this contractor all the time on other properties - for himself and for the bank.  The payer may not be responsible for the contractor's failure to add vat - but the ceo can clearly see it's not being charged - and again and again on all his jobs.  So he is complicit even if not guilty of the actual fraud.    I admit I'm angry with them. The sheer injustice and arrogance (that they could/ can do whatever they want and get away with it - has been astounding.  It's why I have fought so hard to get justice.  This particular issue is just another niggle.  They think they are above the law; can circumvent it - with no consequences / repercussions.    Thank you dx for pointing me to the link. I will now follow that up
    • I have posted the letter off today - sent recorded delivery, so should get to the Police early next week. I also walked along the street where this happened and checked if there were any CCTV cameras or video door bells in that section of the road, but could only find one. I talked to the owners of the house with the camera but they say it is set to only cover the area leading up to the house and not really the pavement or road and footage also auto deletes after 72 hours, so anything captured would be gone now. That was disappointing. I walked along the road a bit more, but couldn't see any other video door bells or CCTV, so that didn't help.  I always thought most people have at least a video door bell these days but not in that road... 😐 So came home a bit disappointed.  If anything else happens I will post an update here, but may not be for a week or so. Not sure how long this will take now.
    • Hi all.   I've just cancelled my Virgin Media because my Wife and I are going abroad for 12 months or so. My Son will be staying in our home, and wishes to start a contract with them. He signed up to a great deal for New Customers online, and a Contract Agreement was signed online. He had a delivery date for a Self Installation Kit but it never arrived. After speaking to numerous Virgin Media Staff online, they are insisting that he calls their Pre Installation Team (I presume that is their sales Team to try and get more money). He doesn't want to speak to them over the phone. He doesn't mind doing a Live Chat, but he hasn't got an Account Number yet, so that's impossible. He even had a chat with a Team Member on Whatsapp, who say they don't have access to the information they need, so he has no option but to call them. Why can't they just be straightforward with their Communications? Is there any other option other than calling them?   TIA.
    • Hi All, I'm looking for help with a P2G claim for another lost parcel. Given the wealth of information on this site, I'm hopeful that this should be an easy one to fix, but want to be sure I have everything. On the 6th March, I contracted with P2G to send a parcel (a £600 Pioneer AVH-Z7200DAB car stereo which is not on either P2G or EVRi's excluded from compensation or prohibited items list) using EVRi, sent it off, and that was the last I heard of it. The EVRi tracking showed that the parcel had made it to the national sorting hub at 2:12 on the 7th, and then vanished. By Friday, I had started to get nervous, and so, raised an enquiry. And then another, and another - well, they weren't responding, and I couldn't get their telephone one to work, I think in all, it was more than 15 enquiries. I also raised an investigation with P2G as well. EVRi closed the enquiry confirming a loss on the 19th March, and P2G near the end, although P2G closed it claiming that I needed to send photos of the parcel as proof - which I didn't have, and I also do not have an account with P2G so couldn't upload anything (I did test, just in case), and this is why despite receiving advice on the EVRi Fb group to send the letter before claim, I haven't yet acted. I have proof of the eBay listing, and the refund, to demonstrate that which was being sent, but P2G's insistence that I have no photographic proof of the parcel with the label - I have the photo of the goods in their box before sending, but this is for the eBay listing, and so does not show it after the fact. This I fear is what P2G will seek to rely on as a defence, hence my 10 week delay on progressing with this. But, I am more than £600 out of pocket for the loss: £600 for the item and £8.04 for the delivery fee, although my claim will actually be for an initial £611.09 to cover the cost of the loss, their delivery fee, and my 1st Class Recorded stamp for the Letter Before Claim to P2G, rising to £681.09 to cover the additional £70 cost of opening the court case if they fail to respond within 14 days. This question mark surrounding P2G's request for photographic evidence, is this likely to cause me a problem? Steve
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
        • Thanks
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

Default Removal - A Good Method


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6061 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

Instead of going back and forth like i have done in the past 8 months.

 

I have successfully had 3 removed

 

1 from Welcome finance

 

2 from debt agencies

 

JUst received my court date for Barclays

 

Seems to me the quickest method is to take them to court. Oviously providing you think your in the right. Put your POC s togeather and pay your 30 quid and wait. Chances are it it will be thrown out or they wont turn up. Surley it costs too much to send a barrister or solicitor to court over a silly default.

 

Plus if we inundate the banks etc with these cases they couldnt possibly cope with us all.

 

Same tactic as the bank charges but with defaults.

 

I am of the opinion that even when "removed" there is still a record on your credit file becuase i have a excellent credit record now apart from one 3 yr old default which is settled and i am still having trouble getting credit

Link to post
Share on other sites

Can you tell me about welcome?

 

Had you paid the debt? On what grounds did you request the default be removed (no default notice sent etc)?

 

What about the other 2?

 

 

Thanks!

Completed:

RBOS Charges - £2435 settled in full :)

RBOS Default Removal - Removed :)

Carphone Warehouse Default Removal - Removed :)

Welcome Finance Default Removal - Removed :)

Viking Direct CCJ - Removed :)

Littlewoods Default - Removed :-o

 

Ongoing:

N Hunter SAR

Link to post
Share on other sites

I would be grateful, as I am sure others would, if you could post your POC on here as well the process you went through from the start, as well as responses recieved.

 

On your Welcome thread you state that the default was removed from a CCA request.

 

Which is right, so as not to confuse people.

 

PKea

Link to post
Share on other sites

I am of the opinion that even when "removed" there is still a record on your credit file becuase i have a excellent credit record now apart from one 3 yr old default which is settled and i am still having trouble getting credit

 

A settled default is just as bad as a default in the eyes of a creditor, even if it is 3 years old. Get that removed then you'll be laughing

 

skb

Victory over Lloyds £890

Click!

Victory over Vodafone: default removal

click!

Victory over Lloyds PPI claim £2606 click!

Barclaycard lazygoing - £580 + £398 contractual int at 17.7 % click! (Received partial payment £110 21/11/06)

The GF's battle against RBS click! stayed awaiting the end of the world

Link to post
Share on other sites

I'm not sure if this will work, even though it has for you in these cases. The Courts won't look lightly on claims started without trying to sort these issues out yourself informally.

 

There's a few ways you can do this, so exhaust those first before going down the Court route.

 

Good on you for going against the grain though, and winning! ;)

 

Link to post
Share on other sites

Yes the Wlecome default was removed as they could not produce the original agreement, well they failed to produce anything. If your loan was going back a few years i would imagine you stand a very goof chance of getting it removed. I will post the name and addresss of the lady your best writing to, she was very pleasent and there was no hasstle once my complaint was passed to her. It took around 9 weeks start to finish.

 

I would not advise going to court before contacting the company first, but do not waste your time with letters back and forth quoteing law etc...

 

If they say no just issue your N1 or Moneyclaim online.

 

I will post the Barclays POC later, i am in the middle of re vamping them with hinsight i would of definetly used an N1 instaead of moneyclaim as you can get more info on there.

 

If i get the time ill post all my letters etc.. from Barclays and Welcome so you can see the kind of response you ll get

Link to post
Share on other sites

Very helpful mate, thanks.

Completed:

RBOS Charges - £2435 settled in full :)

RBOS Default Removal - Removed :)

Carphone Warehouse Default Removal - Removed :)

Welcome Finance Default Removal - Removed :)

Viking Direct CCJ - Removed :)

Littlewoods Default - Removed :-o

 

Ongoing:

N Hunter SAR

Link to post
Share on other sites

  • 3 weeks later...
Yes the Wlecome default was removed as they could not produce the original agreement, well they failed to produce anything. If your loan was going back a few years i would imagine you stand a very goof chance of getting it removed. I will post the name and addresss of the lady your best writing to, she was very pleasent and there was no hasstle once my complaint was passed to her. It took around 9 weeks start to finish.

 

I would not advise going to court before contacting the company first, but do not waste your time with letters back and forth quoteing law etc...

 

If they say no just issue your N1 or Moneyclaim online.

 

I will post the Barclays POC later, i am in the middle of re vamping them with hinsight i would of definetly used an N1 instaead of moneyclaim as you can get more info on there.

 

If i get the time ill post all my letters etc.. from Barclays and Welcome so you can see the kind of response you ll get

 

Thanks for this useful thread. Am just about to take Capital Bank to court as they haven't replied to my request for default removal.

Did you include any damages at all in your claim or was it purely for removal of default? Any chance of a peek at the POC?

Cheers P x

Link to post
Share on other sites

Instead of going back and forth like i have done in the past 8 months.

 

I am of the opinion that even when "removed" there is still a record on your credit file becuase i have a excellent credit record now apart from one 3 yr old default which is settled and i am still having trouble getting credit

 

Would the difficulty in getting credit be that you have no credit scores showing now?

 

When you had the defaults showing there are scores showing for several months (usually numbers representing payments made to accounts etc..?)

 

Now your defaults are gone there is no scores showing - so you look like someone without a credit history? Is this what the problem could be? I am thinking we know companies use a scoring method etc.. - and perhaps you have litle or no scores now?

 

Have a read of the experian booklet they send you with your credit report as it may explain in there for you (post the answer to help others if you find it)

 

I am guessing and too tired to read this experian booklet now - but I think it is something simple like that causing the problem for you now.

 

(The numbers used represent timely payments, late payments, missed payments, arrears etc..)

Link to post
Share on other sites

subscribing

If I've helped tip my scales

 

Blair Oliver & Scott, £2500 written off December 2006 Default removed January 2007:D

http://www.consumeractiongroup.co.uk/forum/general-debt/56001-mike220359-blair-oliver-scott.html

 

Monument, didn't sign the agreement

:D

 

Lloyds TSB didn't sign the agreement!

:D

 

Citicards, didn't sign the agreement

:D

 

RBS tut, tut!

:rolleyes:

 

Morgan Stanley, oh dear

:rolleyes:

Link to post
Share on other sites

 

Thanks Car, I've seen this and will no doubt be using it, but was just interested to see what Azazal had put in his POC.

Cheers, Painty x x

Link to post
Share on other sites

Any default on your file - settled or not - will effect credit applications.

 

Settled defaults are still adverse credit...

 

This is depressing news Car. I'm going to all this effort to have Defaults and Negative Marker Date removed from my credit file and I'll still have a low score ... :???: I don't know what to say :(

Link to post
Share on other sites

Azazal23 can you please post your POCs, as your thread title is misleading to others.

 

You are telling people that you have a method and all you say is to take them to court if they dont remove it.

Doesnt help people much that.

 

Its like this site having one thread saying 'Take them to court'

 

I would ask a mod to change this thread title so as not to mislead people

Link to post
Share on other sites

Defaults can be challenged in certain circumstances - disputes over balances because they are made up of illegal charges/fees, not receiving the correct paperwork when the default was issued, or having a regulated agreement that isn't enforceable under the Consumer Credit Act 1974.

 

Negative payment history is notoriously difficult to remove - though not impossible - as it shows "factual information". You are in arrears so they do report you as being so on your credit file. The only real argument to this is if you can show that you didn't take the agreement out in the first place, which is usually unlikely.

 

The only way to improve your score like this is to maintain payments or take out some higher priced credit, then wait for the negative information to drop off your file - usually in 6 years!

 

Link to post
Share on other sites

*Subscribing* Could someone confirm the costs for the solution suggested in this thread?

I'm not an expert so check everything I tell you, however click me scales if I've been useful.

Light travels faster than sound. This is why some people appear bright until you hear them speak.

 

There is no freemasonry like the freemasonry of Golf

Link to post
Share on other sites

*Subscribing* Could someone confirm the costs for the solution suggested in this thread?

 

If you mean the court fee for filing an N1 for removal of default, I think it's £30. Am preparing N1 and POCs at the mo so will post on this again when I've filed (and paid!!)

 

Cheers, Painty x x

Link to post
Share on other sites

If you're only filing for removal of a default, the fee is £150 as it's not a "money claim". If you can show damage in monetary value, it's £30-£120 depending on the amount.

 

Check with the Court that they'll accept a "money claim" for removal of a default before filing, or your claim may be struck out.

 

Link to post
Share on other sites

I am 100% sure that if it is a non monetary value then you have to pay £150, If your claim is of monetary value and includes to remove a default also i think that you could get away with paying the fee that the monetary value is what your claiming back i.e the £30 to £120. If i was going to take someone to court to remove a default i would pay the £150 as opposed to the £30 and i am surprised that the courts do accept the claim in the first place if you have paid £30.

If you find this info useful please click on the scales in the bottom left corner of the thread :wink:

 

Vodafone To Remove Default Notices thread

Paid In Full HSBC Was Claiming £3851.42 But Instead of Paying Me Decided to pay my £4900 Loan OffDG Solictors. Need Help

Concluded Lloyds TSB 27/05/2006 Action Against LloydsTSB

Concluded Lloyds TSB for Girlfriend. 27/05/2006

Paid In Full Capital One £160 Settled

Paid In Full Capital One Sent 15/05/06 for £1372 for Girlfriend

Paid In Full Cetelem £130 Settled

Paid In Full The AA £400 Settled

Paid In Full First National £160 Settled

PDA LloydsTsb Credit Card Hand Delivered 26/04/06 £180

Link to post
Share on other sites

I am 100% sure that if it is a non monetary value then you have to pay £150, If your claim is of monetary value and includes to remove a default also i think that you could get away with paying the fee that the monetary value is what your claiming back i.e the £30 to £120. If i was going to take someone to court to remove a default i would pay the £150 as opposed to the £30 and i am surprised that the courts do accept the claim in the first place if you have paid £30.

 

The person in question must have claimed some damages as a result of being defaulted and subsequently noticing the dimininished "creditworthiness".

 

However, £150 it is as per the HMCS website. Off we go to court to file anohter N1?

Link to post
Share on other sites

£150 is a lot of money if you haven't got it and don't now qualify for free submission due to yor circumstances improving.

I'm not an expert so check everything I tell you, however click me scales if I've been useful.

Light travels faster than sound. This is why some people appear bright until you hear them speak.

 

There is no freemasonry like the freemasonry of Golf

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...