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    • I contacted Sanctury housing in August 2023 after informing them my father in law who had Dementia had moved into a Nursing home December 2022. We kept the flat for 8 months until such a time we could accomodate some of his furniture that my wife wanted to keep. I contacted them in August 2023 to let them know the situation by email as I was the named person that could speak on his behalf. I informed them that we had left it to late for POT and were seeing a solicitor for Deputyship of his financies. I asked them what information would they need in order to give notice on the flat and we could provide details of his condition and nursing home. This went ignored I left it a month and then called them October 2023. I was promised a call back from a manager over the next few days. This never happened and it was end of November when I contacted them again and they had no record of me calling them. I explained the email and again I was told the local manager to the area would call me. This never happened and I ended up emailing them in January 2024 with a copy of the email from August. Again this went ignored and I had explained to them that we couldn't just go to the bank and stop the DD as we had tried. This email again went ignored. I then had a letter written to our home address in February asking us to get in contact with them (local manager) as they were concerend nobody was living in the flat. He had an email address so I copied in the last 2 emails to say I had been trying to give notice since August 2023. I also stated that I would like the rent that was paid from August 2023 refunded back to his account as I had officially tried to give notice then and it went ignored. He replied to us about wanting to look at the flat then notice could be given once he had contacted the nursing home to confirm he was actually living there now. Notice was giving for the 22 March 2024 and this would be when rent would stop and no further payment would be taken by this point. The fact I asked to be back dated went ignored. I have since noticed on 2 banks statement for April and May that they are still taking Rent payments of £501 from his bank. Further to this which seems very strange. He was with Eon Next for his utility bill again we were having problems getting this stopped as they needed a named person on his account which there wasn't one despite me managing his online account for him. I didn't check the email address that often that I used to set it up and went to check as noticed the credit he had built up with not living there was all getting refunded in February. The email said £600 would be refunded to his account with a (sorry you are leaving us message) but how can he leave as nobody but himself had access to speak with them. I also noticed the lady in the flat above him had a letter from her bank sent to his address with his address details but his name which was dated 4th March well before we had given notice and it said (thank you for giving us your new address details) we have set all this up for your account.   So Sanctuary housing must have been aware he wasn't living there from the ignored emails for the lady above to start changing address details to move into his flat before the housing manager had even got in contact to ask if anyone was living there. What I basically want to know his do we have any legal standing to claim the rent back from when I first contacted them in August 2023? There is roughly £3000 to come back  
    • lowell letter = we've mugged you once - why are you not paying this other debt....😎
    • i see you are posting this all over the internet too. here you say it was returned by the safety camera dept UK, Wales Returned NIP Nov23 - Heard Nothing - Now It's been returned as refused and have SJPN Form. Help please? WWW.FTLA.UK UK, Wales Returned NIP Nov23 - Heard Nothing - Now It's been returned as refused and have SJPN Form. Help please?  
    • I see what you mean. I will wait till the 8 weeks is up and then take it up with FOS. Before I do will be on with some more details on the SAR. Thank you once again. 
    • Tagging @stu007 who's great with this. You should have at least 2 months notice with a Section 21 notice (Which Form 6A is used) For now, scan, redact and upload anything you think will be useful    
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Default Removal - A Good Method


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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

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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

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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

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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

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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! ;)

 

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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

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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

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  • 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

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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..)

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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:

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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

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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 :(

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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

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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!

 

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*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

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*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

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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.

 

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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

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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?

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£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

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