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    • LOL. after sending Perch capital a CCA request with a stapled £1 PO attached (x2) Their lapdog Legal team TM Legal have sent me two letters today saying "due to a recent payment on the account, your account is open to legal/enforcement action" so i guess they have tried to apply that payment to the account to run the statue bar along. dirty tactics lol.
    • I have initiated the breathing space so ill wait. from re reading everything this what i understand BS gives me 60 days break from the creditors during these 60 days they may contact me and will most likely default I need to wait until after a default notice to see whether the OC will keep the debt or sell it off If kept by the OC then i should attempt a plan or pay some token payment? If sold to DCA then don't pay and after 6 years it will leave my credit report once the DN is registered with a date. DCA may start a CCJ but unlikely, if they do come back here. last question, do you know roughly how long this will all take? in terms of defaults/default notice, potential CCJ? Would you say I have 12 months plus from when the BS ends?
    • Well, it's up to you. Years & years & years ago the forum used to suggest appealing to POPLA, but then AFAIK POPLA's remit was changed and it became much more biased in favour of the PPCs. One of the problems with taking that route is that the onus will fall on you to prove your appeal, while if you do nothing the onus is on MET to start legal action which experience teaches they are very, very reluctant to do. If you go down the POPLA route I would think your ace would be insufficient signage.  Are you able to go back there and get photos of their rubbish, entrapping signs?
    • The first clearly visible sign as you pull in to the car park states “McDonald’s Customers Only 60 minutes” The next clearly visible sign is an almost identical sign outside Starbucks which states “60 minutes free stay for customers only” There are other signs towards the rear of the car park (away from the outlets) that have the terms and conditions on them in very small print.
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Defaults - background, removal methods, challenges and taking a claim to Court


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hi car you state below in an early post how can I put this in POC's and what legal weight does it carry ... my case is not with banks but if company has placed default made up of unfair charges then surely default is inaccurate and breach of DPA... really need help with POC's

 

"Penalty charges in any default balance will make the amount on the Default Notice unlawful and inaccurate, giving rise to a rescission of contract preventing the Court enforcing the debt"

Only direct action by the masses will work....

 

Look at all successes they have never come from negotiation!!!

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hi car you state below in an early post how can I put this in POC's and what legal weight does it carry ... my case is not with banks but if company has placed default made up of unfair charges then surely default is inaccurate and breach of DPA... really need help with POC's

 

"Penalty charges in any default balance will make the amount on the Default Notice unlawful and inaccurate, giving rise to a rescission of contract preventing the Court enforcing the debt"

 

It would certainly apply, IMHO, see my other post about POC's though.

 

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do you have legal basis for stating that? really need some proof for my POC's

 

Yup;

 

failure of a Default Notice or a Termination Notice to be accurate not only invalidates the default notice (Woodchester Lease Management Services Ltd v Swain & Co NLD 14 July 1998) but is an unlawful rescission of contract which would not only prevent the Court enforcing any alleged debt, but give the Claimant a claim for damages. (Kpohraror v Woolwich Building Society [1996] 4 All ER 119)

 

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sorry car but is this because the default notice has unfair charges built into it????

 

If the Default Notice is inaccurate because of those charges and the account was terminated on the back of it, yes. ;)

 

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Can someone please re-upload the pictures (letters from ICO/FSO) as the photobucket account is now closed.

 

Possibly using something like imageshack.use who I've used in the past seem to be good wiht no need to sign up either.

 

Many thanks in advance.

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Bit of advice please:

 

Just had a creditors attempt to set aside a default judgement I obtained against them struck out (they didn't turn up to the hearing).

 

I take it now the original judgement stands from the original judgement date and not today (the date of the strike out)??

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Bit of advice please:

 

Just had a creditors attempt to set aside a default judgement I obtained against them struck out (they didn't turn up to the hearing).

 

I take it now the original judgement stands from the original judgement date and not today (the date of the strike out)??

 

wow, how many times did I have to read that to understand it ;)

 

Yes :)

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wow, how many times did I have to read that to understand it ;)

 

Yes :)

 

Sorry :-D

 

It's unusual for a debtor to obtain a judgement against a creditor and even more unusual for the creditor to then not turn up to the hearing they applied for to set aside the judgement.

 

Anyway I was going to dangle a carrot of removal of the CCJ if they paid up within 1 month, but the time from the original judgement is well past now.

 

Next step - letter demanding payment and then a warrant.

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It's unusual for a debtor to obtain a judgement against a creditor and even more unusual for the creditor to then not turn up to the hearing they applied for to set aside the judgement.

 

Bet the judge was pleased with them wasting the court's time ..... did you get costs as well?

 

Next step - letter demanding payment and then a warrant.

Get it transferred up to the High Court for enforcement (I presume it's £600+) then they get the High Court Enforcement officers round without notice!! and charging their wonderful fee regime. After all it's what the DCAs do to us ....

Never *ever* thought I'd be posting this to recommend them Marston Group - County Court Judgments and High Court Writs hurts to type it

 

What's good for the goose lol

 

Go get 'em

If you find my advice helpful - please click on my scales

<<<<<< - they're over there!

Well, it's a funny black star now ...

The small print - any advice I give is freely given on the understanding that I am a layman and am not legally qualified in anyway.

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Hi everyone,

 

im new here so let me just explain my situation...

 

I have 2 default notices on my credit record. one from new look/ikano finance (paid in full 1 year ago), and one from littlewoods where the debt was then sold onto Cabot (this one i am still paying at a low ammount each month)

 

I'd like to know if anyone knows whether i can have either of these default notices removed from my credit record, as its making life very difficult to the point where i cant apply for a job in a bank because of my credit score!!!

 

the new look DN i do remember receiving almost exactly a year ago today and it was then immediately paid off in full, CAN I STILL GET THIS REMOVED BEFORE THE 6 YEAR PERIOD?

 

the littlewoods/cabot DN is a whole different kettle of fish! I NEVER recieved a default notice, but other than that I NEVER SIGNED A CREDIT AGREEMENT WITH THEM and yet they still kept my account open and continued to allow me to buy from them, I found the credit agreement unsigned that i was supposed to sign and send back a few months ago and put it in the bin as i didnt think it was relevant.

 

can anyone help me?? as i'd really like to clear up my credit score so i can not only find a job but also look into buying my first house!!!

 

thanks

 

first one shoudl be marked as satisfied second you can try to get it removed as didnt have default notice etc but its a long business and youll probably have to take to court and may lose if they havent got signed agreement though youve got a chance i should do SAR on both first of all and see what you get back regards Gaz

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Bet the judge was pleased with them wasting the court's time ..... did you get costs as well?

 

He just said they hadn't turned up, struck out the application and gave me my costs. :)

 

 

Get it transferred up to the High Court for enforcement (I presume it's £600+) then they get the High Court Enforcement officers round without notice!! and charging their wonderful fee regime. After all it's what the DCAs do to us ....

Never *ever* thought I'd be posting this to recommend them Marston Group - County Court Judgments and High Court Writs hurts to type it

 

What's good for the goose lol

 

Go get 'em

 

I'll have to go for county court bailiff first (the amount is only a few pence over £500 :sad: ) but when £100 warrant is added I could go for fi-fa.:smile:

Edited by basa48
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  • 1 month later...

I had a default from 2006 with Vanquis Bank so I sent them a cca letter from the template on here. They replied saying they couldn't find the documents requested. I then asked them for the notice of default, they again said they couldn't access it. I now contacted Experian and asked them to investigate, they entered a notice of challenge on my file. This morning the default is no longer on the file. Ican't believe it was that easy.

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Well I wish mine were that easy !

 

My creditor has convinced the court they never received the paperwork setting the date for the last hearing (where I got a strike out of their set-aside application - with me so far!!).

 

So we'll all be meeting again in March.

 

I'll still win though!! :-D

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I had a default from 2006 with Vanquis Bank so I sent them a cca letter from the template on here. They replied saying they couldn't find the documents requested. I then asked them for the notice of default, they again said they couldn't access it. I now contacted Experian and asked them to investigate, they entered a notice of challenge on my file. This morning the default is no longer on the file. Ican't believe it was that easy.

 

How I wish things were that easy for me ! Could somebody advise on the best way i can go? I have 2 defaults from RBS, I have eventually got them to admit that they dont have credit agreements and cannot recreate them, however they still update the credit reference information monthly as default - i disagree with the balance and have written to both the bank and all three agencies asking them to remove the data as it is unlawful. The orginal loan was back in 1999, and I think by now I owe them nothing.

From what I have read on this great thread (and long thread) theses banks and the ICO dont really consider the affect of recording adverse information be it lawful or not. Any help or advice would be greatly appreciated...

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  • 2 weeks later...
You could certainly threaten it

 

S.

 

Here is a copy of the response from Lloyds

IMG00020-20100311-1012 on Flickr - Photo Sharing!

IMG00021-20100311-1013 on Flickr - Photo Sharing!

 

It appears they are suggesting that they sent the information every month for 3 years but the CRA didnt bother updating, that might be possible but as I have copies from the other 2 CRA's also not updated this would be very unlikely.

Also the account shown as satisfied on 26th Feb 2010 is obviously their reaction to my complaint and not something which had been done automatically.

As for "we have a duty of care to other creitors" does that duty of care not extend to its customers to ensure that the records are upto date?

I do not know whether it is worth trying the FOS or going straight to court

Any help greatly appreciated

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  • 2 weeks later...

Hi All

 

Does anybody know the exact date when the default notice changed from 7 to 14 days...

 

 

Cheers

 

HAK

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Hi All

 

Does anybody know the exact date when the default notice changed from 7 to 14 days...

 

 

Cheers

 

HAK

 

 

Hello HAK,

 

I thought I just answered this question ..........Oh sorry ...He He ... I did on another thread.

 

I copied this from a thread a few months ago…

Also as of 1st October 2006 (came into force on 19/12/08 - see consumer credit (enforcement, default and termination notices) regulations 1983 (s1 1983/1561) section 3(d) then look down further to the notes at the bottom and date in force para 3) the period of notice to remedy the breach was increased from 7 days to 14 days from the date of service of the default notice. The CCA quite clearly states that the creditor shall not take action such as mentioned in s87 (1) before the date so specified or before those 14 days has elapsed.

 

Hope it helps ….

 

Onwards and Upwards

 

Chalkitup

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  • 4 weeks later...
can any one explain to me what happens if I dont here back from 'the other side' regarding the cpr30.14 request. I have given them 7 days to let me know if they have the papers and 14 days to send the paperwork

 

Are u sure it's CPR 30:14 I have had a look but cannot find that.

 

m2ae

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Is this it

 

31.14 Documents referred to in statements of case etc.

 

(1) A party may inspect a document mentioned in –

 

(a) a statement of case;

(b) a witness statement;

© a witness summary; or

(d) an affidavit(GL).

(e) Revoked.

 

(2) Subject to rule 35.10(4), a party may apply for an order for inspection of any document mentioned in an expert’s report which has not already been disclosed in the proceedings.

 

(Rule 35.10(4) makes provision in relation to instructions referred to in an expert’s report)

 

and if it is...can you explain in a little more detail without divulging personal details the context of the circumstances you are currently in.

 

m2ae

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