No it's not on my credit file, never has been either

Hey, I was hoping for a bit of help with a really old Talk Talk debt and BW Legal. The debt is from 2014. I'm not sure that it qualifies as statute barred? I haven't heard off them for years, but within the past 6 months or so, they've been sending me their standard debt collection letters and emails. I have just ignored them and I haven't formally acknowledged the debt. However, recently they've been threatening to issue court proceedings, so I thought I would like to try and get them sorted out. Am I right in thinking that this type of debt it an unregulated debt? As in it wouldn't be covered by the Consumer Credit Act? If that is the case, is there any precedence for doing a SAR request to ask for a copy of an agreement to provide their services? I am assuming that they would rely on some sort of original agreement between myself and Talk Talk to provide services? Would It be worth doing a DSAR instead? I am familiar with doing SARs for consumer debt, like loans and cards, but I haven't done one for a utility debt. Would someone be able to point me in the right direction please? Many thanks

Just a quick update on this one... I sent a CPR 31.14 request to Lowell Solicitors, today they responded... "Upon reviewing the account, a commercial decision was made to close the account. The claim issued in this matter has been discontinued, a copy is enclosed for your information." I'm guessing that they never had any of the documents they referred to in their pleadings! Success! Thanks everyone for the help and advice.

Hi guys Here is the info... Name of the Claimant ? Lowell Portfolio Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 31/01/2017 What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down. 1.The Defendant entered into a Consumer Credit Act 1974 regulated agreement with Provident Personal Credit Limited under account reference XXX ("the agreement"). 2. The Defendant failed to maintain the required payments and default issue was served and not complied with. 3. The agreement was later assigned to the Claimant on 26/06/2015 and notice given to the Defendant. 4. Despite repeated request for payment, the sum of 231.00 remains due and outstanding. And the Claimant claims a) The said sum of 231.00 b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accusing at a daily rate of 0.051, but limited to 1 year, being 18.48 c) Costs What is the value of the claim? Amount Claimed: 249.48 Court Fee: 25.00 Costs: 50.00 Total: 324.48 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Provident Loan When did you enter into the original agreement before or after 2007? After 2007 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. Assigned to Lowell Solicitors - issued by Lowell Solicitors Were you aware the account had been assigned – did you receive a Notice of Assignment? No, but I have moved twice since then Did you receive a Default Notice from the original creditor? No, again I have moved twice Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? Mental health problems and other health issues What was the date of your last payment? About 1 month after taking the loan Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? No

Hey, I haven't posted on here in a long time but I have just received a Claim Form from Lowell Solicitors on behalf of Provident. I used to work in litigation, but that was 7+ years ago (unqualified legal assistant), so whilst I am familiar with small claims and county court processes, I am a little rusty all the same, so I hope to get some information from people in the know... The date of issue is 31/01 I have filed AOS I am calculating the date for the defence to be by 04/03. I have made a CCA request to Lowell Plus I have made a CPR 31.14 request to Lowell Solicitors The part that I need help with if is... I don't really know how to defend my claim. Do I just hope that they cannot find the agreement, unable to provide a legible copy, or there is an issue with the contents etc? If I remember rightly then this loan dates back to 2010/11 - in which case it might be statue barred? I have made a payment to them in almost the same amount of time. I will need a copy of the agreement to see what date is on it. Is there anything else I should do or be aware of? I stopped paying because I was struggling with my mental health; I received a bi-polar diagnosis whilst battling other health issues - so I just lost all touch with reality for a while. Thanks in advance! M

Really? Because I thought that once I was discharged from bankruptcy then I was free from the restrictions that an un-discharged bankrupt is subject to? I could win the lottery and not have to pay a penny towards my bankruptcy debts, nor would I have to tell the Official Receiver.

Hi there, I was just after a bit of advice... I declared myself bankrupt in 2008 and I was given an early discharge some 8 months later because I had no large assets etc, so I was an 'open and shut' case. I wanted to look in to the existence of PPI on some of my pre-bankruptcy debts, but because I was unsure whether I had PPI attached, I sent a section 77/78 CCA request to some of my creditors. MBNA have said that any entitlement to request 77/78 CCA 1974 request has passed to the trustee, and therefore they are not obliged to send me a copy of the credit agreement. But from what I understood, since I have been discharged, and so has the trustee from their duties, surely I should be able to request a copy of the credit agreement? If anyone could shed any light on the situation then I would be most grateful. Thanks Mark

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Mandarin Court Centre Park Warrington WA1 1GG

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Fair do's - like you say, it'll probably be like getting blood from a stone. I will persist in the mean time, but won't litigate the matter. I just feel like I have been fobbed off, because of the original reason being the length of absence, I never questioned it at the time because I didn't know how to prove otherwise, so upon seeing my reference I thought I'd raise the matter. Cheers for your help anyway people. Mark

I have a similar problem like this. I work full time, 37.5 hours per week. I know that this year the statutory holiday entitlement was increased. Now I am not sure if it is just me being daft, but I started with this company this year, and in my contact of employment it states that my holiday entitlement is 20 days per annum plus all statutory holidays. Is this correct? Do all the bank holidays, including xmas and new years day add up to the minimum holiday entitlement, or am I supposed to receive more entitlement plus the bank holidays ect?

I know one person was paid CSP for 1 week off for a common cold. In this circumstance, there were no questions over length of absence as it was a straight forward normal week with no bank holidays. I think now that my previous employer realises that they probably made a mistake over the length of absence in the first instance, but would rather continue to defend their decision with another excuse. I am going to call ACAS on Monday and seek further advice. I will keep you posted on any progress / outcome. Cheers

I understand that, but then in my original post direct.gov.uk suggests that discretion is if that my previous employer believes that my absence is unjustified, and that in deciding not to pay CPS then they need to make sure that desicion is free from discrimination. So over all, there needs to be an explination for non payment - they just can't decide not to pay me it "just because". Also, going back to my first post, the original reason given by my team leader was due to the length of my absence, which is proved unfounded. Now I'm told that it is because they did not get a self-certification form. I know for a fact that I gave it in. In my last letter to them I also attached a new SC2 form, and requested that this is accepted in replacement for my lost one.

Thanks for the reply. If this would help... Taken from my contract of employment. ............................................... 10. Sick Pay 10.1 If you are absent from work due to certified sickness or injury, you will receive any Statutory Sick Pay (SSP) to which you are entitled. 10.2 Dependant upon your length of service and provided that you comply with the Company's Sickness Absence Proceedure you may also be entitled to receive Company Sick Pay (CSP) if you are absent from work due to certified sickness of injury for the period set out below. CSP will include any SSP/other state benefits to which you are entitled and will be paid at the sole discretion of the Company:- Length of Service Company Sick Pay Up to 6 months' service. Up to 4 weeks full salary. Between 6 months' up to 12 months'. Up to 8 weeks full salary in any 12 month period. Thereafter at the company's discretion. 12 months' service or more. Up to 12 weeks full salary and 12 weeks half salary in any 12 month period. Thereafter at the company's discretion. The Company's Sickness Absence Proceedure states: Company absent benefit is payable provided that you comply with the laid down sickness / absence reporting proceedure. The company requests that you notify your immidate line manager, or if that is not possible any other responsible employee, of your absence from your normal place of work or your normal duties. This is to ensure that the Campany can maintain an acceptable level of service. Cases of sickness, or absence for demoestic emergencies or compassionate reasons, must be notified as soon as possible, and in any event no later than noon, on the first day of absence and confirmed in writing (preferably e-mail) to your line manager immidately upon return to work. Periods of sickness of 5 or more working days must be supported by a doctor's certificate. Anticipated absences must be agreed, as far as is possible, in advance, by your line manager. ............................................... The rest of the Policy is not relevant to absence due to sickness, and goes on to explain about compassionate leave ect. I adhered to all the requirements to comply with this policy, so therefore I believe that I should be paid sick pay in accordance with their CSP policy. I think I may seek legal advice, as you say, I don't really want to issue without really knowing if I have a chance of winning. I am kind of hoping that my recent letter may prompt them to make payment. Mark

Hi all, I think this is the correct forum to post this thread... To cut a long story short... I was off work with genuine sickness for the period of 27th April 09 to 1st May 09 (inclusive). On the following Monday 4th May 09 fell a bank holiday. We are required to work some bank holidays, but it works on a rota. I knew before I was off sick that I was not due in this bank holiday. Anyhow... When I returned to work Tuesday 5th May 09, I was told by my team leader that I would not be paid company sick pay (CSP) in accordance with their sick pay policy as it was of their belief that I had taken more sick days than I were permitted to take under self-certification rules (This being 7 days including weekends). They told me that although I was not due to work, bank holiday Monday 4th May 09 was classed as a day absent from sickness, and that it was of their belief that I had taken 8 days, without a medical note. I never challenged it anyway. I ended up leaving for another job a few weeks later. It was when I started this new job, my current employer requested a reference from my pervious employer and one of the questions asked referred to attendance. My previous employer had stated that my absence record was "5 days (1 occasion)". I wrote to my previous employer and queried this. I explained what I had been told as to why I wasn't being paid CSP. My contact of employment stated that I would be entitled to 4 weeks full pay for sickness. I received a reply from them this morning. They made no reference to my comments about the reason I had been told that I would not be being paid CSP. Instead they told me that because they have no record of my self-certification, and it is company policy that CSP cannot be paid without the relevant documentation. They also said that CSP is at company discretion and in this occasion, the discretion was not to pay CSP. Website of the UK government : Directgov states that... “Your employer can choose to make an exception and pay you sick pay even if you don't qualify under the company rules. Also, some sick pay schemes say that payments are 'at the employer's discretion', which means your employer can refuse payment if they think the absence is unjustified. However, in doing so they must ensure that their decision is free from discrimination (that is, they are not favouring one category of employee over another when they are required not to).” I remember giving my company self certification form to my manager in the first instance. She had recently re-arranged her in trays and when I went to put it on the top of her tray she told me "Give it to me now, otherwise it will get lost" Anyhow... I replied to them this morning, inclosing form SC2 (Employee's statement of sickness) and stated that if they had lost my original self-certification form then this is a replacement. I also mentioned that I have received no other reason as to why I would not be paid CSP, and that their original reason being proven unfounded, and that it could only be discrimination as I was aware of other employee's receiving CSP. I followed all company policies, including informing my manager of my sickness with reasonable notice. The reason why I never challenged it at first as I was unsure how I could prove that I had only taken 7 days sickness and not 8. It was only when my current employer showed me the reference that I realised. I want to know where I stand, and would I have a case to take them to an Employment Tribunal? Also I wanted to know if I could claim for the unpaid CSP through the County Courts, or would it have to be an Employment Tribunal? The reason why I ask is because I am a Litigation Executive for a firm of Solicitors, so I am very familiar with Court proceedings, but not an Employment Tribunal. My previous employer was not a firm of Solicitors by the way. So any help would be great, I would like to know where I stand. I replied to them this morning with form SC2, stating that this was a replacement for the lost original, and now that they have the relevant documentation, I believe that they can now make the payment. Any assistance, comments or advice would be appreciated. Many thanks, Mark

Hi there, I was just after a bit of advice. I have previously posted on here about this problem: http://www.consumeractiongroup.co.uk/forum/other-institutions/136651-hillesden-securities-limited-incorrectly.html - But it has sort of taken another extreme. To cut a long story short, me and my father share the same name, except I have a middle name and he does not. I have not lived with my father for 4 years since my parents split. Please read my last thread above in order to make sense of what has happened. A while ago I was contacted at my old address for a debt of my fathers (we share the same name) - My father has never registered on the Electoral Role, but I always have been where ever I had lived. I did actually manage to sort out the last problem. I contacted the CRA's and had the defaults removed and sent a letter to Hillesden Securities with a copy of my passport ect in order for them to identify me. I have since moved address and today I have received a letter from a DCA called DLC acting on behalf of Hillesden Securities. To my amazement they're chasing the same debt as last time. They have obviously tried a trace for my father and come back with me because I’m registered on the Electoral Role ect, but my father isn't. I have called them up today and kicked off on the phone. The person I spoke with did sounds apologetic, and I explained that this has happened before and last time they gave me a nice big fat default on my credit file, so he has told me that he is going to check and get it removed it there is and will email me to confirm that this has been done. I'm not optimistic as I know what the DCAs are like. Last time I had the CRAs put a notice on my file which stated that I am not to be confused with my father. It doesn't seem to have worked. I have today ordered my statutory report, but I'm left thinking, why should I be paying £2 a pop for each CRA every time this happens, it took me ages last time to sort all this mess out, and now it's happening again. I want to know if there is anything else that I can do, is there any sort of legal action I can take, or court order? I’m not in the market for compensation, I just want it stopped. I suppose what makes it worse is its not a little debt, it’s for £5520.53 and I know that for this size of debt they may consider bankruptcy proceedings. Any help or advice would be very much appreciated. Many thanks for looking!!

Hi guys, I recently tried to apply for a loan but was knocked back - I was a bit worried because as far as i was concerned all my credit accounts were up to date, and never missed a payment. This promted me to obtain a copy of my credit profile from Experian. I was shocked to find a default for £5500 for a hire purchase/car. Me and my father share the same name, except that i have a middle name and he doesn't. This was actualy my Dad's debt. I do not actualy live with my Dad, and haven't done so for roughly 3 years. The default was on my credit profile, but with my Dad's date of birth. It was supplied by Hilldesen Securities Limited who i believe buy debts from other companies. They had also supplied information stating that i was financialy linked to my mother, as i had a joint bank account with her (I don't but my father does) and that my Dad's address is a previous address of mine. This has obviously had some effect on me being able to obtain credit, other than this my credit report is great. I've been in touch with them and they won't change anything without me sending a copy of my report and proof of who i am. I hope that they don't try and get a CCJ for the debt and that ends up on my credit profile too. I think that they have seriously got me mixed up with my Dad. I spoke to Experian and they have updated everything and removed the default and other information supplied by Hillesden Securities. Is there anything i can do to get these idots back - i.e can i take litigation action against them for supplying incorrect information - surely there must be some rules arround supplying info to the credit reference agencies?? Would they have provided the same info to the other credit reference agencies? Will i have to contact them all individualy and get this info removed? What do you lot think? Thanks, Mark