Hi knet2020 I've been following this thread is there any update? EDITED Sorry I posted after 1st page did not see 2nd page so please ignore this post! Regards

Ok many thanks

Hi DX, Thanks again for your quick response do you think if I wrote to the cra after July and show them the original default notice they will take first credits default off or is it best just to wait until December! Regards Harry May

Update: After searching through loads of boxes I found M&S Default Notice dated July 2009 but this is not showing on the credit file only First Credit from December 2009. Is there anything that can do? Regards Harry May

Just found this about someone who had won against Aviva about section 32 pension. http://boards.thisismoney.co.uk/savings-investing-pensions/36507.htm Regards Harry May

Thanks again DX

Thanks DX, Do yu know of any templates for contacting the cra's Regards Harry May

Many thanks DX for your quick response. Regarding the cra I only recently joined one and did not enter my past addresses and my credit file was excellent! Then last week I updated my file with my old addresses and that is when I noticed the default suddenly appear. I then found out that 1st Credit had put this on in Dec 2009. So are you saying that after six years of the debt being gone with no payments and no correspondence that all the defaults should be gone as well even if they put them on later? M&S account stopped paying Dec 2007 six years would be Dec 2013 No correspondence since Aug 2008 If I understand you correctly any defaults should of gone when the account went (after six years) if so how do I go about getting this default taken off? Best regards Harry May

Hi Guys, I had a dispute with an M&S agreement which was a very bad copy of an application form back in 2008 sending all the relevant letters etc... This is now seven years ago. M&S sent me a default notice at the time and then sold the alleged debt on. below is a time line of what happened and a few questions hope someone can help. March 2008 Disputed debt from M&S sent letter cca request (poorly eligible application form) Approx £4000 August 2008 M&S transferred alleged debt to debt collectors (Collect Direct) Collect Direct wrote threatening to take me to court - Sent them a letter explaining that the debt was in dispute and that was the last we heard from them. I also sent a letter back to M&S as they sent the same eligible application form and I stated that the account was in dispute under section 78(6) states that while the account is in dispute it cannot be enforced. Note This was the last correspondence we had with anyone todate Dec 2009 - Present Started getting numerous letters from 1st Credit (Finance) Limited threatening to take me to court to offering substantial discounts off the alleged debt received over the next few years at least once a week. Along with phone calls and texts. Also Letters from Lowell Finance & Connaught Collections Below are a few of the letters received: May 2014 Received letter from M&S stating that they have sold the debt to 1st Credit ( Finance) 4 Limited on the 25/01/2013 Received letter from 1st credit "County Court Proceedings Being Considered" July 2014 Received letter from M&S stating that they have sold the debt to 1st Credit ( Finance) 4 Limited on the 25/01/2013 October 2014 Received letter from Solicitors Moon Beever acting for 1st Credit Day later letter from Connaught Collections August 2014 Letter from Lowell Financial stating that they have written to us on numerous occasions and offering a discount. March 2015 Received letter from M&S stating that they have sold the debt to 1st Credit ( Finance) 4 Limited on the 25/01/2013 ( Cannot understand why they have contacted me now when the alleged debt is now over six years from 2008 Also they had already sold alleged debt off to Collect Direct in August 2008 which is also over six years ago and also to Lowell Financial). Also received letter from 1st Credit (Finance) Limited stating that they have assigned a debt from 1st Credit (Finance) 4 Limited. When checking credit reference agency I noticed a default from 1st Credit Limited suddenly appear which was not there last month but on further investigation found that they had lodged a default in Dec 2009 ( did not receive any Default Notice) and when I recently updated my credit file with old addresses it appeared so must of been linked to an old address. Questions 1) If a debt is over six years old and gone off my record can a debt collector still keep a default on your credit file even if the account is in dispute and now statute barred? 2) Also M&S have written to me way over the six years to tell me that they have sold the debt in 2013 to 1st Credit (Finance) 4 Limited. Are they in breach as the account was in dispute and the alleged debt is now statute barred? 3) Is there a limit to the number of creditors that can chase you for a debt? I have had 1st Credit & Lowell Financial Chasing me at the same time. 4) Can a creditor put a Default on your credit file if the account is in dispute? 5) M&S issued a Default Notice in 2008 & 1st Credit added a default on my credit file in Dec 2009 is this allowed? At no time have I received any Default Notice from 1st Credit and only recently since checking my credit rating have noticed this default. Thanks in advance for any help. Harry May

Hi, does anyone know the number that HFC use when their collection people call you as I have lost the number. Also does anyone know if they log the calls on their computer screen dumps and what code they would use for telephone calls. Regards H

No I haven't sent them a part 18 request. They seem to be trying to scare me and trying to get me to admit to everything!

Yes, trial date next month, witness statements next week Part 18 due Tuesday!!!

I have had some awkward questions that the claimant wants me to answer. 1. Do you admit that you applied for a credit card? 2. Do you admit that you received a document (agreement)? 3. Do you admit that you signed the credit card document? 4. Have you had use of a credit card or more than one credit card issued by claimant? 5. Do you accecpt that you borrowed maney from claimant using credit card? 6. Do you admit that you have paid money to the claimant in the belief that you were paying a credit card bill (pursuant to an agreement)? 7. If you deny borrowing money from the claimant please state the net amount of the purchases and credit advances you have made using a credit card from the claimant? 8. In the event that the alleged CCA is found by the court to be enforceable against you ( and your answers to the questions in this part will be without prejudice to any contention by you that it is not) a. Do you admit that you defaulted under the CCA? b. Do you admit that the default notice was received by you? c. Do you admit that the factual content of the DN is correct? FYI. The default notice does not have the same agreement number as the alleged CCA, has penalty charges included and does not contain the correct amount to remedy the breach. Can I answer all these questions with "not admitted" or should I answer in some other way that does not incriminate me? Harry May

Thanks X20, but I am still a bit confused could I put this on the form aswell as use this in the amended defence? Just in case the amended defence is not accepted I will still have the CPR 32.19 notice. Any thoughts on this? Harry

Thanks 42man

Many thanks SC I will read your thread now

X20, As the claimant has admitted that they do not have the original CCA I want them to prove that the copy is a true copy of the original and also a true copy of the DN. Harry

I have only 2 and a half weeks before the trial date and as yet no witness statements have been exchanged (due in 10 days) Is this the right time to file the N268 form? Does anyone know what information I should put on the form? Has anyone ever completed one of these before? Any help greatly appreciated!

Does the "original" agreement need to have a reference number or account number that ties up with any default notice issued?

Dx, Just to clarify do you mean that they cannot re-issue? Harry

Thanks X20 I will try and digest but I need my beauty sleep now:)

If a default notice is invalid due to penalty charges or overstated amount or not allowing 14 days to remedy breach should that be enough to strike out their claim. And if so can the claimant then re-issue a new default notice correcting the wrongly stated items, even if this is two years later!

If a creditor destroys the original credit agreement and only keeps a microfich copy a. Are they not complying to the 1983 copy document regulations b. Having knowingly destroyed the original do they not need to authenticate the copy by a stamp or signature. c. If the microfich copy does not have this how can they prove that it was a true copy of the original.

I am considering putting in a CPR 32.19 notice "Notice to Prove documents at trial" Form N268. I have a trial date in a couple of weeks and the claimant's solicitor has admitted they do not have the original agreements and so have not allowed me to inspect the originals. Or I am thinking of doing the following? It seems very confusing to me! any thoughts on this? [e) if copies of any of the above documents are to be relied on in court rather than originals, a copy of the Notice of proposal to adduce hearsay evidence required under s2(1) of the Civil Evidence Act 1995 together with proof of the authenticity of the document(s) as required under s8(1)(b) of the Act, including but not limited to (i) a copy of the procedure(s) used for copying, storing and retrieving documents (ii) a copy of the relevant log entry showing the time and date of the scan or copy, the name of the member of staff making the copy, the method used for copying, storage and retrieval and time and date of destruction of the original document(s)[/font] (iii) copies of internal and external audit reports covering the entire period from the date of the copy to the present to demonstrate that the procedures have been complied with (iv) copies of Quality Assurance accreditation certificates covering the entire period from the date of the copy to the present to demonstrate that the procedure(s) and audit process(es) comply with the appropriate quality standards