Im due to have a payment come out of my account next week, and they also have my debit card details...

And never give them your card details - sme of these companies have been known to take additional unagreed amounts out at their will. I would cancel the card and account if I were you. Wait till the six months have passed. Then get all three of your credit fies and look at what is there.

Just let sleeping dogs lie.

Ordinarily I would say that everyone should pay their bills but in circumstances such as this,

it may make unable to obtain any type of credit for a further six years.

I say this because you won't know exactly what these creditors or debt collection agencies are going to update your credit file with.

Whilst there are ICO and FOS guidelines for how this information is shown, the rules are so slack that

they have virtual carte blanche on what they put.

They. An do things such as change the default dates, put another default after the original has fallen off,

show arrangements to pay after the default - all of these are things that should not be done but they are

the whole credit reference system in the UK is a complete mess and not legislated correctly.

Be careful of anything you do with these people and anything you agree should be in writing.

What sort of interest rate should I charge them? thanks

Interest is statutory - I think it's 8 % but check this out first

The default sum = the arrears that were unpaid, if the arrears were paid in line with

the default notice the default would not be placed.

 

The Egg account will have been sold on that is the reason it shows satisfied,

expect contact from a debt collection agency in the near future.

Satisfied on 17th August 2006 and not heard anything yet - more likely that this is an error on egg's part. This will be statute barred by now anyway as it will have been well over six years from last cause of action.

It was last year when we booked the holiday so I can't even remember the website they price matched us with.

Yes, we used the tickets they gave us.. And we couldn't afford to buy the extra ones.. Saying that we barely had enough time to do all the Disney and universal ones so we didn't really miss not having the others. That is besides the point though.

It's been 4 weeks since we complained in writing. I know they recieved it as it was recorded. How long should I wait for a response?

If you haven't given a time limit, it's usual to allow 28 days for a response. It would help if you could search and find who the deal was with - may help if it's in the net as you may still be able to search for it. When you claim in negligence or breach if contract, you can only claim for actual losses, so if you feel it didn't really effect your holiday then perhaps 'loss of prospect' would not be viable. Any monetary loss and perhaps an element if 'mental trauma'. The correct route would be as I have previously noted.

If you can get a copy of the deal that Thomson were price matching you may have a good case for a claim - I take it that you used the tickets they gave you? If you did and had to ay entry for the other parks thn I woud ask them for the difference in a 'without prejudice' letter, giving he 14 days to pay, after which you I'll take thm to court. It will help if you ave all the details of the offers r a court case. If you were not able to afford to go to other parks thn you old also put a claim in or 'loss of chance'

Good luck

Hi there - the only thing you have to be concerned with here are the actual 'default dates'. The updates shown are when accounts sometimes get reviewed by the lenders and have no baring oher than to give you an indicator as to when they were last interested in the accoun. You may also want to look at the searches on your file to see if there have been any debt collection searches - theses searches stay on for two years.

All these account will come off your file after six years from default date, so the Egg one should be due off any time - the rest coming off mid next year. Many people, including myself wouldn't really agree with deliberate failures in paying debts off, but if you are in a position, you may want to contact the creditors and offer them a settlement figure.

In short, your file should be clean mid next year. The thing that you would still have to take int consideration would be that, despite searches would not bring any negative information up, lenders may still have their on internal records if you have had dealings with them or any of their sister companies in the past. You will also find it difficult getting credit as you effectively will have no credit history at all.

I have had a lot of defaults in the past but have never been refused insurance cover. Also doesn't really matter how many searches show as their are only quotation or insurance searches so will not arm your rating.

Put in a set aside application using Form N244 and stay of execution of the warrant the HCEO is executing N245 the reason you will put on the set aside is that the judgnebt was by default, you have not had any court papers, and actually was obtained for a non existent debt, ie you have the evidence that you have paid. the N245 for a stay is most important as that is the only way you will get the HCEO to foxtrot oscar and stop adding fees, at the moment. Other caggers will be of more help but this should be your path forward imho I think the forms are downloadable from the HMCs site, and you must find out which court issued the judgemnt, and what are the reference numbers on it

 

By taking the formal route to dispute the CCJ, allows you to go after them for any losses in the small claim track yourself, if they get silly as HCEO's are like fleas on a dog, they are hard to get rid of even when they should not be there, and will scuttle to a master for protection if it looks bad for them.

Whilst I agree with the application to set aside, the N245 is for a variation and stay; not for disputed debs.

The best route would be to make the application to set aside. I would then file a defence and counterclaim for your losses and inconvenience.

This history as far as I know is its a debt from a previous phone contract I had that has gone into arrears,

 

I had some trouble with debts a while back and thought I had paid everyone off and was back to square one,

it looks like I missed this one and havent received any communication for a while,

 

I remember getting a letter about 3 months back about the debt and thats a CCJ was being applied for,

 

at the time I was looking for work and it just got left with me thinking I had more important things to deal with,

which again is a downfall on my part,

 

I never received a judgement notice and so it just left my mind,

then about a month ago I got the letter from St Helens council advising the judgement was in arrears and payment needed to be made,

 

I then tried calling the office to no avail, I also faxed over a letter to them advising I was not aware of the judgement,

asking for who the judgement was awarded to and also how much per month was to be paid,

I never got an answer and then received a letter today dated 12th July advising if payment is not made within 7 days then a van would be rented

and they would attend the property to levie goods,

as a note as they have not been to the property before am I right in they cannot take goods until they havae first made a list?

 

So basically I have 2 days to get this sorted,

and obv with living at home I dont want the parents to know about this as they think my debts are clear as I did myself.

 

How would I go about a variation order and would this stop the bailiffs immediately,

I am happy to make payments to clear the debt but feel corned into a tight space with little time to action something.

 

If I can get throughh to the bailiff do I advise them I am seeking to get a variation?

Hi there. Few people on here have been mentioning getting this set aside, and some saying its not worth it if you have no defence. I would say definitely go for the setting aside. What this does is puts you back to the papers being re-issued. You have grounds to do it as you did not get them or the judgement. You have to make this application withing a month of the CCJ being granted or from when you had notice. If it is over a month of the CCJ being granted then you will require the district judge' permission to make the out of time application - this should not be a problem in the circumstances but you need to show him or her that you have done it as soon as possible after notice.

Even if you admit that you owe the whole amount, you at least have the option of paying this within a month and no record of the CCJ will be put on your credit file. Having said this, if you won't be able to pay this within a month or your file is already trashed, it may not be worth your time and effort.

If you choose to make an application to set it aside then keep a copy of everything and send a copy of this plus the court receipt to the bailiff's office to stop any visits.

The Northampton CC is what is used for Moneyclaim Online service btw.

Good luck.

OK So a year & abit ago Vodafone issued a default against me with no warning letter and also the balance was paid in full.

 

Went to apply for a mortgage and was refused later to find ou what Vodafone did!

 

Since then I have emailed, Telephoned and wrote to Vodafone and getting no further forward.

 

A few weeks ago A vodafone staff member told me 100% the default would be removed and would recieve a confrimation letter within 2 weeks that time has gone and still no letter, since then I have tried emailing and phoning and eventually spoke to someone yesterday after being passed around different departments and she said that Vodafone didn't even a have a file for me anymore and it was all closed down how are these people saying this.

 

I was relying on that 1st person to send the letter I even reserved a house at a large fee which I will now lose.....

 

One member of staff didn't even know what a default is.....Serious how can they do this.

 

I am so stressed and depressed about this full thing, I have a 9 month old daughter that I am trying to make a future for and right now i'm stuck at my inlaws tiny house where everyone know is treading on eachothers toes.

 

Please can someone help me!

The default is on your credit file as you defaulted on your account. With accounts such as mobile phone contracts, there is no requirement to send you a final notice prior to defaulting you as there is in other forms of credit, such as fixed term.

If they remove this, it will be as a good will gesture if they haven't really done anything wrong - helps if th amount was small.

but once capquest became aware that the data they were processing was inacurate, to keep on then processing that data while in dispute makes them culpable

Absolutely not, according to the details supplied. However, you could take both Natwest and Capqest to court as joint tortfeasors, allowing a court to decide proportionality of blameworthness (culpability). But, as I have previously stated, Natwest have effectively admitted liability so why waist time with Capquest - it's a no brainier and very easy.

I completely disagree with the assertion that Capquest is liable. Whilst I would agree that you should be due some compensation, it was Natwest that breached their duty of care to you. Albeit Capquest would have had a duty of care towards you, the fact that they had shown due diligence, and were in reliance on the information that Natwest provided would discharge thir liability.

Insofar as Natwest is concerned, you need only prove that they had a duty of care towards you, that they breached that duty of care, and that the breach resulted in a detriment. Whilst, on face value, this process is fairly simple, indeed, it would seem that Natwest has already stated that they made an error, and effectively admits liability, you would have to apply various tests, such as 'reasonable foreseeability' and so on to ascertain how far thi liability would reach.

i cant see our local carphonewarehouse or vodaphone store taking a 50+ dob from a 22 year old ???? can u? but i sort of get your point there.. i've just sent a msg to vodaphone from there web site.. maybe i should i searched here for the Lee person who works for them first..

How many people check all the details on an application? Or perhaps it was applied for online. Whichever way, the DOB shown in the account in your credit file will be the information that Vodafone have on you.

Hi there. Quite a simple one - the insurance for accidental cover will be solely for that. Whereas, if there has been no accidental damage caused, it will be covered under a separate manufacturer's warranty.

You can also claim under the Cinsumer Protection Act 1987

Vodafone will be the ones that have added your DOB, and from the sound of things, it is the date that they have been supplied with - sounds like your son may have mislead them. If you want to get it cleared up, I would make the dispute through the CRA and explain the situation to them. You may have to report it ti the police as identity fraud though so you could get your son into some trouble.

Hi there Ian. I would get a copy of your credit file from all three main agencies first. I'm tempted to say that you ahold file a notice of disassociation but perhaps that may cause a little confusion with you having the same names.

If you have one of your files already, you will notice that each account showing will have a DOB as well as the names - if these do not tally, I would raise an online dispute for every incorrect entry.

Hi all,

Thanks for the great advice so far...

Defaults that are your credit file, are they supposed to come off yourcredit file automatically after the 6 years, or do you have request the creditagency to do it?

The reason I ask, is that on my file there are 'some' defaults, but theirdefault dates are pass the six years point...

Thanks

Hi there. Yes, they should drop off automatically on the 6year anniversary but this does not always happen due to system failures and ak of updates - I would drop them a quick line and ask them to remove them - bare in mind that you can mak a Cain against a CRA if they are holding information on you after the 6 year period which is affecting you.

Should I ask about reclaiming charges when I get to see the finance charity?

 

My list of debts are:

 

Barclaycard

Aqua

Capital One

Wonga

Quick Quid

TxtLoan

Payday UK

Payday Express

MiniCredit

1 Month Loan

 

I just looked at my credit file and not all of them show up, only:

Barclaycard

Aqua

Capital One

Quickbridge

MEM Consumer Finance

Micro Credit

 

The latest update on my credit file appears to be on 01/05/2012. What does it mean if some don't show up?

Hi - you could do with getting a copy from all three main credit agencies. Some creditors only report to one of them so that is why you won't see them all here. Noddle only update their records once a month so although it's free, it's not as updated as Equifax or Experien. See if you can join both of these on the free month trial and get the screenshots up here so we can have a look - make sure to remove any personal details beforehand though.

I'd be interested to see any evidence of this assertion. Without it you are giving the OP false hope.

 

If you had bothered to look at the adjudications in the the link in post #3, the lapsed times in 3 of the cases were 5-10 minutes, 3 minutes and 2 and a half minutes. All three appeals were refused

I hardly think a passing comment is giving false hope [edit] - I think we're all giving giving mere opinions here. Some of which are more rounded and informed than others. I speak as a lowly law graduate with a little life experience and an ability to conduct myself with an amount of civility.

The appeals you mention are when no timeframe was outlined in the express terms of license by thr local authorities in question. My own local authority merely states 'reasonable'. But you can also take that as a throw away comment.

Yes, was not aware of this until now, its the effect this may have had on applications etc, i may have been in a stronger posistion by now, looked at checkmyfile.com really handy, tells you the finishing dates on all accounts, given this information all defaults will be removed by feb 2015, which would be a good time for me to apply for a mortgage, its just the RBS account that is until july 2016, would anyone recommend me applying for a credit card, and pay off monthly, i do not need a credit card, i mean just to show good history?

 

Thanks again

Daniel

I think that Capital One Classic accept applicants with defaults. Make sure you put a notice of correction on your credit file though beforehand. By law creditors are not allowed to accept or refuse applicants when they have a notice on their file so it then has to be underwritten by a person not a computer.

I'm sure that the CAB would be able to sort out the remaining sticky creditors for you - they are actually very good. It may be an idea fir you to get a doctor's note to supply to your creditors too - this will keep them off your back completely. You have the option to request payment brakes with creditors too. Keep up to positive thinking and good work.

Without looking, as far as I know, you have 10 mins to put a ticket in your vehicle.

Hi there. Very strange problem you have here. I say that as it would seem that the card was used or a considerable time, and so there will also be a history of payments made on it. I would write a letter to the fraud department at Barclaycard giving them the details you have outlined and insist that they investigate it an ensure that the debt is recalled to them straight away to avert any continued harassment. Please keep us informed as to what happens and let us know if you need us to do any legwork for you.

yes they agreed fraud occurred and gave me a cheque to refund me.

I would definitely send in a letter to their data control manager and compliance team to request that it is removed then - sound black and White to me.