UK26, I have been in and out of the website keeping tabs on your progress. I think it is excellent that you have taken up the challenge, but it was only a matter of time as people are fed up with the behaviour of the CRA's. My donation of £20 has been sent by paypal. Good luck

I will be ordering my credit files shortly

You say that If a default cannot be substantiated then it should be removed. In reality that does not happen as the CRA just say you must take it up with the people who put it there in the first place. I know this because with my Barclaycard account it has a default but Barclays have deleted the account so it can not be substantiated. The courts are my only way forward now.

BINGO! It worked the default has now been removed so Experian tells me.

BINGO! I have just logged into Experian to see how my query was going and I have been informed that the default has been removed.

Would the company not have to supply the original agreement if that is the case with all terms and conditions?

From what was said on the posted thread YES. Why else would the CRA be so quick to remove it, but you need to let them know that you know what you are talking about. I have tried the VIRGIN/NTL route like many others which is just a waste of time, The way to do it is to give it a go, because as the CRA,s know the telecom companies are not allowed to enter a default as specified above. If for some reason the CRA refuse to remove it then it is up to yourselves to take it further i.e. to court. I am challenging this very issue at this very moment. PLEASE READ THE THREAD BELOW EVERYBODY http://www.consumeractiongroup.co.uk/forum/general-debt-issues/118762-virgin-ntl.html?highlight=virgin

You say the only real defaults are issued by the courts, somebody needs to inform the credit industry as these defaults that appear on our files are real enough and are costing me a lot more for a mortgage. The link I placed earlier is excellent as it spells out in simple terms why Virgin cannot place a default on an account. Whether we like it or not they are going to continue doing this unless we continue to fight against them.

I am going to take this from a different angle. On the account there is also a default which I plan to get rid of. They stated on the CCJ request that they had served a default notice on me (which I can't remember). Their solicitors have come back with a list of dates of all the charges on the account. 1 I have sent a request for the copy of the original default and termination notices. (if they do not have one all the better) 2 I will then add their charges onto the account on the dates they have specified. (the value of the default notice will change making the default unenforceable as the "default value" would be incorrect). 3 Go at the CCJ. (they stated they had served a default notice if they have not I can push for a set aside). Any thoughts

They are correct when they say they are not regulated by the CCA 1974 but this also means that they cannot issue defaults as defaults are regulated by the CCA 1974. Please read thread below:- http://www.consumeractiongroup.co.uk/forum/general-debt-issues/118762-virgin-ntl.html?highlight=virgin

Have a look at the thread below, I am in the process of getting rid of a default as well and have challenged it. Let see what happens. http://www.consumeractiongroup.co.uk/forum/general-debt-issues/118762-virgin-ntl.html?highlight=virgin

Has anybody actually got back the PENALTY INTEREST that Welcome like to add to the final figure when you pay the loan early? I have 2 amounts on the same loan! (I am back and coming for Welcome Finance)

Thanks, thought so but was hoping that wasn't the case.

Well put it this way, if the Cabot forum had started like this we would nod have had the impetus to find out things like how the shadowy Cabot Group of companies are related and why people were confused about who to sue Cabot or Kingshill no.1. i.e who actually owned the debt. Older heads will have more of an idea, newbies will struggle.

Hi, is it possible to have a default and a CCJ for the same account? or is that the same as having 2 defaults for the same account?

Hi, I haven't issued a claim against a CRA as yet but this is a question that I wanted to know. Looking at my credit file I have noticed that certain files have not been updated for years. Does this mean that the originator is not updating the record? Or is it the CRA just keeping it there for 6 years?

It is a pity to lose the Cabot section but that may be the next best thing. Also, as with the rest of the sections there should be a WON section, so people know there are victories without having to plough through all the threads.

OK, my thoughts on that were that because it was a change in value the CCJ would be be set aside. My reasoning was that the website which tells you how to get rid of CCJ's states as one of it's reasons - "Did you agree with the full amount of the judgement at the time, but now only agree with part of the amount? After some more searching I found this website PART 13 - SETTING ASIDE OR VARYING DEFAULT JUDGMENT SETTING ASIDE OR VARYING DEFAULT JUDGMENT So it looks like there is no guarantee of getting the CCJ removed.

Hi, I always thought that time was not an issue as with the bank charges just because you were ignorant of a process then doesn't mean you can't challenge it at a later date when you now understand what is going on. Maybe I am wrong. There is also the issue of the charges which have appeared out of nowhere and were never seen until the judgement. I was hoping to get them to get the CCJ set aside or go in front of the judge and explain where these charges came from, I just think that they have no real explanantion and add the extra money at judgement which is free money.

Hi, I always thought that time was not an issue as with the bank charges just because you were ignorant of a process then doesn't mean you can't challenge it at a later date when you now understand what is going on. Maybe I am wrong. There is also the issue of the charges which have appeared out of nowhere and were never seen until the judgement. I was hoping to get them to get the CCJ set aside or go in front of the judge and explain where these charges came from, I just think that they have no real explanantion and add the extraa money at judgement which is free money.

pt2537, did you manage to find any info?

Hi Buzby, I have just found out that he has sold the company to someone else even though he still works there and they have changed it to a limited company. Does this make difference?

Thanks for the quick reply, I will do that first thing tomorrow.

I will check to see if they have any on their business card as soon as I can find it. Does sound like a good idea though.

It was definitley a partnership, but the other partner has left due to the others drinking habits which resulted in complaints from other people as well. The baillif backed off saying that he will send in the new company details and send them to me. This has not happened yet and may have to chase up. Called the accountants, the receptionist still answers the phone using the old name, confirmed the other guy had left and said the company had not been sold, but this could be down to her not been aware of what exactly what was going on between them. I did not include any of their names on suit but just the old company name. Also, the company was not Ltd Companies Clauses Act 1863 (c.118) I had a look around and found this page on the internet. Buzby, did you just substitute the new name for the old on the suit?