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  • CAB Swansea Bay representative
    Hi Wanttocleamydebts, thank you for your query regarding HMRC debt problems.
    Unfortunately we cannot advise on issues relating to a limited company debts but would suggest you contact Busines Debtline on 0800 1976026 or www.bdl.org.uk.
    Hope this is of assistance
    ďOfficial CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe Iíve broken any rules please report my post to forumteam@moneysavingexpert.com as usual"
  • CAB Swansea Bay representative
    Hi Madcow9uk, thank you for your query re please help.
    I am a bit confused about your post as it is not clear when you paid off these debts with the companies but unfortunately if you were jointly named on these bills/accounts you are liable for the full amount as is your ex-flatmate and if they have moved abroad then it is likely you will be the one they will chase for repayment. You could of course take action against your ex-flatmate to repay what they owe you but again may not be worth the court fees if they are abroad or have no income or assets. I would suggest you check that you are not still associated with your ex-flatmate on your credit reference and if you are you can request to be disassociated. You can also ask for a notice of correction to be placed on your credit reference explaining the situation but this will not guarantee you will become more credit worthy. You have said you have been given a "good" score by Experian so the problems with you getting credit may have nothing to do with your credit reference. It may be because you have changed address lots of times in the past or are not on electerol roll? You can get advice on your credit reference at www.adviceguide.org.uk and there are threads on this forum about steps you can take to restore your credit reference.
    Hope this is of assistance.
    ďOfficial CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe Iíve broken any rules please report my post to forumteam@moneysavingexpert.com as usual"
  • BigBadBald
    Advice Sought
    I'm hoping someone can provide advice.

    In 2000 British Gas supplied my electricity. At that time, mistakes were made in billing, and I complainted by telephone and letter. I heard nothing further about the matter, but didn't chase up. I point blank refused to pay the final bill until the situation was resolved.

    9 years later, a default was applied to my credit file, without any warning or attempts to contact me.

    Two weeks ago, I noticed this (2012!), and queried this, to be informed that British Gas held no record of any query and that the default could only be removed if the amount was paid prior to the default being added, otherwise, the default would remain on my credit file.

    I'm interested to know what my legal rights may be regarding this.

    ... if there are rules regarding defaults being applied without notification to an individual.

    ... whether under data protection rules, 9 years is acceptable for retention of data (given a limited company only requires 7 years for record storage).

    Many thanks.
  • CAB Swansea Bay representative
    Hi BigBadBald Thank you for your query regarding advice needed

    I am a bit confused about your post as it did not state whether you had a successful resolution of the complaint and whether a final bill was ever agreed. If British Gas never responded to your complaint and you made it clear you considered the bill to be in dispute they should not have added a default to your credit reference and I would suggest you make another complaint to them stating this with all information you have about the previous complaint and request they remove default notice from your credit reference. If they do not reply or you are unhappy with the response you can make a complaint to the ombudsman at www.ombudsman-services.org.

    If the complaint was resolved and there was still a outstanding balances then British Gas would have been correct in applying a default to your credit reference but that should only stay on your credit reference for 6 years from the date of default so again I would suggest you make a complaint about this to British Gas and could also ask for a notice of correction to be added to your credit reference.

    It is important when making complaints to clearly title letter "complaint" and keep a copy and get proof of postage or send recorded delivery.

    Hope this is of assistance.
    ďOfficial CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe Iíve broken any rules please report my post to forumteam@moneysavingexpert.com as usual"
  • SkiNellieB
    In Oct 2008 I attended a university to study for a degree. I failed my course due to health problems and left the course in Oct 2009 owing money for accommodation fees. In Jan 2010 they pursued me through a debt collection agency (Clark Willmott), but as i was sick and unemployed I was unable to pay and did not seek help until a CCJ had been made against me, due to mail being sent to my parents address when they were not there. The CAB in the university town assisted me at the time, had the judgement set aside, and was told they would contact me again soon. I have since moved house twice and heard nothing further from them until last week when someone knocked on my parent's door and served me with a notice advising me that because I hadn't attended a hearing at the county court in early June, I was going to be imprisoned for 7 days if I didn't go to court at the end of August.
    My Dad called the court manager, but they just told him to complete a form asking for this to be set aside as I didn't receive the original requests to attend a hearing, which were sent to a previous address. I don't know what I need to complete on the form they asked me to send in ( N244), as it is asking for things I don't really understand, like a draft of the order I am applying for, whether I want a hearing or not, or what type of judge I need to hear it. Can anyone help? I am not denying I owe the money, but have had no correspondence from them since I went to CAB about it well over two years ago. The deby will now likely be unaffordable, as fees and court costs will have been added on I expect.
    • fermi
    • By fermi 9th Jul 12, 6:16 PM
    • 39,279 Posts
    • 47,107 Thanks
    fermi
    There is info to help filling in the N244 in this link.

    http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=12_how_to_set_aside_a_judgment_ in_the_county_court#chapter5

    Including an example form here:

    http://www.nationaldebtline.co.uk/england_wales/pdf/n244_form_example.pdf
    I'm a Board Guide on the Debt-Free Wannabe, Bankruptcy, Credit Cards and Loans boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Any views are mine and not the official line of moneysavingexpert.com. Board guides are not moderators. If you spot an inappropriate or illegal post then please report it to forumteam@moneysavingexpert.com

    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • CAB Swansea Bay representative
    Hi SkiNellieB, thank you for your query
    It sounds like you have been served with a summons to attend a means hearing or a hearing to obtain information. This is a complex county court procedure and I would suggest you seek advice from a specialist debt adviser. You can find your local Citizens Advice Bureau at www.citizensadvice.org.uk. They can discuss options for dealing with the debt including varying the judgement to an instalment order at an affordable monthly payment or if that is not possible, look at options such as a Debt Relief Order or Administration Order. The applicability of these options will depend on the amount of the debt, other debts you may have, your available income and other circumstances.
    Regarding the application to set aside the judgement, as you have already done this it is unlikely another application would be successful. It is really important to attend the hearing and provide any information requested and it would be a good idea to prepare a detailed budget, proof of income, proof of employment status and employer details and details of any assets you own. You can find more information on www.adviceguide.org.uk.
    Hope this is of assistance
    ďOfficial CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe Iíve broken any rules please report my post to forumteam@moneysavingexpert.com as usual"
  • monika
    Credit Rating after DAS
    Hi there, I wonder if you can help - my husband and I are currently paying off our debts through the DAS scheme - we are paying off around £51K at £900 per month (we have been paying this for around 2.5 years now) - we are considering selling our house at the moment which would give us the finance to pay back the DAS in full around 2 years early. My question is, are we allowed to do this? If yes, how do we go about doing it - do we speak to the CAB (who we originally set up the DAS through) or to the people we pay the £900 per month to?? Would our debtors expect us to pay back the interest on our outstanding loans/credit cards etc or do we just pay the outstanding agreed DAS amount? Also I wondered how long after paying back the DAS debts in full it would effect our credit rating?? I seriously do not want any futher credit - the only thing I'm worried about is, if we sell our house in order to clear the debts, how long would it be before we could get another mortgage - I don't mind renting for a while but I don't want to be off the property ladder for too long?? Sorry a bit long winded I know, but there are just so many things going round my head I don't know which way to turn!! Oh, and I have also tried to go back to my local CAB to ask these questions, but they never come back to me and I'm really desperate to know the answers to my questions before I decide on putting the house on the market. Many thanks for any help!!!
  • CAB Swansea Bay representative
    Hi monika, thanks for you query regarding credit rating after DAS.
    I am presuming from your post that you are in Scotland and are referring to the Debt Arrangement Scheme. Unfortunately this forum is manned by advisers from English and Welsh Citizens Advice Bureax so I cannot advise you on Scottish law as it is very different. I would suggest you contact your local Citizens Advice Bureau again and there is information that may be of assistance to you at www.adviceguide.org.uk/scotland.
    Hope this is of assistance.
    ďOfficial CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe Iíve broken any rules please report my post to forumteam@moneysavingexpert.com as usual"
  • DrewEdgar
    Hi, I'm hoping someone could help me.
    My girlfriend and I where due to get married in a few months time. However I lost my job so we could no longer afford it. We informed the venue, giving 5 months notice.
    They have sent us a letter saying they are go to take us to court because we have not paid the full bill. (We paid the deposit and realise we wouldnt be getting it back).
    They are saying it states in the term and conditions that the full bill needs paying if its cancelled with less that 6 month to go. We havent signed or even seen the these terms and conditions!
    So basically im asking can they do this if we havnt signed anything?
    Thanks.
  • kitman29
    Hi
    My employer has received an attachment of earnigs order for someone with the same name as me but it is in relation to somebody at an address that is completely different to mine, and i do not have any debts or ccjs etc against me.

    I have contacted my employer to receive a copy of the order which i beleive they must do under data protection, but they are refusing to send this to me. i am trying to establish if there is any information on the order that actually links it to being me such as correct full name, correct address, correct ni number, correct employee or payroll id. i dont believe that any of this is shown on the order but at the moment i am unable to actually prove this.

    I have contacted the hr department and they are saying that it is up to me to sort it all out and they wont do anything at all, i must contact the court that issued the order to send my employer a letter to say that the debt isnt owed by me.

    I believe that their stance is wrong, i believe that my employer should have responded to the order telling the court that nobody of the description in the order is in their employment, or they should have deducted this from sonebody that did match the details in the order. eg if they have two people with the same first name and last name how would they determine who the order relates to if none of the other details match?

    I am unsure what my next course of action should be, whether i can hold my employer responsible for making this mistake and that they should not be making this mistake in the future. Should i complain further to my employer or take further action against them for being negligent, or should it be down to me to sort with the court like they are saying?

    Thanks
  • CAB Swansea Bay representative
    DrewEdgar
    Hi

    If you donít yet have a firm agreement with the trader, you can change your mind without having to pay anything. You should contact the trader at once to say you donít want to go ahead with the service and then confirm this in writing.

    You may not be sure whether youíve made a firm agreement with the trader. If youíve signed an agreement or definitely told the trader in some other way that they can do the work, itís likely youíve made a firm agreement. For example, if youíve fixed a starting date or paid a deposit, this is likely to be a firm agreement.

    If you have made a firm agreement

    Once youíve made a firm agreement with a trader, you have a legal contract with them, even if there is nothing in writing. If you cancel a service under these circumstances and thereís nothing in your contract to say you can cancel, youíll have broken your contract with the trader. You will probably lose any deposit you have paid and the trader may even take you to court to claim back the loss of the profit they would have made on the job.

    Your agreement with the trader may contain specific terms about cancellation which may include a fixed cancellation charge. If you feel the cancellation charge is so high that itís unfair, you could challenge it. This is particularly advisable if itís a standard term in the traderís contact and not one you were able to negotiate with the trader yourself. You should see whether itís possible to negotiate a lower charge with the trader.

    You could also contact Citizens Advice Consumer on 08454 04 05 06 for free confidential advice. You could also visit www adviceguide.org.uk/wales for further advice on consumer issues

    ďOfficial CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe Iíve broken any rules please report my post to forumteam@moneysavingexpert.com as usual"
  • CAB Swansea Bay representative
    kitman29
    Hi

    You could start by applying for your credit report from Experian, Callcredit or Equifax this will tell you if a CCJ is registered against you and which court made the order.

    Once you have done this you can contact the relevant court requesting details of the order ie creditor details. You can then contact the creditor direct and ask them for information regarding the debt you are suppose to owe.

    If you still disagree that you owe the money you may apply to the court for a hearing to have the judgement set aside. I would suggest that you visit your local bureau for specialist advice on this.

    You didn't actually say if the deductions are being made from your wages.

    I suggest you take a look at www.adviceguide.org.uk/wales/employment or www.acas.org.uk for further advice regarding your employers rights & responsibilities.

    Hope this helps

    ďOfficial CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe Iíve broken any rules please report my post to forumteam@moneysavingexpert.com as usual"
  • Andrew268
    Default now satisfied but can I have it removed from my credit file?
    Long story. In 2009 I bought a Laptop on one of the mobile broadband deals with T Mobile. At the time I had set up the monthly direct debit to come out on the first of the month. I then had to go to America for a few months on a military exercise. While I was in America I was not aware that my direct debit had not been set up as I believed and they tried to take the payment Later in the month. As I was away this quickly snowballed. By the time I got home T Mobile had already handed my debt over to a Debt Recovery Agency. This is where it gets really interesting. I did not receive any correspondence from the debt recovery and so I contacted T Mobile. They again informed me that the debt had been passed to the recovery agency and that they couldn't do any more for me. I contacted the debt recovery and was told that they had no record of me. I then proceeded to speak to T Mobile and the debt recovery several times but always getting the same response. I got so frustrated that I decided to give up trying and did not make any further calls. I never received any letters during or since. 2 years later I found that I couldn't get credit and on checking my credit file found this default on it. I wrote to T Mobile and finally received a letter from the debt recovery and finally was able to start making payments. I tried explaining what had happened to me at the start but they didn't really care. I have now paid off the debt in full and was wondering if I can get the default removed from my credit file, especially with the circumstances I encountered? My main concern is that I am looking to get a mortgage in the near future.
    • Former MSE Wendy
    • By Former MSE Wendy 6th Aug 12, 4:40 PM
    • 868 Posts
    • 1,782 Thanks
    Former MSE Wendy
    Hi folks

    Can I make a request that this thread is only used for people to ask a question and for the official CAB representative to reply.

    It's great that so many want to try and help answer questions but we would like to keep the sticky threads as official as possible.

    This doesn't apply to non sticky threads in the CAB board where any replies you are able to give are appreciated.

    Thanks all
  • CAB Swansea Bay representative
    Hi Andrew268, thank you for your query regarding default satisfied.
    Whether you can dispute the default and ask the company to erase it from your credit file will depend on when the default was registered and whether there was a debt outstanding on that date. If you had paid the debt in full before the default was registered then I would suggest you write to the company and request they remove the default. If you had an outstanding debt which you do not dispute owing then there is very little you can do except add a notice of correction explaining the reason for the default and that you attempted to make payments. You can find more information about putting a notice of correction on your credit file at www.adviceguide.org.uk.
    Hope this is of assistance.
    ďOfficial CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe Iíve broken any rules please report my post to forumteam@moneysavingexpert.com as usual"
    • charitycase
    • By charitycase 9th Aug 12, 11:34 AM
    • 41 Posts
    • 4 Thanks
    charitycase
    County Court Claim Advice
    Hello,
    I am currently unemployed and I have been sent a County Court Claim for an outstanding payment. The form sent to me outlines four possible responses which include :
    "1. Admit the claim or amount claimed and/or you need time to pay
    2. Admit part of the claim
    3. Dispute the whole claim or with to make a counterclaim against claimant
    4. You need 28 days from the date of service to prepare your defence, or wish to contest the court's jurisdiction
    5. You do nothing, judgement will be entered against you"

    If I choose the first option, and admit the claim, but request that I be given more time to pay this amount, would the court still pass a judgement on me? Would I still end up with a county court judgement in my name?

    I am unable to pay the amount (approx £1800) immediately, but I would like to choose the option that would avoid a county court judgement, if that is possible.

    I am actively seeking employment, and I fear (I may be wrong!) that a county court judgement may hamper my chances of finding employment.

    Any advice on this matter would be much appreciated as it is proving to be impossible to contact any advisers on the phone at my local CAB. I have until the 23rd of August to respond.

    Thank you!
  • CAB Swansea Bay representative
    Hi Charitycase, thank you for your query regarding county court claim.
    Unless there is a reason why you dispute the amount you owe, such as you have paid the debt previously or never owed the debt in the first place, or want to counter claim as you think the claimant owes you the only option you have is to complete the admission. If you do nothing you will have a default judgement entered against you are will be at risk of enforcement such as a bailiff warrant or a charging order if you own your home. The admission gives you an opportunity to state a date by which you can make payment in full or to make an offer for an instalment order which will require you to complete an income and expenditure form. If you do not pay the debt in full within 30 days of the judgement date then it will be recorded on the register of judgements and be registered on your credit reference. I would suggest you complete an income and expenditure and make an offer of repayment which if accepted by the court will avoid further enforcement action.

    Regarding your query about a county court judgement effecting your chances of finding work. A county court judgement is different from a criminal record and will not show up on a CRB check but an unsatisfied judgement can effect certain jobs, especially those in the legal or accountancy profession so it will depend on the type of work you are looking for.

    Hope this is of assistance.
    ďOfficial CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe Iíve broken any rules please report my post to forumteam@moneysavingexpert.com as usual"
  • CAB Swansea Bay representative
    Hi SaveAholic, thank you for your query regarding refund from travel agent

    At the moment CAB Representatives are only answering certain topics on the MSE forum and we’re afraid your question is not within those areas. Others may come along to help with your question but you may also prefer to post it again on another board (see the MSE forum index) - and especially the Consumer Rights one for help on this.

    Alternatively you may find an answer on the Citizens Advice self-help website Adviceguide - which has information on services and contracts for them. And if you need further help, you could try contacting our Consumer Helpline (details also on the website) or your local bureau.
    ďOfficial CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe Iíve broken any rules please report my post to forumteam@moneysavingexpert.com as usual"
    • Pippin12
    • By Pippin12 20th Aug 12, 12:55 PM
    • 507 Posts
    • 1,487 Thanks
    Pippin12
    Hi, I hope you can help me.

    I have one debt of £5000 to a credit card company. I am severely disabled and receive DLA high rate care and low rate mobility and income support with a severe disability premium as well as housing benefit for my rented council flat.

    What I would like to know is whether I would qualify for a DRO. In particular:

    1. If I don't include my DLA and severe disability premium into my income I have £30 a month surplus after everyday household bills. However if I include my DLA and severe disability premium I have over £50. Is DLA and the severe disability premium included in calculating income?

    2. What things are counted as assets? I don't own a car, don't have savings or other assets. What l I have is a cooker, fridge, microwave, TV and laptop.

    I would be so so grateful if you would get back to me.
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