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Default dated moved by Sol acting for 1st Credit

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  • Default dated moved by Sol acting for 1st Credit

    Some of you may have read my thread on an incorrectly set-out stat demand served upon me last year by a sol acting for 1st Credit. It's been a long process of trying get find out how he was allowed to do this and how he got away with setting out the stat demand. My first complaint against him was not found in my favour by the SLCC and if I wanted to challenge their findings, I'd have to do so in court. Handy, that, eh?

    Anyway, this thread is about the placement by 1st Crud of a second default marker against the account they bought from the OC. I only discovered this by accident last year when someone suggested I look at the file to see if the sol placed a default. What I found was rather perplexing. The sol issued his (laughable) default letter on 25 May, 2012 but when I finally got to look at the file it showed 1st Crud had marked a default date of July, 2008, some three years after the OC served the default and some four years before the monkey sol served me with his, which was served on behalf of 1st Crud. Incidentally, the update of that file was October, 2011, but I don't know if that's when the whole file was updated or 1st Crud were tryign their hand as they bought the account in July, 2011.

    So, here we have a (non in-house) solicitor issuing a default notice. This sol has a licence for debt collection but how can he think he can issue a default notice? Also, the monkey fails to understand that a default is only ever issued by the OC and if any arrears and not recitified, the agreement can be cancelled.

    Let me log the timeline of this account:-

    • OC issues default in July 2005; payments halted in spring of 2009 after CCA reveals incorrectly set-out agreement.
    • OC notifies me in July, 2011, of assignment of balance on account to 1st Crud earlier that month.
    • May 2012 sees me notifying sol of complaint to SLCC and DSARing him.
    • DSAR uncomplied with; sol cites 'legal priviledge' but attaches default letter dated May, 2012
    • Credit File viewed September, 2012; default placed by 1st Crud in July, 2008, before they had taken possession of the account!!


    I am amazed at the stupidity that's being shown by these people but what really worries me is that they can do what they damned well want, without fear of being censured. My credit file is in a bad way but has been getting stronger since 2005. Now, here we have an attempt at damaging it further with a marker 1st Crud had no right to place there in the first place. Incidentally, if anyone wants to see the sols default, I'll post it up.

    Comments, please!
    Last edited by Captain Haddock; 17th January 2013, 13:34:PM. Reason: Addition and correction
    Tags: None

  • #2
    Re: Default dated moved by Sol acting for 1st Credit

    Same thing happened to me. Got it removed eventually. They can't, as you know, Default you twice for the same debt, however much they repackage it and sell it on.

    Comment


    • #3
      Re: Default dated moved by Sol acting for 1st Credit

      The whole timeline above is disgraceful! :mad2: If you defaulted in 2005 your credit file should be clean by now.

      First step would be to complain to the CRA, setting out the sequence of events as above. If that fails, your next step would be the ICO.

      Be prepared for a long, drawn out process though.

      Comment


      • #4
        Re: Default dated moved by Sol acting for 1st Credit

        That's right Parrot. It will get taken off eventually fer sure. But its a right royal pain in the a55 getting the CRAs to do anything about it. I agree that the OP needs to focus his efforts on the CRAs though.

        Comment


        • #5
          Re: Default dated moved by Sol acting for 1st Credit

          Equifax did not want to know; told me to take it to 1st Crud or IO. It's asbolutely bizarre: a default placed before assignment in 2011 and default letter sent by the monkey sol in 2012. It's almost laughable if it weren't so serious! What's really annoying is that 1st Crud totally ignored my request to remove the 2008 marker, forcing me to go to the IO.

          And as for that dog of solicitor, I'm still trying to find out how he thinks he can send out a default letter. The man's an a***.
          Last edited by Captain Haddock; 17th January 2013, 13:36:PM. Reason: correction

          Comment


          • #6
            Re: Default dated moved by Sol acting for 1st Credit

            Well write to the CRAs or email someone there who is more senior to the monkeyspanks that respond to the general email enquiries. I have the names and emails of the bods at Experian and Equifax that are higher up the organ grinding machine if you want them.

            Comment


            • #7
              Re: Default dated moved by Sol acting for 1st Credit

              I first contacted the IO at end September; I finally got a case number and request for details just before year end. I know this is gonna be a long haul. I just wish these firms would get fined/censured for this behaviour. They're scum, the lot of them.

              Comment


              • #8
                Re: Default dated moved by Sol acting for 1st Credit

                As expected, the OIC has gone into hibernation mode on my complaint but this whole thing - the SD, the sol's fanciful default and the 2nd default marker place by 1st Crud on my file - still rankles with me. I'm not prepared to wait on the OIC sorting this out (if the even can) so can I sue 1st Crud for placing this marker? I've heard that this is an option and I'd relly like to light their fire with a legal shot across the bows!

                Any advice?

                Comment

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