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BizHelp24 Edition
No. 6
 November 1999

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November 1999 - Small Business News

 

Barclaycard Join the Action

 

Barclaycard will now give you a premier line for the Internet and then charge the calls to your Barclaycard - As we advised you before: unless you pay your Barclaycard off every month, those 1p calls will soon get expensive

 

Change Phone Company Keep Your Number - Hewitt

 

People and businesses will have the right to keep their telephone numbers when they change telephone companies, Patricia Hewitt, the Minister for Small Firms and e-commerce announced on the 22 October. Under the proposals in a joint DTI/OFTEL consultation paper, from 1 January 2000: Any telephone company providing fixed telecoms services to the public that decides to take on a new customer who wants to keep their existing telephone number must be able to make the service available using the customer's existing number; and, All telephone companies providing fixed telecoms services to the public must be able to pass a customer's existing number to a new operator or service provider at the customer's request.

 

Launching the consultation, Patricia Hewitt said: "This is excellent news for businesses or people at home who wish to change their telephone line supplier but want to keep their existing telephone number. Not everyone is able to do this now. But from the year 2000 everyone will have this right. Source Creditman

 

INTERNET

 

Map Your Business

 

Another good resource for any web site. Multi Map has a street by street image of the UK. The idea is to go to the web site, find your business address etc, and then link to the Multi Map site. Simple, free and useful. Multi Map

 

INVESTING

 

A Fool and His Money

 

A web site called Fool gives you all the answers to investing and finance in a language we can all understand (hence 'fool'). You can personalize the info you want to hear about: and who knows maybe one day we will all understand how to make a lot of money. Worth a look.

 

SMALL BUSINESS

 

Companies House Forms on the Web

 

Companies filing information at Companies House can now use forms taken from its web site, Companies House. The 11 forms most commonly used, which account for approximately half of the forms Companies House receives each year, may now be printed directly from the web site. "We know from feedback," said Mark Pacey, Head of Marketing, "that these forms are at the top of our customers' wish list for new items on our web site. I'm sure they'll be a popular addition and we will look to add more forms in the future." The forms are provided in PDF format, using Adobe Acrobat Version 4 reader software. Current legislation requires live signatures on forms submitted to Companies House, so the forms are not available for electronic filing. Forms available on the web are:

 

10 First director and secretary and intended situation of registered office

10cs Continuation sheet for form 10.

12 Declaration on application for registration.

225 Change of accounting reference date.

287 Change in situation or address of registered office.

288A Appointment of director/secretary.

288B Resignation of director/secretary.

288C Change of particulars for director or secretary.

395 Particulars of a mortgage or charge.

395cs Continuation sheet for form 395.

410 Particulars of a Scottish mortgage or charge.

Source Creditman

 

FINANCE

 

Self Employed Mortgage

 

A company called Mortgage Intelligence "the UK's largest group of mortgage brokers" are confident that the self employed who have "no accounts" and "only 10% deposit" can own a home. Worth a look.

 

 

TOPIC

 

Credit Repair Fact or Myth?

 

There is much debate about credit repair companies.

 

Can they remove CCJ’s?

 

Can they get the money owed on a CCJ reduced?

 

Lets start at the beginning.

 

1. You do not pay a bill, a loan, an invoice etc

2. You receive a formal demand for payment from the creditor *

3. You ignore the demand

4. The creditor sends you a ‘Claim Form’ (previously a Summons) demanding payment within  

    14 days or your defence in writing (following court rules)

5. You ignore the Claim Form

6. The creditor asks the court to enter a Default Judgment (the CCJ) **

7. The court send you the CCJ giving you 28 days to pay ***

8. You ignore the CCJ

9. When the 28 days expire, the CCJ will be on your record for 6 years ****

 

Notes:

* The demand must say who you are, delivered to where you live (or work), who the creditor is, their address, how to contact them, what is owed, what it is owed for, when you must pay the amount by and what will happen if you do not pay i.e. “if you do not pay £100 by 12/11/99 we will take legal action”.

 

** When the Defendant (debtor) does not reply to the Claim Form (previously Summons) the court enters a ‘Default Judgment’. The term Default means you defaulted on your opportunity to respond to the creditors claim.

 

*** If you pay within the 28 days the CCJ is not recorded if you contact the court

 

**** On the sixth anniversary of the date of the Judgment the CCJ will automatically erase from your credit record.

 

Now back to the credit repair.

 

The fundamental issue with all credit repair opportunities is did you receive the Claim Form (previously Summons). If you did, you cannot remove the Judgment. However, this is not the end of the matter with most (but not all) credit repair companies. If you are prepared to state that you did not receive the Claim Form (previously Summons), and you have a reasonable reason why you did/could not receive it, you have the grounding for a successful credit repair. You will complete a few forms with the credit repair company and make an application to set aside the ‘Default Judgment’. 

 

You cannot set aside a CCJ that you knew about, did not pay, but can pay now. However, credit repair companies may correspond with a company that secured a CCJ against you, say, 3 years ago, for £7,000 and offer them, say, £4,000 if they not object to a credit repair and application to set aside the Judgment Default of their CCJ. If you have paid off a CCJ that is 3 years old the credit repair company cannot use the leverage of paying the creditor some money not to object to the credit repair: the credit repair company relies on the creditor not being bothered to object. Credit repair companies are most effective if you have not paid any money towards the CCJ. If you settle a debt after the first 28 days, the CCJ will not be taken off the register. The file can be marked as ‘satisfied’, if you apply to the court.

 

A further problem can exist on your credit record that is as destructive as a CCJ: a ‘Default’. If you miss two to three payments of an agreement (Hire Purchase, Lease) the creditor can send you a formal default letter. A CCJ and a Default are both regarded as serious information by lenders etc. You cannot pay or satisfy a Default: it is just there! An inexperienced clerk at a finance company can send a Default to you without any supervision or serious default.

 

My Personal Summary:

The credit repair companies are under immense pressure from government, credit counsellors, finance companies and institutions: and of course the main credit reference companies who rely on poor credit ratings to earn profits – at times it is difficult to see who the ‘goodies’ are! Should someone who went through a very difficult time in the past have the opportunity to correct his or her standing in life before a 6-year term? I know of many such cases where debt had very little to do with recklessness, and more to do with such things as poor health, redundancies etc.

 

Banks and finance companies use computers to sort the good from the bad. With CCJ’s lasting 6 years (and the computer treating a 1-month debt the same as a 5 year 11 month debt) the punishment is out of proportion to the ‘crime’. The choice is a personal one: to use or not to use. Our peers (governments, Lords etc) have been making laws to abide by, and ethics to follow that they at times do not abide by themselves – do you think our peers would use credit repair?

 

How to Check Your Credit File

Firstly, if you have never checked your credit files do it now!

 

There are two companies that supply 99% of all credit reference requests.

 

Experian Consumer Help Service

PO Box 8000

Nottingham N61 5GX

 

Equifax (Dept 16)

PO Box 3001

Glasgow G81 2DT

 

Write to both companies with all of your addresses in the past 6 years (provide postcodes, go to Roya Mail if you need them). If there are two of you, married or not, you will need two separate applications. Send each application with a £2.00 cheque, payable to the name of that company. The information will be sent to you in about 14 days. A useful booklet that explains what to look for and what to do if you see any problems will accompany the information you receive. Some credit repair companies charge an outrageous amount of money to get to this stage. Whether you use a credit repair, or not, you should get your own file from the credit reference companies and scrutinize the information. The two things you are looking for are:

 

1. County Court Judgment

Judgment, CCJ or however it is described The information will provide the date of the CCJ, case no., court name, value, defendant, and whether satisfied.

2. Default

Date and amount of default.

A Default is a formal demand for payment of some form of Agreement, say, a Hire Purchase Agreement that you have missed three payments of. A Default must contain a number of regulatory requirements. That it is served under the Consumer Credit Act, the demand must say who you are, delivered to where you live (or work), who the creditor is, their address, how to contact them, what is owed, what it is owed for, when you must pay the amount by and what will happen if you do not pay i.e. “if you do not pay £100 by 12/11/99 we will take legal action”, and finally that you should seek advice… A CCJ and a Default are both regarded as serious information by lenders etc. You cannot pay or satisfy a Default: it is just there! (Very, very unfair). An inexperienced clerk at a finance company can send a Default to you without any supervision or serious default.

 
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