Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Hi there,
after receiving a default notice letter of style about 3 1/2 weeks ago, i've sent a CCA request to them.
I have not had any reply or ackowledgment to that.
Today i received an Account Termination letter of them, letting me know that they had served a default notice on me and that i haven't complied.
Is there a good response i could send them regarding the default??
I know i need to send the "in dispute letter" off , but what do i do regarding the default they gave me whilst not complying with my CCA request?
Thanks,
Jellybabe
Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?
It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"
Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.
Aside from the fact they have defaulted and terminated while the account is in dispute, can you check the default notice to make sure it is valid,
Does it give you 14 days to rectify the default?
Is the termination letter dated after the default rectification date?
Have you kept the envelopes?
fox
If you are asked to deal with any matter via private message, PLEASE report it.
Everything I say is opinion only. If you are unsure on any advice given, you should see a qualified solicitor
The Saga carries on.....since i left this place a lot has happened in my life and also financially.
The account has been passed around and is still in dispute. I have yet to see a proper CCA even though they insist (and also, they confirmed to the DCA) that they have complied with my request. I am now threatened with a home visit.
Letter 4 (or 3) deals with the home visit and letter 17 should be sent to whomever is chasing now as you never got your agreement from the original creditor.
If they have sent you something that may be an agreement. Post it up here (minus personal info) and let the experts have a peek
If you are asked to deal with any matter via private message, PLEASE report it.
Everything I say is opinion only. If you are unsure on any advice given, you should see a qualified solicitor
I will try and get this "agreement" scanned later on and post it for you to have a look. It is literally just an empty Credit Card agreement form. Nothing filled in and no signatures, and on the bottom sheets it has "COPY" printed on.
Right then,
i have finally managed to get it all scanned into a pdf file. Will try and post it here in a sec.
I noticed pages 2 and 4 are missing.They had sent me 2 sets of theose scanned pages and on both sets weren't pages nr 2 and 4??
Not sure what that means.
They also state that they have fulfilled their requirements by sending me a "true" copy of the agreement, a copy of the "current" terms of the card agreement, and for "statement of account" they sent me the latest copy (well, at that time it was the latest one) of a statement....letting me also know that if i wish any more duplicate statements prior to this date, to please contact them accordingly where they will advise me of the costs for these.
As if....£10 maximum is all i pay....through a SAR obviously. And i had done that already last year, or even the year before if i remember right.
That agreement bears no relation to you. They are allowed to send you copies of what your agreement would have looked like minus personal info and signatures but, if they brought that document into a court, a judge would ask where your signature was.
If they attempt to threaten court action, you could then try cpr 31.16 to get a copy of your original agreement.
I think it's fair to say they don't have a copy
If you are asked to deal with any matter via private message, PLEASE report it.
Everything I say is opinion only. If you are unsure on any advice given, you should see a qualified solicitor
Also....may i please be so cheeky and ask you to have a look at the CCA Shop Direct sent me in my other thread?
What's you opinion on this one please? You seem to know your stuff about CCA's.
It's located in post #82
could you post up both the termination and the default letters.
Before an account is terminated, you should have been defaulted. You cannot be defaulted after termination (there is nothing to default)
The other agreement on your other thread looks ok to me.
If you are asked to deal with any matter via private message, PLEASE report it.
Everything I say is opinion only. If you are unsure on any advice given, you should see a qualified solicitor
You cannot be defaulted on the same account twice. Did you not receive a default notice before the termination letter?
I would be tempted to SAR then to get copies of the account history to see when (if) they did originally default you. If they haven't sent you a default notice and then terminated, that is unlawful rescission
If you are asked to deal with any matter via private message, PLEASE report it.
Everything I say is opinion only. If you are unsure on any advice given, you should see a qualified solicitor
But looking at my first post, they had sent me a default notice and then about 3 1/2 weeks later the account termination letter.
So i think they did it all the right way.....apart from that they were in default of my CCA at that time.
meaning they defaulted and terminated my account whilst still being in dispute?
I did SAR them in 2008, but i think i might have to do it again to get an updated report on it all.
Who should i SAR....the ones that chasing or RBS? Or maybe both. The account had been passed around quite a bit in the last year.
First being Wescot (they gave up after i sent the "bemused letter" and now Robinson way, and they seem to be quite persistent.
As you have already done a SAR, there should be account history for you to check and see what happened before termination
If you are asked to deal with any matter via private message, PLEASE report it.
Everything I say is opinion only. If you are unsure on any advice given, you should see a qualified solicitor
OMG....i never knew how much paper work i actually have!
But anyway....i have found the Default Notice!
It doesn't seem to give me a date when to reectify, it just states 17 days from receipt of this letter.
But am scanning it in at the moment and will post it up after it's done.
... out... in... out... I'm shaking it all about...
Posts
11,407
Re: jellybabe vs Style card.Urgent help please
It seems to be in order
Always happy to help where I can!
Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?
It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"
Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.
jellybabe vs Style card.Urgent help please
Reply With Quote
Re: jellybabe vs Style card.Urgent help please
