Jump to content


  • Tweets

  • Posts

    • Documents arrived today dated 27th March.  This is a cc taken out a long time ago (2008) and they don't seem to have been able to provide a copy of a CCA agreement, just reams of print outs of lines of texts from old bank statements, default notices etc.   
    • Documents finally arrived today from PRA group.  New day have sent me lots of paperwork, copies of default letters and statements, print out of what looks like a CCA that would have been completed on online, IP address as signature.  This debt is not too old, so possible this is the true copy of agreement ?  Not sure what my defence would be beyond irresponsible lending. 
    • pers i wouldn't.. all you need to know is in the posts of that thread....that being section 127(3) of the CCA refers. if under a CCA return, the 'creditor' claims its a recon, it must not contain any details like a sig, tickbox, or typed name (whether you signed physically or by online tickbox) 1. those are not necessary in a recon, so why inc them? (faked??) 2, it cant thus be a recon!!, it must be a copy of the 'original' from the original creditor, not from a debt buyers filing cabinet. they shouldn't not be 'mixing' some original docs from the OC with crap from their filing cabinet, claiming its ALL a recon! because some of it is faked. just remember there are far more docs like NOA and a DN that are as equally important to a court claim of 'this debt is enforceable'. never rely solely upon the dodgy agreement argument.
    • India has thousands of small gold refineries which are facing more competition from big players.View the full article
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

RBS Default Notice


GirlAloud
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5509 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I have recieved a default notice from RBS (Tesco Personal Loan). I have written to them 3 times explaining my personal circumstances (husband left me with 40k of unsecured debt in my name). This particular loan was taken out in May 07 and I have made no payments since December (missed two x £325 payments)

 

I have not had a single 'personal response' from them nor have they attempted to ring (they have had a specific written request not to call). What should I expect now? Am I just small part of their 'toxic debt' which will be sold on at some point?

 

I am have prepared a budget (inline with the guidance on here and Debtline) and am struggling to pay priority debt, never mind even think about any of these unsecured debts (my budget shows negative disposable income at the moment!). I have taken legal advice about bankruptcy, but keen to try and avoid that.

Link to post
Share on other sites

GA,

 

could you scan the default notice and put it up on here so we can give an opinion on whether it meets legal requirements?

 

Please ensure you remove any personal details (account number, name, address, etc)

omnia praesumuntur legitime facta donec probetur in contrarium

 

 

Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

Link to post
Share on other sites

Have you sent a CCA request?

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

Link to post
Share on other sites

No CCA yet? Would the main aim of that to be prepared for legal action?

 

This what they sent (taken from a scan)

 

Dear

Branch: Tesco Personal Finance

Formal notice of intention to file a default and to take action to recover debt

Please note that unless, within 28 days of the date of this letter, satisfactory payment or arrangements for payment are made with the Bank, in response to the attached default notice, information about your indebtedness will be given to the following Credit Reference Agencies,

Callcredit

Equifax Europe Limited Experian Limited

The Group and other companies may use the record of default and any other information provided to the agencies when considering applications by you, or anyone else with whom you have a joint account or similar financial association, for facilities including motor, household, credit, life and general insurance.

The existence of information on accounts in default at the Credit Reference Agencies may

impair your ability to obtain credit or other financial facilities such as current accounts for a period of

up to six years.

In addition, responsibility for recovery of your borrowing will transfer to our Debt Recovery Area and only credits to your account will be accepted. All your standing orders and direct debits will be cancelled.

Any chequebooks not already returned to us must be returned immediately. Please be aware of the following:

The Cheque Guarantee card has been cancelled.

You no longer have authority to use the card.

The card is the Bank's property and must be returned.

Continued use of the card when there are insufficient funds to meet the transactions is

a criminal offence and may result in prosecution.

Our telephone lines are open Monday - Friday 8am-9pm, Sat & Sunday 9am-5pm to discuss your account.

The Royal Bank of Scotland pic. Registered in Scotland No. 90312. Registered Office: 36 St Andrew

Square, Edinburgh, EH2 2YB. Authorised and regulated by the Financial Services Authority. VAT

Reoistration No. GB 243-8527-52. Calls mav be recorded.

 

Page 2

 

Royal Bank of Scotland

Tesco Personal Finance

George House

36 North Hanover Street

Glasgow

G1 2YG

Credit Agreement relating to Loan Account Number The above Agreement contains a provision requiring you to make monthly payments. In breach of that provision the payments are in arrears to the extent of. You are therefore required to pay these arrears to us by the date shown below: -

Date: 11 March 2009

IF THE ACTION REQUIRED BY THIS NOTICE IS TAKEN BEFORE THE DATE SHOWN NO FURTHER ENFORCEMENT ACTION WILL BE TAKEN IN RESPECT OF THE BREACH

IF YOU DO NOT TAKE THE ACTION REQUIRED BY THIS NOTICE BEFORE THE DATE SHOWN THEN THE FURTHER ACTION SET OUT BELOW MAY BE TAKEN AGAINST YOU

If you do not pay the arrears by the date shown above, we intend to demand immediate repayment of the whole loan balance, plus any interest due and, if applicable, any additional amount which you may required under the Agreement to pay us if the loan is repaid earlier than its end date under the Agreement. We may take Court action to recover the debt. In addition, we may exercise our right of set off over any of your funds held elsewhere with us.

IF YOU HAVE DIFFICULTY IN PAYING ANY SUM OWING UNDER THE AGREEMENT OR TAKING OTHER ACTION REQUIRED BY THIS NOTICE, YOU CAN APPLY TO THE COURT WHICH MAY MAKE AN ORDER ALLOWING YOU OR ANY SURETY MORE TIME

* You should be aware that if we take you to court and get a judgment against you requiring you to pay us the money you owe us under the agreement, you may have to pay us both the amount of the judgment and interest under the agreement on all the sums owed by you at the date of the judgment until you have paid these in full. This means that even if you pay off the whole amount of the judgment, you may still have a further sum to pay.

IF YOU ARE NOT SURE WHAT TO DO, YOU SHOULD GET HELP AS SOON AS POSSIBLE. FOR EXAMPLE YOU SHOULD CONTACT A SOLICITOR YOUR LOCAL TRADING STANDARDS DEPARTMENT OR YOUR NEAREST CITIZENS' ADVICE BUREAU.

The Royal Bank of Scotland pic. Registered in Scotland No. 90312. Registered Office: 36 St

Andrew Square, Edinburgh, EH2 2YB. Authorised and regulated by the Financial Services

Authority. VAT Registration No. GB 243-8527-52. Calls may be recorded.

Link to post
Share on other sites

They should give you 14 clear days to remedy the Default as of 2006. I am not an expert as to the form and content of the Default notice itself but this thread should provide the info on that:

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/179944-default-notice-period-7-a.html

 

As for the CCA. Everyone is entitled to request their credit agreement (court action or not) and even though your agreement started may 07 it could prove useful. For if it has discrepancies that could provide you with a bargaining tool in your favour.

  • Haha 1

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

Link to post
Share on other sites

Doesnt look right

 

When did you actually receive it?

 

Are the words "BEFORE THE DATE SHOWN" underlined?

 

What other dates are on the letter (such as the date it was sent)?

 

Have you kept the envelope? if its in the bin, fish it out...NOW! (the envelope should show a postmark date?)

 

Is the amount shown as the arrears correct?

 

 

 

if they intend collecting anything over and above the current arrears they must by law issue you with one under consumer credit act in the correct form

 

(and trust me, correctly formed notices are like rocking horse "poo")

 

The 14 days should be, as Davey states, 14 CLEAR days, that is, not including either the day you received it OR the day upon which they state they will take action

 

The link given by Davey holds the info on this

 

(nice work Davey)

 

 

Please post up more info so we can assist you GA

Edited by ncf355

omnia praesumuntur legitime facta donec probetur in contrarium

 

 

Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

Link to post
Share on other sites

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

Link to post
Share on other sites

Found it - in one my own threads!!

 

Data Protection Act 1998

Subject Access Request

 

 

Dear Sir/Madam

 

 

ACCOUNT NUMBERS: xxxxxxxx and xxxxxxxx-x

 

Please send me the information which I am entitled to under section 7(1) of the Data Protection Act 1998 in relation to detailed occurrences relating to the account Numbers xxxxxxxx and xxxxxxxx-x

 

The following is by no means an exhaustive list but in the main this is what I require.

 

Please supply me with a complete list of transactions and charges relating to ALL accounting history with your organisation. Alternatively, a complete set of statements for that period will be acceptable.

 

Additionally, all records you hold on me relevant to these accounts, including but not limited to:

 

1. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to the accounts.

 

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company

 

3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response

 

4. True copies of any notice of assignment and/or default notice or enforcement notices that you may have sent to me, with a copy of any proof of postage that you hold.

 

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted.

 

6. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

 

7. Specific details of the fees/charges levied by any other agency in respect of these accounts and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

 

8. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.

 

9. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

 

10. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

 

11. A copy of all account statements for the duration of the agreement.

 

12. Please would you also advise me of the logic involved in any automated decisions taken by you about me pursuant to section 7(1) (d) of the Data Protection Act 1998.

 

13. A True copy of the consumer credit agreement section 77-79 of the Consumer Credit Act of 1974.

 

Any Other information relating to these accounts

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 Data Protection Act subject access request fee.

 

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...