Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


Results 1 to 17 of 17
  1. #1

    Default AA loans/BOS - claim discontinued

    Hi All,

    I have an unsecured loan and due to redundancy have not been able to pay since January this year. Balance over 20,000 monthly payment 285. Went via CAB and proposed a token payment of 1/month in March.

    Anyway all seemed well as proposal accepted - seemingly as an ongoing amount. Checked my credit file and noticed it was defaulted as of 31/7/09.

    Original Creditor is AA Loans and currently dealing with Blair, Oliver and Scott (Bank of Scotland DCAicon).

    As I had no default notice queried with Blair Olivericon Scott in August, recorded delivery complaint. No reply back so today I rang to find out what had happened. BOS stated AA would have defaulted before account was passed so needed to speak to them. Rang AA and initially said default issued in April, when I asked about proof of postage came back and said that they had not issued a default but asked BOS to send one when account was 4 months and a penny in arrears.

    BOS had already stated that no default had been issued so I am asking what should I do now. If they have defaulted me without sending a default notice what does that mean.

    What is the best way to move forward without getting into trouble. They accepted 1/ month without any fuss so I really do think they have done the right thing. What options are open and what advice would people give



    Many thanks
    Mike


  2. #2

    Default Re: Defaulted Loan - No default Notice

    Hi,
    I think you will need to get all that has been said in writing as they will deny everything that has been said otherwise.
    As I see it, you could demand they remove the default but then there is nothing stopping them issueing another one (properly)

    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 comment made, you should see a qualified solicitor
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  3. #3

    Default Re: Defaulted Loan - No default Notice

    I presume they haven't terminated the account.....as Foxy has said they can issue one whenever they like, if they terminate and then issue a DN, then it would be an unlawful recission of contract.

    PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

    DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk...65-legislation

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    I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

    IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.
    Before you decide,consider the users here who have already offered help and support.
    Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.
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  4. #4

    Default Re: Defaulted Loan - No default Notice

    On the phone both AA Loans and BOS stated the account was terminated but I do accept the only evidence of this is my credit file. AA stated that they terminate/default when an account is 4 months in arrears. As I was paying 1 a month this occurred when the July payment (5th) was missed. So they action-ed the default early July. However rather than send a default they stated they asked BOS to send it.

    Date of default 31/7/09 on credit file, which fits with the dates stated by AA Loans.

    How can I get this in writing without them trying to cover it up, they are no doubt aware of an issue following my phone callsicon yesterday asking when the default was issued.


  5. #5

    Default Re: Defaulted Loan - No default Notice

    You could try and SARicon each company but to include all call transcripts (you may need to give them dates of calls)
    With a little luck, any screenshots may show what they have done with the account

    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 comment made, you should see a qualified solicitor
    Please help CAG. Order this ebook. Now available on Amazon. Please click HERE
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  6. #6

    Default Re: Defaulted Loan - No default Notice

    Thanks, seems sensible to request what they have so Subject access requesticon to both. 20 but may turn out to be worth it.


  7. #7

    Default Re: Defaulted Loan - No default Notice

    OK, so they have now gone into cover up mode and I need advice as something seems wrong. I received the attached letter which now confirms they die not send the default and low and behold they have sent another.

    What a shame I alerted them to the error, silly boy. Is there anything worth trying nor. I am obviously going to complain but feel as though they will cover everything up.


  8. #8

    Default Re: Defaulted Loan - No default Notice

    personal details been left on Boro!!!

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  9. #9

    Default Re: Defaulted Loan - No default Notice

    First off you dont say anywhere that you've checked that the agreement is enforceable - is it?

    Unless they terminate, they can issue a DN when they like

    and

    Dont ALWAYS assume that there has to be a default notice issued for a default to be placed at a CRAicon. CRAicon's are commercial entities that tend to do what their customers want to be done.


  10. #10

    Default Re: Defaulted Loan - No default Notice

    I've unapproved the offending post, could you re-post without the personal details

    Thanks for the 'heads up' mandyjayne.

    Any advice I give is honest and in good faith.
    If in doubt, you should seek the opinion of a Qualified Professional.

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    Help keep it up and active, helping people like you.



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  11. #11

    Default Re: Defaulted Loan - No default Notice



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  12. #12

    Default Re: Defaulted Loan - No default Notice

    Oops


  13. #13

    Default Re: Defaulted Loan - No default Notice

    Oops, think I'll ask if they would consider a write off in the circustances. Re the agreement it is valid apart from I believe it should be a multiple agreement as it paid off a previous loan.

    In one sense a shame as they accepted my pound a month but its not as if they need the money really.

    Attached Files Attached Files

  14. #14

    Default Re: Defaulted Loan - No default Notice

    They confirmed the account was terminated when I first asked the question in October. As I said at first, reply now confirms no default was issued at this time. As I was made redundant and have nothing to pay I am going to simply write and ask the account be written off in the circumstances. Nothing to lose I guess!


  15. #15

    Default Re: Defaulted Loan - No default Notice

    Just to Update everyone - AA issued proceedings on this and I had a no win no fee solicitor defend
    RESULT : Feb 2012 claim discontinued.
    Great as balance was still over 20Ka


  16. #16

    Default Re: Defaulted Loan - No default Notice

    Thanks for the update and very well done.....can you tell us a little more about why they discontinued or what they did wrong ?

    PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

    DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk...65-legislation

    IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

    I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

    IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.
    Before you decide,consider the users here who have already offered help and support.
    Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.
    If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.


    Forum rules - http://www.consumeractiongroup.co.uk...ease-read.html
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  17. #17

    Thumbs up Re: Defaulted Loan - No default Notice

    As above - they issued proceedings without a default notice. The agreement should also of been a multiple agreement but it was not. I have not seen the defense put forward as I was just happy to see this disappear!

    Extract from dispute letter below:

    "I am writing in response to your letter dated 9th November 2009 which now confirms in writing that no default notice was issued at the time our account with AA Personal Finance was terminated. Before your letter we could not be sure this was indeed the case and I thank you for confirming this in writing. Without being sure I felt it would not be wise to dispute the debt in case, for example the notice was simply lost in the post. Now your letter has made clear no default notice was issued we formally dispute the debt and we no longer offer token payments. This letter should clarify why we feel this is reasonable in the circumstances and propose a solution to this issue in both our best interests.
    The consumer crediticon act makes it clear that a default notice is required when an account is terminated. Both AA Personal Finance and Blair Olivericon and Scott made it clear on 27th October that the agreement had been terminated. This was also a matter of record with the Credit reference agencies for some months before this. What appears beyond any doubt now is that the account was terminated by AA Finance sometime in March 2009 without a default notice being issued. Your letter now serves as written confirmation of this and as a result finally clarifies what actually happened.
    Therefore AA Finance terminated the agreement unlawfully at or around March 2009. Under elementary contract law in England AA Finance become the contract breaker and we are the injured party. As a result we have the option to accept the termination and recover damages. It is worth noting the following case in support of this position. In Golden Strait Corporation v Nippon Yusen Kubishka Kaisha [2007], Lord Bingham said:

    'The repudiation of a contract by one party ("the repudiator"), if accepted by the other ("the injured party"), brings the contract to an end and releases both parties from their primary obligations under the contract. The injured party is thereupon entitled to recover damages against the repudiator to compensate him for such financial loss as the repudiator's breach has caused him to suffer. This is elementary law.
    For clarity we ACCEPT THE CONTRACT TERMINATION given the circumstances.
    So what does this mean, well the agreement is terminated now and as a result neither of us bound by its obligations. In addition you cannot now correct this by the issue of a Default Notice which you appear to be trying. There is no longer any agreement between us on which to serve such a notice. The only debt which we possibly now legally owe as a result is the arrears when the account was terminated. In your letter you states this is 581.34, which may or may not be correct.
    Moving on from this I would ask you now to review the original agreement. The agreement may be unenforceable anyway as it is not set out as a multiple agreement. This is required by the Consumer Credit Act 1974. Part of this loan was kept by AA Finance to clear our previous loan. This means this was a multiple agreement and the original agreement was therefore wrongly drawn up. This in itself means it is also questionable whether a court would be able to enforce the arrears owed at the time of termination, namely 581.34.
    Bearing in mind both these issues and in an attempt to save time, effort and future costs I ask you give serious consideration to the following simple resolution. Write off this account and remove all details of the account from the credit reference agencies."



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