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Everything posted by king100

  1. Dx100uk The issue i have with the default is the default letter was stating if you dont pay within 14 days blah blah blah and that was dec 2015. How come it takes them 6 months to register it as default. I always thought default is from last payment of the debt. Need clarification of when a debt is considered defaulted.
  2. Are they likely to send more letters asking for payment? Even though we took you to court please please still pay us.
  3. Ok cool thanks. Now onto the credit ref agencies. Lowell have just updated it on 6th Dec as if they had won, they have increased the debt to a little under £4k which would have been the total inc costs if they had won rather than the £3.1k which is the original debt. Suggestions?
  4. Ok so now need to work the default date, as its soon to hit 6 years. On credit file the default date is end on May 2016. I know ive gone over this before but if the above date is wrong I want to be in position to say its SB if they want to have another bite at it.
  5. Evening So tomorrow at 10 I have a video call. Is there any case law for them not complying with sending me the terms and conditions. Should i mention to the judge that the claiment has sent paperwork to wrong address, even though on my letter I stated new address, and also on an email, at least 3 weeks before they sent it. My defence is default notice is invalid. Case law as mentioned above and no terms and conditions sent as per sec78(1) CCA. Possibly PRA Group v Holmes. Im trying to cover all bases incase they say default notice in compliant.
  6. With the information to hand ie the default notice. What is the correct default date? Credit score says 31st May 2016 uet they gave me 2 weeks before default in Dec 2015?
  7. The only real note is the above, unable to locate application details for this account.
  8. The whole file is 2 inches thick. On phone, will try and do some more tomorrow. Any particular priorities needed.
  9. Did it under GDPR basically anything with my name. Its too large, about 2 inches thick. Mainly copies of letters sent. The above that i wrote about is below. rsz_120211206_220519-converted.pdf
  10. Ive emailed court with new address as per their email reply when you contact them. Will call tomorrow to check that they have correct address. When I sent those my correct address was on there but moved since. Any thoughts on the GDPR and the lack of application details on file admitted by vanquis.
  11. Do I need to post up their claim, i had to drive to old address to collect it even though i had emailed them ages ago with my new address. Trying it on. Emailed them 3rd Nov with new address. Their paperwork sent 22 Nov to old address. Ive also got someone elses default letter in the paperwork and still no terms and conditions. Claiming that ticking the elexctronic application is as good as. I also GDPRd them. In multiple quers it states New Query created ##/##/#### Agreement with terms and conditions. Reason proof of debt. Query sent to client ##/##/#### Response received from originating client ##/##/#### Query response - unfortunately we are unable to provide the application details for this account. The fact that they are relying on the application form in their claim. The application form from previous post.
  12. Nope no new courts docs to new address. Last letter was the date of court case to old address.
  13. On another note. I emailed the claimant with my new address as moved since claim started. Also emailed the courts. What happens if they post to my old address? And that i have proof of the email being sent and received. I have access to old address and can easily check but they dont know that.
  14. How does that sound? 14. The default notice is invalid pursuant to sec 87/88 of the CCA 1974 & The Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 The default notice has to be accurate in terms of the arrears owed. In this case the £200 asked, is an overstated amount, from the £144.88 that would be needed to bring the account within the credit limit. This effectively ended the agreement as the £200 was not paid and the agreement was terminated on a wrong amount. See Woodchester Lease Management Services Ltd v Swain and Co. It could also be considered as unlawful rescission of contract which would prevent the Court enforcing any alleged debt. That is because the agreement was terminated on an incorrect arrears amount requested.
  15. They also havent sent me terms and conditions even though ive asked 3 times for them
  16. whats the incorrect amount? The £200? Would this be no 14 in witness statement?
  17. Andyorch Been along day already, need to send the paperwork tomorrow as court date is 15th. Tried ready 87 and 88 but cannot see the reason why it would be invalid. As Dx says i need to find out myself so can argue in court, but i honestly cant see why. Only thing i can see it says Notice of default and then says formal notice of default. Then on thr other side says this is a default notice. All ref numbers at the bottom match.
  18. So default notice says Your account balance is £2144.86 Your credit limit is £2000 The arrears on the account are £200 This can be remedied if you submit a payment sufficient to clear the arrears.
  19. Sorry been a long day at work, but still dont get it. 87Need for default notice. (1)Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,— (a)to terminate the agreement, or (b)to demand earlier payment of any sum, or (c)to recover possession of any goods or land, or (d)to treat any right conferred on the debtor or hirer by the agreement as terminated, restricted or deferred, or (e)to enforce any security. (2)Subsection (1) does not prevent the creditor from treating the right to draw upon any credit as restricted or deferred, and taking such steps as may be necessary to make the restriction or deferment effective. (3)The doing of an act by which a floating charge becomes fixed is not enforcement of a security. (4)Regulations may provide that subsection (1) is not to apply to agreements described by the regulations. (5)Subsection (1)(d) does not apply in a case referred to in section 98A(4) (termination or suspension of debtor's right to draw on credit under open-end agreement). 88Contents and effect of default notice. (1)The default notice must be in the prescribed form and specify— (a)the nature of the alleged breach; FAILURE TO MAKE MINUMUM PAYMENT (b)if the breach is capable of remedy, what action is required to remedy it and the date before which that action is to be taken; £200 TO BE PAID WITHIN 19 DAYS (c)if the breach is not capable of remedy, the sum (if any) required to be paid as compensation for the breach, and the date before which it is to be paid. NO MENTION OF COMPENSATION (2)A date specified under subsection (1) must not be less than [F114] days after the date of service of the default notice, and the creditor or owner shall not take action such as is mentioned in section 87(1) before the date so specified or (if no requirement is made under subsection (1)) before those [F114] days have elapsed. 19 DAYS (3)The default notice must not treat as a breach failure to comply with a provision of the agreement which becomes operative only on breach of some other provision, but if the breach of that other provision is not duly remedied or compensation demanded under subsection (1) is not duly paid, or (where no requirement is made under subsection (1)) if the [F114] days mentioned in subsection (2) have elapsed, the creditor or owner may treat the failure as a breach and section 87(1) shall not apply to it. (4)The default notice must contain information in the prescribed terms about the consequences of failure to comply with it [F2and any other prescribed matters relating to the agreement]. THEY WILL TEMINATE AGREEMENT [F3(4A)The default notice must also include a copy of the current default information sheet under section 86A.] (5)A default notice making a requirement under subsection (1) may include a provision for the taking of action such as is mentioned in section 87(1) at any time after the restriction imposed by subsection (2) will cease, together with a statement that the provision will be ineffective if the breach is duly remedied or the compensation duly paid.
  20. I understand that, thats why Im here. Ive read and reread 87 and 88 and still cannot find the reason, the only thing I cant see is any mention of fees.
  21. Possibly? The default notice dated 02 December 2015 (Exhibit 1) states that the Account balance is £2144.88, the Credit Limit is £2000 thus the arrears on the account are £144.88, not the £200 as stated in the letter. Section 87(1) of the CCA 1974 states that the debtor in accordance to with section 87.1 issue a default notice before the creditor or owner can become entitled. The arrears are £144.88. Under section 87(1) or 88 there is no provision to charge a fee whilst issuing a default notice and thus the default notice in invalid and claimant has no entitlement to the debt.
  22. The default notice dated 02 Dec 2015 states Account Balance is £2144.88 Credit Limit £2000 Arrears on the account £200 does that make it invalid. is this stronger than then not having terms and conditions
  23. the default notice has wrong £££ states I need to pay £200 when in fact Im only over by £144ish
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