Hi, pre CAG, i had the same card payment set up with MBNA, i had to say to the bank i lost the card to stop them taking money off of it. If you are going to pay them standing order is the way to do it.

GG

Hi, also be careful, HSBC will also use their offset rule and put any other debt you may have with the bank into your closed current acount without notice, as they have with me. Illegally in my opinion and i am still fighting them over it.

GG

Thanks to you both for the info, thats what i thought as to the agreement.

Sorry for the bump have not been on here for a while.

Thanks again

Regards

GG

bump

last post

Hi all, and happy new year.

Slick or anyone, could you tell me, on a business acount, the loan and overdraft should have a signed agreement for each account? If they have not got/cant produce any signed agreement's only reconstructed ones that have no signature, is that sufficient for them in court.

Any help much appreciated

GG

Hi itc

They should not serve a DN for the full amount, only the arrears, asking for the full amount would make the DN invalid IMO. Also they cant terminate the account until a valid DN has been served and the time line has expired, then a termination notice should be sent to you, but in my experience they rarely do.

GG

Thanks rhodium, i stand corrected you are right on this issue. So much info to digest, i got this muddled up.

Thanks again.

GG

Thanks pt, ive digested so much info over the last 18 months on here, and i haven't got enough brain space to remember everything.

Much appreciated

GG

Could someone enlighten me, i believed that a creditor couldn't sell a debt on without first serving a Default notice, i still believe this to be accurate, so if anyone could point me to the exact regs/legislation for this i would be grateful.

GG

If you own a debt you can asign it to whoever , agreed, but you will need to of served a valid DN prior to selling it on.

GG

I have sent 4 SAR's, and not one has sent the DN in question, i dont think they regard it as personal data, so if it doesn't turn up with the request i would send them another letter asking for it, because its pivotal in this case.

GG

I would also ask for the DN they should have already served, because if they haven't served you one or they cannot prove they have they will be on the back foot in this case.

You might want to brief yourself on the cca1974 on this issue, because without a valid DN they cannot sell the debt on, let alone any court action being taken.

IMO the NOA is not in correct format, im sure others more experienced than will confirm this.

Did you request the DN in your SAR, because they probably wont send if you didn't.

GG

If there is no valid DN, then any assignment or NOA ( the NOA posted earlier on your thread is a very poor one at best) would be invalid and against regs.

I would ask them for the DN and proof of service.

Are you at court stage yet? or are they huffing and puffing?

GG

You could explain to them, that they have been sending correspondence to your address all this time, why do they need you to sign something now.

GG

If you do sign it make sure you alter it enough so you know if they try to use it. IE. put 2 straight lines through it.

But they shouldn't need you to sign it, i had a similar situation with them but it was sorted out on the phone and they sent the request to me.

Dont get to exited about what they might send you though, usually the same old guff about what they have to comply with under s78.

Blank up to date form and no T&C's.

Good luck

GG

Has the OC served a DN before selling this debt?

GG

Any notice that they rely on in court, you would ask the court to order the claimant to prove service which i doubt they could do.

In all my cases (3) to date the court have asked the claimant for proof of service of the DN, and not one have been able to come up with it.

GG

Just stick to your guns, no DN thats enough for this claim to be struck out, i have had a claim struck out for this reason.

Be strong

GG

I was only stating my thread to compare poor DN's, not cases.

If you want to get a default removed you have a long hard road ahead, you might want to have a look at PT's (site team) thread on next.

Good luck

GG

Help with court/set aside-next cat *** WON STRUCK OUT *** (1 2 3 4 5 ... Last Page)

guzzleguts

Hi SC

Have a look at my thread, next sent me a DN but it was just a threat letter and i had it struck out at court, and they had to pay my costs.

I would of thought that next may have got their act together regarding DN's but obviously not, what Muppet's:D

Regards

GG

Hi all

Its still ongoing, a lot of correspondence is changing hands but getting nowhere.

Thanks DD but it was a loan not a credit card, dont think that matters though.

After all the letters i have sent they will not comment on what they have done, they just get their DCA monkeys at MCS to hassle me.

I think they know they are in trouble because they havent issued any claim forms, as i have been asking them to do.

GG

Thanks SS for the PM and info

Regards

GG

Hi sian2010

Have a read through THE SALES OF GOODS ACT 1994, it put me in a strong position when i had a dispute with Dreams, i got a new mattress by threatening to issue court proceedings in the county court, for defective goods.

GG

Not surprised, well done

GG

Good luck for wed, If Cohen's turn up.

I think it should be struck out under CPR 3.4 para 2 (b) & © abuse of court process and not complying with a court order.

GG