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creditcruncha

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  1. Asking again... Guys, two questions: A) If a default notice is issued but is invalid becuase it does not give 14 days to pay, is it automatically invalid or do you have to actually write and state you accept their breach? If the latter, is there a period in which that has to be done? B) If the bank has confirmed they no longer have the agreement, will they still try and have a go at court anyway or is it likely they will not go to court without it?
  2. Bumping in the hope for comments on the two questions in the previous post.
  3. Guys, two questions: A) If a default notice is issued but is invalid becuase it does not give 14 days to pay, is it automatically invalid or do you have to actually write and state you accept their breach? If the latter, is there a period in which that has to be done? B) If the bank has confirmed they no longer have the agreement, will they still try and have a go at court anyway or is it likely they will not go to court without it?
  4. Thanks steve! But what if you have other undisputed debts such as overdraft or loan and only the credit card is in dispute?
  5. If a CCA is in dispute when does the six year limitation period begin to run? At the point of a(n invalid) default notice, at the point of a notice of termination, or when? Also after an invalid default notice if you correspond witht he bank to answer a letter does each time you write them reset the clock? Thanks guys and ladies!
  6. For someone recieving means-tested benefits, an injury claim settlement has to be reported as a change in circumstances. A neighbour is expecting to recieve a personal injury claim settlement of slightly over 7,000 and was advised she must report it but will be entitled a 52-week exemption period in which the amount cannot be counted for purposes of means-tested benfits, so that if in that time she spends naturally and then is left with less than 6,000 pounds it won't affect her benefits. However, she is wondering if she has some overpayment of housing benefit, does the 52-week expemption apply to that as well?
  7. For purposes of determining the date one was last paid (ie for a Tribunal claim deadline), if the last wages were paid by cheque, is the date of payment considered to be when you recieved the cheque or when the funds cleared?
  8. Thanks Johnny & Vint! The consusion is in that the bank is presenting whatever overdraft amount remains available, and some paid-off loan amount, as a 'credit' balances. A) Are these still off-limits to the bank for set-off purposes? B) On another matter, if a default notice was recieved demanding that an alleged overdue amount be paid by a date 14 days from the date on the notice - but the notice was physically delivered 2 days later - is it an invalid default notice? (notwithstanding that the bank had already confirmed it 'ended' the agreement). It appears to have been sent 1st class but the envelope has only a bulk postage permit imprint and no posting date. C) If that default notice was recieved is there any response that should be sent in relation to it and does a response have to be within a particular period of time? D) If the default notice is invalid are they able to reissue a valid notice?
  9. What if some of the overdraft facility not being used shows up as credit balance available on their statements?
  10. OK so if a credit card account is in dispute and no payments are being made on it, and the account holder has a curren account with overdraft at the same bank that, how can the consumer pay off and cancel the overdraft facility in such a way that the bank can not do a set-off against the overdraft and bring the overdraft back to its maximum?
  11. Thanks Johnny. Also a breach of the DPA as no signed agreement means no consent to processing my info on that account? Is it appropriate to complain to Office of Information Commissioner?
  12. Thanks Johnny! In any case isn't it an invalid DN if issued while the account is in dispute?
  13. Does a Default Notice have to be in writing or can it be by phone? Bank phoned and said they are issuing a DN and that if my contentions regarding the dispute turn out to be valid I will get back any charges. I asserted the DN will be invalid as the account is in dispute and they respnded 'if we stopped issuing default notices while an account is in dispute then everyone would just declare dispute and nobody would pay.' So it seems HSBC sometimes uses Default Notices as a speculative device to 'have a go' at bullying people into paying a disputed debt.
  14. Thanks guys. They've now started/attempted barrages of phone harassment including sometimes two calls in the same hour (as if I would change my mind/position within 60 minutes, when they have nothing new to add). Clearly it is for purposes of harassment. They say they've stated their final position on the matter (though they have not directly addressed most issues raised) and they are threatening to issue a default while claiming that they do not consider the account in dispute; ie, they dispute that it's in dispute. They say they will not add anything further. Very uncooperative and I would say further contributing to unfair conduct, where they completely ignore legitimate points raised as if they do not exist. What do I do when their threatened default notice is issued?
  15. Bumping for Britain. Comments & suggestions very eagerly invited. Also, does anyone have an opinion as to whether the Financial Ombudsman Service could declare the debt unenforceable? Insn't it the case that an FOS decision is binging on the Bank but the consumer can choose not to accept it if the consumer does not agree?
  16. If the Bank states that an agreement is unenforceable and at the same time admits they have no copy of a signed original agreement, isn't that misleading and unfair? Here's how they respond at Southend on Sea: After a period of non-response the Bank has written back declining the full/final settlement offer. They do not propose any alternative to settlement that would be acceptable to them. They state their position is that it is a valid and legally enforceable agreement [though they have stated in writing, and even attached a copy of that letter, that they do not have a copy of the original signed agreement - so HOW can it be legally enforceable then?]. They threaten that if there will be any default or breach of terms [but the agreement is formally in dispute!] they will invoke their rights under the agreement [of which the original they do not have]. And they also invite me to take legal proceedings and say they will vigorously defend. [Why would I want to take legal proceedings against them if it's ireedemably unenforceable anyway, in dispute, and they already stated they have no copy of the original?].
  17. Hi Pete. Point and recommendation taken, but a parachute account won't enable repayments on a loan which is regularly paid by Direct Debit out of an overdraft/current account all at the same bank as the disputed credit card agreement.
  18. So how does one make routine loan repayments while a credit card agreement is in dispute?
  19. Guys, if a Credit Card account is in dispute and at the same bank the debtor has an overdraft and loan accounts (which are in proper order)? If the loan is (re)paid out of the overdraft/current account by direct debit every month, then how can one be sure that whenever the account holder deposits enough money to cover the regular loan repayments the bank won't sieze it (or any available overdraft balance) and pay it to the disputed card instead of towards the loan repayment?
  20. Thanks RDM. That's in the Carey v HSBC case but is in relation to what amounts to enforcement. Doing so where an agreement is in dispute is arguably a breach of the Data Protection Act, if the debtor has not authorised them to convey personal data. Am I right Johnny?
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