Hi Elsa Thanks for the clarification CAG DELL

Hi Can anyone tell me what section of the CCA states that if a creditor issues a defective default notice and then terminates the agreement, they then cannot issue a new corrected default notice and all they are intitled to is the amount owing in arrears, as ai read somewhere on the site that this is true, but have being informed by a solicitor it is not true. Need clarification Thanks CAG DELL

Hi Andy Thanks, so all it boils down to is the invalid default, termination letter and failure to comply with sar. So what is best cause of action, wait and let DCA take me to court and then produce default, termiantion letter and tell the judge that cit have failed to comply with sar, inform him/her that i'm also still paying the £50 per month as agreed and that cit has failed to collect servers, do you think i could charge them for storage Regards

Hi Andy Agreement below

Hi Andy Whats a "sec77/78 request on the the agreement from the OC", really what i was after with the sar was all logged phone calls between me and them and all letters sent received, i have the agreement they sent me the original back by mistake and it has no t&c' on it, the t&c's i quoted was from the back of the invoice. Also correct me if i'm wrong, but if the default and termination is invalid, then all they are intitled to is the £976.24 arreas, plus since date of termination i have paid back about £500, so really i would only owe £476 Regards

Hi Andy Thanks for that, here is a quick brief summary, i was self employed, about 2 year ago i ceased trading, i wrote to cit and informed them of this and asked to terminate the agreement under the t&c's TERMINATION: Either party may terminate if the other: 2) becomes insolvent or is unable to pay debts as they fall due. Well as i'm unable to pay the debt, and i informed them of this they agreed to collect the servers, i have the telephone conversation about this. But 2 years on and i still have them. It was also agreed that i would pay £50 per month to pay what i owed, and i still am paying. They have had DCA onto me and eventually i got so fed up i sent them a SAR to cit, which 6 month down the line they have not replied to, with the DCA when i informed them that the account was in dispute and informed them to remove all information they have about me, 2 weeks later they replied saying that all information has been removed and the case has been referred back to cit. I have not heard anything until last week when another DCA has send me a letter stating i owe over £6000. Well as the account is still in dispute as they have not replied to SAR, i believe they are in breach of the data proctection act and CCA, and as you have stated, the default and termination are invalid so am i correct in assuming that: 1) Passing my details to DCA they are in breach of DPA and CCA 2) Failing to supply information for SAR, they are acting unlawfully. 3) Any attemt at court action by DCA will fail due to invalid default and termination letters + failing to comply with SAR. Have i forgot anything Regards

Hi Andy Thanks for the quick reply, what do you mean by "No service allowed", is that the 14+2 days for postage. Regards cagdell

Hi New to CAG and need some help on default notice. Can anyone help with verifying if the default and termination notice below is valid, the default notice is dated 16/11/2008 and arrears must be paid by 20/11/2008, what i have read on the forum is the date would make the default invalid as its not taking into account postage. Also if you notice the arrears value "Total Due" = 712.53 but add the amounts up and it comes to: 608.48. Also outstanding balance is: 3879.74 but add it up and it is 2938.09 Images are posted below, will post further details about this later: