hi tobasco. Phoning court in the morning to pay extra sum to have my n244 read to them in court. If they ever turn up. Not that they ever comply with the courts anyway.

At what point are they allowed to claim the interest? If everything is in order, which we often see is not the case, is the interest from the original default date or the date of sale to the dca?

Oh thanks DD, I always love a bit of good news ha ha.

whats happening with this tobasco?

I received a rather lengthy letter from N&P today. It gives a rough picture of the goings on of the account closures and opening siting visa payments being 'guaranteed' etc even on closed accounts. they have been very careful not to actually admit any wrong doing at all despite placing a closed account as defaulted for £86.78 when that said account was closed with a clear balance and this sum was 100% charges to the account. from advice sought here, that in itself is actually illegal is it not? I know i have the resault i wanted but i am payned by the grief they have caused me and the expense of letters, time and sar request costs etc. Can I claim any of this back from them? I know they have not admitted any wrong in the letters but if placing an account as defaulted when its all charges then surely they can be made to pay some compensation???????

Just got the details from abbey account and it seems this was sold to robbers way before they changed name etc. Robbers don't seem to have defaulted the sums but simply changed the name from abbey to robbers way despite not buying the account till 2009 they are still claiming interest from 2007. Let's see if I can string this along till Oct when it becomes sb. Ind I put that there for you.

Brig, am I correct in the thinking that if an account was defaulted on Xxx dates by blogs bank on your cr files. Then later sold to a collection agency. They dca cannot then simply change the name from blogs bank to dca robbers? I ask as an account was defaulted in 06/07 and sold in 09 to a dca and they simply changed the name. I am of the understanding that the dca should send you an noa and dn etc before they could default you.

I think I now understand why northampton have sent my n244 to be heard on notice to the claimant. Ford mentioned it possibly so the courts get them in front of them. DD, I hope you don't mind me noting your thread for ammunition of their ignorance and blatant disregard for the statutes.

Lovely, just got home to a letter from the courts asking for another 35 pounds to allow for a hearing. Just to get them to supply paperwork they should supply anyway. Cheek of it lol

That's ok asokn, when I get the court date I will be dotting the i's and crossing the t's with you guys. Can't have them getting away with a technicality because I have used the wrong legislation or precedent case notes. The advice on here is always impeccable.

Askon, I am fully prepared believe me. I take nothing for granted either. Although I am not a lawyer I do have training in aspects of law relevant to my work so I am looking forward to facing these scoundrals. Just didn't expect it to be to make them comply with statutory duties. If I didn't comply with the relevant stat duties I am bound by then I would be in front of a judge with my tail between my legs

I did. That's why I was confused to see its to be read in my local court on notice to them. Unless the judge that read my application is fed up with them not complying maybe they want to put them straight once and for all. Am waiting to here from the courts now.

Checked all 3 agencies today and default has been removed from all 3. Great result just so annoying we have to remind them of their duties to get this achieved when it shouldn't happen in the first place. Funny thing is n and p have not informed me of this action to date. A big thank you to all who helped with this.

That is a very handy document thank you. I particularly like the last 3 paragraphs on transferred debts. I will be using this in my defence. Thanks again. Only part I didn't find in it was about charges making up the default sum.

My application was to set aside if they didn't comply but now its going to be heard on notice to robbers way.

Exactly why I pose the question. If a noa or dn is not received then its a breach of the consumer credit act and as such can you send a variation of this letter to tell them they never had permission and still don't so they must remove all defaults? Some may think this is pulling at straws but for me it seems logical sense within the thread?

What if the debt is not proved as being signed over to the DCA as in many cases on here?

Brig, N&P reopened my closed account 3 times due to a dd being under £100 and missing the flag system they have, twice i paid the fees they put onto the account which they reopened in each case. the final and third time they reopened the account was for something i had cancelled 3 months prior and i called the company and they reversed the money. (the other two times were dd's missed by my new bank when they transferred the dd's from one account to another). n&p reopened the account to allow the third payment and were kept informed of the third parties mistake and then put charges on the account. would it be proportionate to use this template in this case as surely my contract with them was cancelled the first time i closed the account. I am clutching at straws somewhat as i am refusing to pay the £78 charges because they are just that, it isnt even like i have gained anything for the charges, i got the money refunded not them. so frustrated.

Had a look at the 3 cra's and n and p have stated settled on one but not the others. I have not settled neither have they told me anything in writing. I did receive a letter from them this morning, I quote: I have provided you with all information held electronically or in a relevant filing system. Manual files which are not held in a relevant filing system are not disclosable under the data protection act. I can find no record of any legal action between us. The five notes (screen shots) represent the only records of such call held on our computer system. I am therefore satisfied that the society has responded properly to your sar request. Unquote. Ok, so why is there no dn with the sar paperwork? No follow up paperwork to my compliant from a year ago. No copies of letters or warnings sent to me. I could do with some help with my response letter.

thank you for your reply Ford. A tad late though as the 7 days have passed. I thought it meant they have 7 days to apply not me lol. It will be interesting to see what happens about the interest though. Can't wait to see if they turn up or send someone else. Long old trek from peterborough though lol And all because the lady liked milk tray.

[QyUOTE=Ford;3764495]'default records should show the original amount of the default...' see eg p13 etc default guidance pdf here http://www.consumeractiongroup.co.uk/forum/showthread.php?323570-Default-Info Thanks Ford, I will try and argue the case with the cra's but I won't hold out much hope. The only ones that will make an adjustment is callcredit. The other two request you contact the debt holder and they alone will be able to adjust the record.

Hey, I can't believe my eyes. Robbers way have increased the default on the credit reference agencies without a court judgement. How on earth can they be allowed to do this? In short, they have added the costs and interest to these sites so anyone checking my file thinks I owe even more.

Considering this is in response to my n244 request for the court to ask for the documents they rely upon, not the actual case itself, you would like to think they would turn up. Court paperwork states 'to be read on notice to the claimant '

Thank god for that.

So getting allocated to my local court is not a bad thing then. Let's hope they turn up to face the music then. Must be costing them a fortune in travel costs lol.