in dispute? default notice and cca?

[willtheywontthey]

Anybody want to enlighten me about the above?

 

When does a credit card or bank account become in 'dispute' - is it as soon as we ask for our 'charges' back? What do you have to do to bring a 'dispute' about and how does this stage help matters?

 

Had a couple of letters in past saying something about a default notice but I assumed it was all usual baloney stuff as at the time I paid up and nothing more came of it (last year some time).

 

Issue now is all these charges have built up (head in sand didn't help!) and now I am just about managing to juggle owed payments from salary each month - tend to leave one or two different companies out to avoid more charges from my bank - also have cancelled DDs as the bank was making about 100-300 quid on that going amiss each month.

 

In the case of some nasty letter arriving (which will sooner rather than later I fear) what exactly are the credit card companies supposed / allowed to / usually do regarding getting overdue amount? Bear in mind I am not more than one month behind ever - does this make a difference?

 

What is this cca?

 

Thanks heaps.

[petrified]

a cca is a request for a true copy of the origional agreement between you and the creditor

 

they have 12 days +2 to respond then it goes in to default then you can stop making payments on it

 

they then have a further calander month to send you this if they do not comply they commit an offence and should be reported to trading standards for non compliance

 

if they cannot provide the agreement they cant enforce the debt

 

as i am quite new im sure if anything that is slightly inaccurate someone who has more knowledge tham myself will correct me

[shane5408]

hehe had a good chuckle when i saw your username!

 

what I suggest you do is send CCA requests to all your current creditors (except bank overdrafts as they are exempt) You can find the letter, you need letter N - http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html make sure you send them recorded delivery for proof of postage and receipt.

You also need to write at the top of each request 'I acknowledge no debt to your company' and enclose a payment for £1 preferably as a postal order if possible. Also, don't sign the letters just printing your name will suffice.

 

We send these requests to ensure the creditors have a legal right to enforce the debt, if they cannot supply an agreement or the one they supply is missing certain terms it contravenes the Act & REgulations and could be unenforcable.

 

From when the letters are received by the creditors they then have 12 working days to respond, until they do the accounts go into dispute during which time no further action should be taken by the creditor. If after 12 working days they still haven't responded the creditor enters into default and is unable to enforce the debt until the situation is recrtified. If after a further 30 days they still don't respond they comit a summary criminal offence.

 

With regard to charges on the account to ascertain those you need to send a SAR to the creditor, this then gives them 40 days to comply and will furnish you with all info/docs they hold on you including either a list of all charges or statements. you can then begin claiming back the charges.

 

Lastly, you mentioned you were served with a default notice, if you paid the sum they demanded to remedy the breach within time then the default would not of been registered against you i would consider writing to the CRA's and requesting copies of your credit report, think they charge £2 each. If you find there is a default and there were penalty charges on that account then there are grounds to have the default voided as it would of over estimated the sum due, will elaborate more on that later on if you have a default.

 

kind regards,

shane

[firstwithit]

Hang-on a bit, I dont think that CCA would be appropriate as it reads as though the accounts are still with original creditor and he is looking for different info as they arer not quite upto date.

[rory32]

When does a credit card or bank account become in 'dispute' - is it as soon as we ask for our 'charges' back?

Yes.

 

Hang-on a bit, I dont think that CCA would be appropriate as it reads as though the accounts are still with original creditor

It makes no difference whether they are with the original creditor or not for the purposes of a CCA request.

 

Issue now is all these charges have built up (head in sand didn't help!) and now I am just about managing to juggle owed payments from salary each month

Do you know how much the charges are? If you don't you will need to send a SAR to find out.

[shane5408]

Firstwithit,

 

There isn't any merit in waiting for a DCA to being assigned then sending a CCA request, if you can avoid involving a DCA you should always try and do so.

 

regards,

shane

[willtheywontthey]

as far as I know I'm still getting bills from same original bog-standard credit card companies... one in summer mentioned default notice thing and I paid minimum as usual... no idea what that meant, if anything to be honest.

 

I am in middle of quite a few credit card claimbacks but not got any debt collection agencies after me (yet!)

 

Is there a set rule for when credit card companies can a. issue default notice (whatever it is! thanks for earlier explanation of the paying in time bit = cancellation) and b. start giving you real hassle.

 

Is it 2 or 3 or x missed minimum payment? No payment after x amount of days? Any amount overdue and we'll do what we want how we want? Any set rules?

 

thanks... being pessimistic here - but best to be ready with knowledge.

 

thanks

[shane5408]

Hi,

 

It's normally after you miss 3 consecutive payments that they consider it a breach of the contractual terms at which point they would send a notice to issue default,

 

I would send of the CCA requests for now, let the creditors prove they have a legal right to collect the debt, if/when you get responses post them up here and we can advise further.

 

kind regards,

shane

[tifo]

As far as i am aware, claiming charges DOES NOT put an account in dispute and i have been told this by the Bank, FOS and TS. They say its because the legality of charges has not been tested in court yet so i cannot dispute them and they remain legal until proven not to be, and they won't investigate something that is already the subject of a court case.

 

I have had this on 2 accounts recently which were sold to DCAs while my charges claim on each is on hold re test case. Now the DCAs are chasing for the whole amount, most of which would be wiped off if the bank paid up. So i am waiting for a refund which i would have got had it not been for this damn waiver and yet the DCA is chasing for the whole amount. It seems to be legal for a bank to put a hold on your charges claim yet sell/chase the debt itself.

 

The only thing i can see is that if the DCA takes an account to court, i might be able to ask for a stay, like the banks do, as it consists of charges and i cannot say for certain how much is owed until after the test case and the refund.

 

It's not a good position for consumers and everything works against us.

[majorclanger100]

Yup Tifo is right - I've been told the same thing by TS and the OFT. According to the OFT there cannot be a dispute on an account if you are trying to reclaim bank charges because this will only be decided by the infamous test case. Therefore the banks are free to continue to charge fees, and to make your life hell by involving DCAs. I've invited both my bank (Barclays) and the DCA (Credit Solutions) to take me to Court but they won't because they know I'll just apply for a stay - they'd rather use harassment in the hope they can grind you down.

[Seahorse]

As faras I am concerned, I AM disputing my bank's right to charge what they want. Doesn't matter if there is a test case ongoing as far as I'm concerned.

 

Bank charges me £xx. I dispute that the overdraft that is created by this action is lawful. It is up to them to convince me they are correct. Until they do so, I continue to dispute the defaulted (and it has nearly got to that stage) amount they wish me to repay.

 

They say I owe £xx. I say no, I don't. Ergo, there is a dispute.

 

As far as I'm concerned anyway, it's a case going through the ENGLISH courts, so what has that to do with me, as I am governed by SCOTTISH law?