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    • Having a little additional think about this, I think that your interests are best protected in the following way: You inform the seller that you are obtaining the quotes which I have referred to above. Having received the quotes, you then inform them that you are proposing to have the work carried out at XXX garage and that you will expect that the seller will reimburse you for the costs and associated expenses. You can tell them though that you understand that they may want to control the work being done to the car and so you are willing to allow them to do it but as the fault has manifested itself at this point and that it is clear that the problem is their responsibility, if they wish to carry the work out themselves then they will have to organise the collection vehicle and the delivery of it to you once the work is completed. Of course this will be very expensive for them and they will either fail to respond or they will refuse. Whatever their reaction, you would then go on to say that as they have failed to respond/declined the invitation to carry out the repairs themselves, that you are now going to your preferred garage – one of the two quotations which you have supplied – and you will have the vehicle repaired there. You are giving them an opportunity to comment. I think that if you use this approach, then you will be able to demonstrate very clearly that they had a choice and therefore they will be unable to disassociate themselves from the repairs which are eventually carried out at your chosen repairer. Even though this exchange of correspondence may mean that it will take a week or so longer to have your repairs carried out, I think you should do this in order to protect yourself in the best way possible
    • Please name the dealer   I would start off by sending them a letter of rejection seeing as you are within the 30 days. This doesn't mean that you have to reject it but it reserves your position. Secondly, on the basis of what you say, I don't think that you need necessary to find the cheapest place. You should be looking at the best quality that you can find. I think the best thing to do would be to get to competing quotations for the work you propose to have carried out – and not necessarily at the cheapest place, but a couple of proper reputable garages – authorised for that kind of vehicle. Inform the dealer as to what you are doing and providing with copies of the estimates for the work before you put it in hand. Give them five days to object or to make other comments. Make it clear to them that once the work is carried out that you will be looking to them to reimburse you. Of course you are opening a can of worms here because if you get some further problems – more serious – you may find that the dealer is starting to say that because you have carried out your own work so your own repairer on the car, they cannot now say that any defects were inherent in the purchase – and that they may have been introduced by 1/3 party repairer. I'm afraid that you have certainly fallen into a trap of buying a car a long distance away from where you live. We find that people often tend to do that because they think the car they have found is the only one in the world for them. They forget to factor in the difficulties that they will be if there are defects – particularly if the car stopped altogether – the cost of transportation to the dealer, the cost of having to travel up and down the country to collect the car – and of course these difficulties could emerge several times through the initial years of your ownership of the vehicle if you are relying on your statutory rights and expect the dealer to meet those obligations. Furthermore, if you have to bring a court action against them you are now dealing with multijurisdictional claims – suing out of Scotland against the defendant in England and that adds to the complications. It's too late for you to do anything about this – unless you actually decide to reject the vehicle – but at the very least, other people who come across this thread may get some benefit from these comments. I think it's important for you to get the best quality repair you can and to make sure that the dealer is aware of what you are doing so that if later on they try to deny responsibility for further defects, that you will be able to show that they were fully appraised of what you are doing and they will have less room to manoeuvre themselves out of their statutory obligations. I'm afraid that purchasing a car from one dealer and then having it repaired by another service provider, brings into the same kinds of difficulties that somebody who purchases a central heating boiler from one supplier and then has it installed by a different supplier find themselves in. When things go wrong, the seller blames the installer. The installer blames the seller – and you, the customer, are piggy in the middle. Not a good place to be. I notice that you are doing things on the telephone. Big Fail! Read our customer services guide. In your situation you should be extremely careful to make sure that you have got a record of everything and a full paper trail
    • What information do DVLA need for a provisional licence ?   Think the ID issue needs to be looked at a bit more. Surely you have birth certificate, school information, Doctors records. School and Doctors should provide a letter to help with ID.                
    • Amex as with any creditor must help you the FOS should go with you and make them remove all interest charged from the very 1st time of asking for help. the FCA regulations actually almost dictate it, they most certainly clearly state that if the are FCA registered they must help.   it's very telling they have no marked your credit file....almost as if they know they are wrong. it's also telling that an irresponsible lending complaint might well be in order hear too, they can just keep upping the credit limit without checking you can pay. and ofcourse covid plays its part here and they've already admitted as they allowed payments holidays until october in line with the rest of the industry and they should be continuing that. you problem is you keep using the phone, no paperwork no record of things discussed. i'd get an SAR off to them. and get the comms/account log and all the statements from day one and go nail them.
    • Hello CAG, Bit of a long post, may want to get a cuppa before starting reading... 😁   after being a lurker for many years and trying never to get into a mess with credit cards like i did 20 years ago, i've got myself into a mess with Amex... I've tried being open and honest with them, but now getting the feeling they are messing me around.    Its not a chargecard, but a Nectar Credit Card with them. TAKEN out 2016. Balance is just under £15k as of today, was almost at £17k.  Debt still owed by Amex, not been sent to NCO/Arrow etc - YET...    Background (short version): Was all fine with more than min. payment (£500 or so), being made until April 2020 when a number of things reduced my monthly salary from work (mainly, take a pay cut or be made redundant), so I soon quickly realised i needed to tighten my belt quickly. Phoned Amex, advisor said nothing they could do except Payment Holiday. Was put onto that for 3 months, told that Amex will be in touch at the end to restart payments. I asked about interest being stopped/frozen/reduced - not possible. So agreed to payment holiday to give me breathing space. 3 months came and went, no contact from Amex... No payments made, interest still racking up at around £300 a month...    Rang Amex back (July 2020), we cant do anything today because your in the middle of the statement cycle call back next week. Called back week after, no solution yet (i asked about things i seen on Amex US website = Regain program - basically freeze card, lower interest rate and pay a set amount for 12 months - more about this later) > Not available in UK yet.   Want to stay on payment holiday Mister B? I asked if there was any way interest could be stopped as this is making the balance increase and increase. No. Do you want to stay on Payment Holiday? Ok. (Bear in mind, if i came off Payment holiday. Minimum Payment was around £570 per month.  So, stayed on payment holiday... Didnt hear anything from Amex again. Called back up in September 2020. Please call back in October after 10th and we can assist.   Called back after October 10, went through loads of stuff, different options etc, was warned that Payment Holiday might not be extended much longer, but now have a program. Worked out with Amex woman that i could pay around £200 per month. But please stop interest - no we cant but we can reduce this down to 9.9APR instead of 23%... . Amex woman said she needed to submit details to 'Seniors' at Amex, please call back next week for update.   Called back week after, advised that first Amex woman was wrong and had made mistakes, shouldn't have told me what she had told me, £200 is too low, minimum would be £389 per month for 12 months or account will default. Told Amex woman 2 that couldn't afford it, went through this last time, etc etc. Amex woman 2 went off, came back, £329.74 is minimum they can possibly accept, 12 months at that amount per month and interest would be lowered, but not stopped. If you dont take out this 'Program' then account will default and will be passed to NCO or Arrow (I hate them both).  Went off, tried to get loans etc, all refused. Rang Amex back, reluctantly agreed so i can keep credit rating at 'good'.  So, been paying since Nov 2021 @ £329.74.    Letter arrived in December - due to out mess up with moving accounts around whilst on payment holiday, we are going to give you £3074 back. Logged into account, only £30.74 refunded, not £3074. Phoned Amex cos thought it was a joke/mistake - Spoke to some bloke - Oh dont worry, the rest will be applied to account automatically in 7 days. he advised was genuine but then got cut off during call. Called back, spoke to some other bloke, yes, looks genuine but please hold... Came back 10 minutes later. Oh, its a mis-print, you are not the only customer to receive one of these. Each should have been £30.74 not £3074. Me = Gutted.    Wrote a letter to Amex saying how dissatisfied i was with general customer service and felt they were incompetent, blah blah etc. Final response received, Complaint partially upheld, heres £150 credit because we were a bit silly, but thats it. IF your still not happy, go to FOS. Opened a case with FOS... Have sent them the complaint letter to them and have had a call from them about this... FOS are backlogged though and will take another 3 months for complaint to be looked at by them.   Let me make this 100% clear, fully admit to owning the debt, yep, ive spent this money (wish I knew what on, cos having got much to show from it - just general stuff and holidays)... Not trying to shirk out of it, trying my best to keep up with re-payments but im really struggling. After I got paid on 1st April, after paying all outgoings i had £9.83 left in current account so am having to go into overdraft each month which is just a vicious circle.  I would really like to NOT have to down the default route and trash my credit rating and then have to deal with the morons at NCO / Arrow etc.    Meanwhile, this is where I need the advice of the CAG experts... - Credit Limit increases... These were coming every few months and it was just being upped and upped and upped. Credit limit eventually was stopped at £15,400. Some of the increases I never even received letter for, just noticed when I logged into account. >>>> Would this be a case for irresponsible lending?   - Stopping interest - I've read something on FCA site that they recommend (not policy) that if a customer is put onto a payment holiday then they recommend freezing interest for customer so the debt doesn't continue to build. I've asked time and time again, Amex just refuse.  >>>> Any tips on how to get Amex to play ball?    - Full & Final/Short settlement I've rung Amex today, told them I might be able to pay it off. Initially they said full balance, i then pushed, they then said they would accept 80% of balance, pushed them a bit more, got it down to 70%. >>> Surprised, and then very surprised they would accept 70%, anyone else think this is a bit odd? Normally they wont budge, or they wont budge from their first offer... Could their be something wrong on account (missing CCA etc?), or do they want rid of me and account as much as I do with them?   - Cant really keep going at these £329.74 repayments. Something is going to have to give somewhere. I believe they wont go any lower and they will just default it i send £100 instead of £329 and send it out to NCO/Arrow. This might not be a too bad thing though because this would stop the interest right? Anyone thoughts on this?    Anyone think of anything else I could try with them? Again, its still with Amex, not defaulted or anything yet, yep, its all my own fault, i've spent the money, dont deny that, just feel Amex have took advantage etc.   Many thanks for reading. Any advice is greatly appreciated.   Kr, Mista B.     
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CCa 1974 and credit cards


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Can someone advise what might happen next when i do not pay them the £35 by 1st june? they have not replied to my CPR 31.16 will they just be chasing the £35 ? and should i write and tell them again no cpr or wait and see what happens? I am a bit worried cus im away on hol from 5th to 28 June that something might happen while im away and i cant respond!!

HELP PLEASE

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Default Notice dated 12th May, remedy date 1st June.

 

I would say they have allowed sufficient time to remedy there must be 14 clear days.

 

Have you received a copy of your agreement ? is the account number the same on the application/agreement form as on the default notice. When you signed the application/agreement form was it for a Platinum account which is what they show on the Default Notice.

 

Does the sum they are claiming include penalties/charges ?. These are the things you should be looking for.

 

HTH

 

Question I forgot to ask, did they send the DN by 1st or 2nd class or UK Mail service?

 

If you dont respond by 1st June, they they will likely up the phone calls or threatograms. They might send a termination notice which will be for the WHOLE balance but should give you 7 days to respond to . They might send a formal demand from their solicitors which is the same as a termination notice and again will also give you 7 days to respond to. Or pass the account over to a DCA. There is also the possibility that at least 2 of the above will happen.

 

 

 

All the things you pointed out are present and yes includes late payment fees They sent an ureadable copy of an application form and t&c,s not linked to the application on seperate sheet headed 'bank copy' in reply to my S78 request but nothing from my CPR requests

 

If the DN includes late payment charges then that would make it incorrect.

 

IMHO, you should write to them one last time but with the heading OFFICIAL COMPLAINT, ACCOUNT IN DISPUTE and send it to :

 

LTSB

Customer Concerns Unit

3 City Park

The Droveway

Hove

East SusseX

BN3 7UA

 

Just a covering letter saying that you have made a request under CPR 31.16 which appears to have been ignored. Copy the letters you have sent in this respect for their attention.

 

It should give you enough breathing space to go away and enjoy your holiday

Edited by citizenB
cant spell

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2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

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PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Post just arrived they have sent a letter 'Final responce' stating they have complied fully and enclosed the t&C's as they would have been and another readable copy of my application form this time with the conditions headed 'bank copy on the back of an a4 sheet but i can see no clear link between them i think a cut and paste job i will scan and post it for coments

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Thanks I'll send the letter before going on hols They sent DN by UK MAIL no post mark or date on env..

 

Sadly, that is classified as 2nd class post and leaves EXACTLY 14 days to comply by my reckoning. :(

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2: Does your Bank play fair - You can force your Bank to play Fair with you

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Here is what was sent ...

IMG]http://i375.photobucket.com/albums/oo194/jayjay1105_2008/TSBAG1.jpg[/img]

TSBAG2.jpg

 

This is the same as sent before but 1, readable and 2, on one sheet

my thoughts .. it says 'bank copy' on back is there a bank copy of an application form? and why then is the box marked 'credit score' not completed on their copy?? Please have a look and coment Thanks

Edited by jayjay11
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TBH, I really dont know.. I have just had a look at a copy of mine from a different date and it does say....

 

The full conditions are set out in the attached document headed "Lloyds TSB Bank Credit Card Agreement Conditions- Customer copy"

 

So I guess there could be a bank copy !

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3: Feel Bullied by Creditors or Debt Collectors? Read Here

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5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I think there should be a little box with comparisons of credit

 

I cant explain it too well so will go and see if I can find an example for you. BRB

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2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Right this link is for an MBNA card however, the principle is the same. Over on the right hand side you will see a list of applicable interest rates under 3 example sums. £1,000, £3,000 and £5,000. It is my understanding that this example with the rates applicable to YOUR particular credit limit should be present and within the 4 corners of the document (this could be a double sided page). You need to click on the link to enlarge.

 

th_LANDYAGREEMENTTANDCS2005.jpg

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2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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TBH, I really dont know the answer to your question. Perhaps wait until you receive a few more replies.

 

On the front of the agreement, lower left hand side it says" December 2002"

 

On the top of your card conditions it says "Effective from 1st December 2002"

 

However, it also says bank copy therefore.. were those particular Terms and conditions on the back of the original application form ?

 

Because the front doesnt have "Bank copy" on it does it ? Also if you look very carefully at the left edge of the Application form, then you will see tiny little ridges as though something has been torn off. Can you remember if this was one of those mailer application forms which were folded and sealed round the outside edge and returned ?. If so, then all that could have been on the back of your form would have been the return address.

 

Then again, there is text that says something about full conditions being overleaf. I really, dont know.

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1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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yes from what i can remember it was a mailed part pre filled form where you ripped it off and returned it In section 2 was my name and adress and my bank sort code and a/c number pre printed

 

If you look it says in section 5 : "If your application is accepted by our signature above and we send you a card then this will form the agreement"

No signature above either so was the agreement formed??

Edited by jayjay11
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Strangely enough the absence of a signature from the company can be remedied at any time. However, if yours was missing that would be a different matter.

 

Yes, it does say that there is details on the back on how they are going to use your data.

 

That does not confirm that the Terms and conditions they have sent were on the back of that form. If you print both pages back to back, then fold them into 3 then chances are some of the back will be visible to the postman ??, thereby advertising the liklihood of personal financial information enclosed. Not for one moment am I suggesting anything untoward re the postman.. however mail does go missing and delivered to wrong addresses... !!

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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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OFFICIAL COMPLAINT, ACCOUNT IN DISPUTE

Dear Sirs,

Despite several letters (copies enclosed) my request under the Civil Procedure Rules (Pre action protocols, Part 31.16) appears to have been ignored.

You have also issued a Default Notice on the alleged account. As you are no doubt aware the original properly executed agreement, containing all the proscribed terms as stated under The consumer credit act 1974, would have to be produced to a court should you take action to try to enforce an agreement you allege is in existence.

I can therefore conclude that you have this document to hand and would have no trouble complying with my request. Should you further ignore my legal request for disclosure and choose to take court action I will bring all the correspondence to the attention of the judge to demonstrate my efforts to obtaining disclosure in order for this matter to be dealt with without court action and costs involved. As previously stated I would be willing to inspect the original document at my local branch, and then I will be able to make an assessment of my position in relation to this matter without using court time and incurring unnecessary costs.

Please inform me in writing as to when and where I can inspect the document referred to above.

yours jayjay11

 

 

i am thinking of sending above letter before going away as a final attempt to see the original agreement. coments please

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Sounds ok to me. :D

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POST 71

 

 

 

Originally Posted by jayjay11 viewpost.gif

Got this letter today . have not had a reply to my Subject Access Request and no reply to letters asking to see origonal agreement at local branch also had loads of calls dispite a letter re harrasment Is there a reply or just leave it HELP PLEASE"SCM 1 picture by jayjay1105_2008 - Photobucket"

 

 

 

 

 

POST 98

Got this default today could someone look it over please, still nothing ref CPR just a letter saying they have already written and complied with S78 !!

tsb default 1 picture by jayjay1105_2008 - Photobucket"

 

Tsb default 2 picture by jayjay1105_2008 - Photobucket

 

Thanks JJ11

 

 

 

 

 

Ok, I have had a reread of your thread and I think something isnt quite right and must have been overlooked.

 

In post 71, you received a letter from Sechiari, Clark & Mitchell.

 

It states quite clearly in the 1st sentence that "despite several reminders and the issue of a Default Notice served, etc.... your account still remains out of order"

 

Then goes on to say they are now making a FORMAL demand for the full amount outstanding.

 

To ensure you dont miss the fact they are making a FORMAL demand, they have pasted a paragraph to the bottom of the letter in bold and capitals .

 

This to me, assumes they have "terminated" the account.

 

However, in post 98 you receive a Default Notice dated 12th May 2009.

 

This is interesting, because.. they have said in their letter of 21st January that they have issued a Default Notice already, they then go on to make a Formal Demand/Terminate the account.

 

They then issue a SECOND Default notice. Unfortunately that cant happen. How can you default a terminated account. You cant and this is why......

 

The first link will take you to a single post by BRW

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-1775455.html

 

The 2nd will take you to a thread by surfaceagentx20

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/170345-tale-dodgy-dn.html

 

 

In a nutshell, it would appear that LTSB had already issued a Default Notice, one that you havent seen. On the other hand, the letter that **** sent you could have been a bluff on the DN issue, however they have terminated the account and asked for repayment of the full balance, which they are not allowed to do without a valid DN.

 

If there never was a DN as they assert then by Terminating the account and THEN issuing a DN dated 21st May, they have gone around it the wrong way and it is I think unlawful recission of contract.

 

You might now need to wait for others to advise where you go from here.

Edited by citizenB

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Further, the issue of the agreement/application.

 

It is very likely that the front page is a true copy. The 2nd page however, is probably not what was attached to the back a) because it says bank copy and b) because we now know this was a mailer application form and on the back would have been... an address to return the document.

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PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Thanks for your time CB I take it all on board sometimes when doing these things "in bits" over a period you forget to go back on all thats happened Thank you for taking the time to review it I hope now someone can give an opinion on what to do next ... This is an excellent site and you people do lots to help the likes of me, for which i am very greatful ...

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Give it a little while longer, to see if anyone else is able to help out. Site team appear to be well and truly outnumbered today :D

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4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

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PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I think CB is dead on there. They've terminated before issuing an effective DN, so they've gone and lost rights to claim the balance. In addition,

I think it's unlawful rescission of contract and you would possibly be able to claim for damages. I have no idea how that works though so you'd need to ask someone in the know:)

 

I haven't read your thread yet (only the posts on this page) as I'm being hounded to do some hama bead stuff with the kids (as you do:)), but have you SAR'd them?

 

This should show if they issued a DN before the termination letter that you didn't receive (unlikely but possible), or if they really have been so silly as to terminate months before defaulting you.

 

Like I said though, I think CB is once again spot on with the info given and has found a great bit of ammo for you there!

 

Lexis:)

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Yep i SAR'd them and they replied 30 Jan No DN in there **** letter terminating dated 21st Jan so If they had issued DN would have been at least 14 days before 21st if im right and would be included in SAR and as the bal of the account is fairly substantial i could be in luck!!

Edited by jayjay11
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Evening all,

 

jayjay11, here is the sections of the CCA regarding Default Notices.

 

You will note Section 87 (1) states they must issue one before they are entitled to anything.

 

Now, I can`t see anything which states what happens if they don`t issue a DN, and start Legal Action.

 

I have read that once they start any Legal Action, then your account is closed, and without issuing a DN are not entitled to anything, as they forefit their rights to any claim.

 

On the other hand, you go to Court, they say they issued you one, but don`t have any proof, yet a Judge might/will probably take their word for it.

 

If on the other hand, the Judge decides they should have issued a DN, could they then come back and issue one, and then start the claom all over again? I don`t know, because there is nothing regarding that.

 

Perhaps a Legal mind can put our minds at rest on this scenario?

 

 

 

Consumer Credit Act 1974

 

Default and Termination -Default notices

 

Section 87. Need for default notice.

 

(1) Service of a notice on the debtor or hirer in accordance with section 88 (a default notice ) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,

 

(a) to terminate the agreement, or

 

(b) to demand earlier payment of any sum, or

 

© to recover possession of any goods or land, or

 

(d) to treat any right conferred on the debtor or hirer by the agreement as terminated, restricted or deferred, or

 

(e) to enforce any security.

 

(2) Subsection (1) does not prevent the creditor from treating the right to draw upon any credit as restricted or deferred, and taking such steps as may be necessary to make the restriction or deferment effective.

 

(3) The doing of an act by which a floating charge becomes fixed is not enforcement of a security.

 

(4) Regulations may provide that subsection (1) is not to apply to agreements described by the regulations.

 

Section 88. Contents and effect of default notice.

 

(1) The default notice must be in the prescribed form and specify -

 

(a) the nature of the alleged breach;

 

(b) if the breach is capable of remedy, what action is required to remedy it and the date before which that action is to be taken;

 

© if the breach is not capable of remedy, the sum (if any) required to be paid as compensation for the breach, and the date before which it is to be paid.

 

(2) A date specified under subsection (1) must not be less than [F1 14] days after the date of service of the default notice, and the creditor or owner shall not take action such as is mentioned in section 87(1) before the date so specified or (if no requirement is made under subsection (1)) before those [F1 14] days have elapsed.

 

(3) The default notice must not treat as a breach failure to comply with a provision of the agreement which becomes operative only on breach of some other provision, but if the breach of that other provision is not duly remedied or compensation demanded under subsection (1) is not duly paid, or (where no requirement is made under subsection (1)) if the [F1 14] days mentioned in subsection (2) have elapsed, the creditor or owner may treat the failure as a breach and section 87(1) shall not apply to it.

 

(4) The default notice must contain information in the prescribed terms about the consequences of failure to comply with it [F2 and any other prescribed matters relating to the agreement].

 

(5) A default notice making a requirement under subsection (1) may include a provision for the taking of action such as is mentioned in section 87(1) at any time after the restriction imposed by subsection (2) will cease, together with a statement that the provision will be ineffective if the breach is duly remedied or the compensation duly paid.

Annotations:

Amendments (Textual)

F1

Words in s. 88(2)(3) substituted (1.10.2006) by Consumer Credit Act 2006 (c. 14), ss. 14(1) , 71(2) (with Sch. 3 para. 10); S.I. 2006/1508, art. 3(2) , Sch. 2

F2

Words in s. 88(4) inserted (16.6.2006) by Consumer Credit Act 2006 (c. 14), ss. 14(2) , 71(2) (with Sch. 3 para. 10); S.I. 2006/1508, art. 3(1) , Sch. 1

 

Section 89. Compliance with default notice.

 

If before the date specified for that purpose in the default notice the debtor or hirer takes the action specified under section 88(1)(b) or © the breach shall be treated as not having occurred.

 

 

 

Hope this helps.

 

 

N.P

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NP, Jay... read the post linked below. This will tell you what they stand to lose if they DO NOT follow the Default / Termination Process correctly.

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-2166205.html

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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

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1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Surely if they have no record of issuing one (which should have shown up in the SAR information - either as a copy of a letter or a note on the account), then they would have a hard time proving they did?

 

If a judge did however accept their claim with no proof behind it whatsoever, would you be able to question their decision/make them detail their reasons for it?

Time flies like an arrow...

Fruit flies like a banana.

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