Jump to content


CCa 1974 and credit cards


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3850 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

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? Lexis. I would assume the SAR would have shown the DN had been sent. It may not be a exact copy of it but it would at least say this is a copy of the text your DN would have said Please Note personal details relating to the account would have been included or summing similar. If there is no mention of it at all even in account history or summing that has details of the account in it then i would agree that proving they issued the DN would be hard.

 

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?

I feel thats a yes and if they did make a decision saying they obviously issued a DN or summing similar or even ask why would hey lie about issuing it and they get judgement based on this then i would appeal the decision as the judge was not being fair IMO.

 

Also we need to remember here they need to issue a DN before they can take and court procedings and Need to be able to Prove it was issued as u can demand the DN under the CPR.

 

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

Link to post
Share on other sites
  • Replies 261
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Just thought I`d mention the issuing or lack thereof of a Default Notice.

 

I`m being chased by Morecrap about my Egg Loan. I have received a couple of DN`s in the past but always remied them, but this last time I have not received one. But, when I last logged into the Egg website, it reads `You have recently been sent a Default Notice`.

 

Also, there are a number of charges applied to the account, so I guess this would make a Default Notice (if any) incorrect anyway, wouldn`t it?

 

Another strange thing, they kept half the loan to pay off their Egg Card, and gave me what was left over. I can`t remember how I received the remainder, but I`ve had a e-mail from them stating part was kept to pay the Card and the remainder was deposited into my Bank Account.

 

When I check back through my statements, their is no reference to Egg depositing anything into my Account. The monthly balances are as if nothing has changed.

 

The only thing which has changed were the Direct Debits, from Egg Financial to Egg Loan. Weird.

 

I suppose I could say I never received the cash part of the Loan and feel the money they kept to pay the Card off is now cleared. :D

If I have helped or made you laugh in any way in your hour of need, then please click my scales <<<<<<<<<< ;)

Link to post
Share on other sites

All the SAR had was all statements and a sheet with the charges on and the copy of the current t&c's No ref atall to any DN I have got a letter dated Dec that says as i havent been playing nicely if i dont rectify the acount they will issue a DN. Surely tho if they insist one was issued then why did they do another in May after terminating the account in Jan and would nt they have to explain why to a judge?? So what next ? write and inform them what theyve done and tell um im going for damages or wait and see what they do next.Either way i am away for 3 weeks from next w/e so dont want anything to kick off while im away and cant respond!! Coments please

Link to post
Share on other sites
All the SAR had was all statements and a sheet with the charges on and the copy of the current t&c's No ref atall to any DN I have got a letter dated Dec that says as i havent been playing nicely if i dont rectify the acount they will issue a DN. Surely tho if they insist one was issued then why did they do another in May after terminating the account in Jan and would nt they have to explain why to a judge?? So what next ? write and inform them what theyve done and tell um im going for damages or wait and see what they do next.Either way i am away for 3 weeks from next w/e so dont want anything to kick off while im away and cant respond!! Coments please

 

 

You should have a print out or screen shots that show any activity in the form of letters sent/received, calls made/received etc. If you havent, then they havent fully complied with your SAR.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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

Link to post
Share on other sites
You should have a print out or screen shots that show any activity in the form of letters sent/received, calls made/received etc. If you havent, then they havent fully complied with your SAR.

None of that in there so is there a template letter to send ??

So i have no CPR No SAR and a termination and unlawfull DN.

Is there an order to deal with this or will it all gel into a huge bomb exploding in their faces:confused::confused::confused::confused:

Link to post
Share on other sites
None of that in there so is there a template letter to send ??

So i have no CPR No SAR and a termination and unlawfull DN.

Is there an order to deal with this or will it all gel into a huge bomb exploding in their faces:confused::confused::confused::confused:

 

I dont think there is a template as such. When Cap1 failed to provide me with everything I just wrote back with a bullet pointed letter of the things that I didnt have and wanted, also enclosed a copy of the original SAR which has asked for the items that were missing.

 

I think you need to deal with the SAR issue first. You might just find all the answers to your questions if they fully comply with that. If they dont, then you can take them to court to have a judge make them give it to you.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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

Link to post
Share on other sites
Just thought I`d mention the issuing or lack thereof of a Default Notice.

 

I`m being chased by Morecrap about my Egg Loan. I have received a couple of DN`s in the past but always remied them, but this last time I have not received one. But, when I last logged into the Egg website, it reads `You have recently been sent a Default Notice`.

 

Also, there are a number of charges applied to the account, so I guess this would make a Default Notice (if any) incorrect anyway, wouldn`t it?

 

Another strange thing, they kept half the loan to pay off their Egg Card, and gave me what was left over. I can`t remember how I received the remainder, but I`ve had a e-mail from them stating part was kept to pay the Card and the remainder was deposited into my Bank Account.

 

When I check back through my statements, their is no reference to Egg depositing anything into my Account. The monthly balances are as if nothing has changed.

 

The only thing which has changed were the Direct Debits, from Egg Financial to Egg Loan. Weird.

 

I suppose I could say I never received the cash part of the Loan and feel the money they kept to pay the Card off is now cleared. :D

 

This is really bizarre. Have you SAR'd them to find out exactly what's happened?

Time flies like an arrow...

Fruit flies like a banana.

Link to post
Share on other sites

At the risk of sounding thick .. Could someone outline the isues of what would happen in either the case that TSB have not issued a first DN then terminated OR if they had issued first DN and i hadnt received it then gone on and terminated and issued another DN I have looked and cant find another on here where thats happened?

 

???

Link to post
Share on other sites

Please note that I am not a solicitor or legally trained. The advice I give is from my own personal experience based on my own personal circumstance. If you choose to follow any advice I may give, please make sure you understand the implications of following that advice. :-)

Link to post
Share on other sites

Well Well ive just got a letter from **** terminating my terminated account and demanding another full balance !!! i think i'll ring and ask if they can explain !!

Link to post
Share on other sites

shall I write then? i cant record! tsb are still in default of a SAR although i only wrote the other day but also in default of My CPR My main worry is we're away for 3 weeks on Fri and i dont wantanything kicking off !!

Link to post
Share on other sites

Ok, on the face of it they've terminated a few months ago without you having received a DN. This is bad for them. However to prove that you need to get them to send either copies of the letters themselves, or a list of letters sent. This is within the SAR and I remember you're having issues with that, so just keep going there until you get what you need.

 

There is the possibility that they did send you a DN a few months ago which you simply didn't receive for whatever reason. This can also be proved/disproved within the SAR. Unfortunately I have no idea what happens if the DN doesn't reach it's intended victim.

 

I think possibly it would be a reasonable course of action to write to [problem] and ask why they are terminating your account for a second time, as this seems to be an impossibility. Enquiring about the lack of response to the CPR probably wouldn't hurt. I would add that you are not available for x weeks so any letters sent should be held until such time as you are able to answer them.

 

I'm not sure what else to suggest as you really need the proof in the SAR (if it's there - they haven't mentioned my default or termination letters!) to know where you stand.

 

ooh, just a thought - have you checked the CRA's to see if and when any default markers were placed? It might give you a bit of a help to see if there's been any action on that front?

Time flies like an arrow...

Fruit flies like a banana.

Link to post
Share on other sites

That's understandable!

 

I think as long as you make it very clear you're not going to be there until whenever, it means that if they attempt to try anything in that time they will be rather frowned on if they do attempt to take it further.

 

Just make sure you send it either recorded or special delivery:)

Time flies like an arrow...

Fruit flies like a banana.

Link to post
Share on other sites

Ha Ha .. just managed to find the record facility on my mobile .. So rang **** now they put me thro to MHA who put me thro to tsb who put me thro to mha:confused: So very dizzy by now was told by a guy there that 1 the accound wasnt terminated on 21 Jan or 1st June just that if i payed everything off i wouldnt be able to use the card again!!!!!!!!! and that as far as he knows they send 3 letters out from **** . He confirmed term letter 21 jan and dn in may and term letter 1st jun but said no dn prior to jan 21st All recorded lots of blundering and mention of pre close off and debt recovery .. Think i would have been better off talking to the office cleaner the only thing he seamed to grasp was the fact im on holiday from 5th 28th :D

 

i will follow up with a letter , should i mention relevent sections of cca or just ask the question why have you issed dn and termination on a terminated account ???

Edited by jayjay11
more text
Link to post
Share on other sites

Just checked my credit record and tsb is showing as satifactory no defaults atall !!!!! :eek: all payments up to date well i know for sure i havent paid them since sept when i CCa'd them :confused:

Edited by jayjay11
Link to post
Share on other sites

How strange ive just gone into my credit report again to check something else and TSB is now showing as 6 payments late !! :confused::confused::confused::confused::confused::confused:

Link to post
Share on other sites

Well done for getting that recorded! So it's not terminated despite two letters telling you it's terminated?? Funny that:rolleyes:

 

Sounds to me like they are well on the way to being scuppered.

 

Get the letter out tomorrow just to confirm what you wanted to say, then forget about them for a bit and have a lovely holiday:)

Time flies like an arrow...

Fruit flies like a banana.

Link to post
Share on other sites
  • 4 weeks later...

Any updates, Jayjay or are you still on holiday :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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

Link to post
Share on other sites
  • 2 weeks later...

Hi again Got 2 letters this morning 1 from TSB( the third FINAL RESPONCE) saying that they are sorry i was unhappy with thier responce to the cca s78 request and again say they have complied with S78. Now this is at least the 3rd time theyve sent this letter and ive replied every time saying i do not dispute this point and that the requests where for CPR rules i dont think they will every 'cotton on' to that one

and again as i have used the account and made payments i have acknowledged an account and that all the banks agrements have always complied with all legislation:rolleyes: and they are confident of this therefore i should make payments:eek:.. And a threat o gram from BLS collections and a threat of personel visit :eek::eek: Did i see a good letter on here re visits? Still no reply from SAR letter asking for disclosure of notes on file manual intervention

Edited by jayjay11
more text
Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...