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    • You should have received a Notice of Assignment from either the original creditor or the DCA  (Assignor = Assignee)   Check your credit files and see if the debt is listed from the the OC or the DCA or both.
    • In that thread the Judge was wrong...the whole case relied on the Default Notice and he accepted that the Notice of Arrears was part of the default notice and because the NoA was dated it was okay...even though the actual default notice was not dated...as yours (RC3)   A Notice of Arrears is not part of the Default Notice...its a requirement that was introduced by the The Consumer Credit Act (CCA) 2006 and its amendments. Section 11 of the CCA 2006 amends the CCA 1974 by inserting a new section - 86D - that sets out the consequences for a creditor if he fails to notify as required by sections 86B or 86C. If the creditor fails to provide a notice when required to do so, then throughout the period of his failure (i.e. from the date that it was required to be given until the end of the day on which it is eventually provided), he is not entitled to enforce the agreement.In addition, the debtor or hirer is not liable to pay any interest that relates to the period of the creditor or owner’s failure.   So there is no connection between the Default Notice and the Notice of Arrears...two completely different notices unconnected.   So if the Default Notice is not dated then it fails the prescribed terms required pursuant to section 87 & 88 of the CCA1974.Your DN that states for you to rectify the breach you are required to pay the amount stated by 7th April 2014...but given the DN is not dated it cannot equate from when...what date ...when was it received .You may have received it on the 1st April...therefore the prescribed time of 14 days plus service cannot be proved...therefore it is invalid.....and that Judge was wrong.   Andy 
    • The big worry here is that this is my wife's debt. And she is very shy and nervous and absolutely dreading having to speak up in court.   If it's not a sure win that's why I'm thinking it would be better to negotiate now, instead of with a CCJ. This is the only negative on our credit files and it will drop off next year.
    • Only if the debt has been legally assigned to them....IE they now own the debt.   Andy
  • Our picks

    • Future Comms issues. Read more at https://www.consumeractiongroup.co.uk/topic/416504-future-comms-issues/
      • 3 replies
    • This is a bit of a lengthy one but I’ll summerise best as possible.
      I was contacted by future comms by phone, they stated that they could beat any phone contract I have , (I am a limited company but just myself that needs a business phone and I am the only worker) 
      I told future comms my deal, £110 per month with a phone and a virtual landline, they confirmed that they could beat that, £90 per month with a phone , virtual landline  they also confirmed they would pay Vodafone (previous provider) the termination fee. As I am in business, naturally I was open to making a deal. So we proceeded. 
      Future comms then revealed that the contract would be with PLAN.COM and the airtime would be provided by 02, I instantly told them that this would break the deal as I have poor 02 signal in the house where I live as my partner is on 02 and constantly complaining about bad signal
      the salesman assured me he would send a signal booster box out with the phone so I would have perfect signal.
      so far so good.....
      i then explained this is the only mobile phone I use for business and pleasure, so therefore I didn’t want any disconnection time in the slightest between the switchover from Vodafone to 02
      the salesman then confirmed that the existing phone would only be disconnected once the new phone was switched on.
      so far so good....
      • 14 replies
    • A shocking story of domestic and economic abuse compounded by @BarclaysUKHelp ‏ bank complicity – coming soon @A_Gentle_Woman. Read more at https://www.consumeractiongroup.co.uk/topic/415737-a-shocking-story-of-domestic-and-economic-abuse-compounded-by-barclaysukhelp-%E2%80%8F-bank-complicity-%E2%80%93-coming-soon-a_gentle_woman/
      • 0 replies
    • The FSA has announced large fines against DB UK Bank Limited (trading as DB Mortgages) - DeutscheBank and also against Redstone for their unfair treatment of their customers.
      Please see the links below for summaries and full details from the FSA website.
      It is now completely clear that any arrears charges which exceed actual administrative costs are unfair and therefore unlawful.
      Furthemore, irresponsible lending practices are also unfair and unlawful.
      Additionally there are other unfair practices including unarranged counsellor visits - even if they have been attempted.
      You are entitled to refuse counsellor visits and not incur any charges.
      Any charges for counsellor visits must not seek to make profits. The cost of the visits must be passed on to you at cost price.
      We are hearing stories of people being charged for counsellor visits for which there is no evidence that they were even attempted.
      It is clear that some mortgage lenders are trying to cheat you out of your money.
      You should ascertain how much has been taken from you and claim it back. The chances of winning are better than 90%. It is highly likely that the lender will attempt to avoid court action and offer you back your money.
      However, you should ensure that you receive a proper rate of interest and this means that you should be seeking at least restitutionary damages - which would be much higher than the statutory 8%.
      Furthermore, you should assess whether the paying of demands for unlawful excessive charges has also out you further into arrears and if this has caused you further penalties in terms of extra interest or any other prejudice. This should be claimed as well.
      If excessive unlawful charges have resulted in your credit file being affected, then you should take this into account also when working out exactly what you want by way of remedy from the lender.
      You should consult others on these forums when considering any offer.
      You must not make any complaint through the Ombudsman. your time will be wasted, you will wait up to 2 yrs and there will be a minimal 8% award of interest and no account will be taken of any other damage you have suffered.
      You must make your complaint through the County Court for a rapid and effective remedy.

      Do you have a mortage arears claim to make? Then post your story on the forum here
        • Like
      • 0 replies

Second Mortgage?Top-up loan? You should read this

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Mortgages normally are not regulated by the Consumer Credit Act 1974.


However, Francis Bennion, who was the author of the CCA1974 points out that second mortgages, top-up loans and other products offered by mortgage companies and secured on property may well do.


In his paper on Section 18 (which covers 'multiple agreements'), he specifically includes the example "A mortgage company (M) wishes to float a Scheme under which it would offer its existing borrowers a further advance facility combined with refinancing. M wants to call this a ‘Topup Loan’."


He goes on to explain that the part of the loan covering the further advance (if it is less than £25000) is regulated by the CCA 1974 and must comply fully with that Act. Furthermore, the two parts of the loan agreement must be treated as seperate agreements. If this is not done, the agreement covering the further advance would be unenforceable.


This fact could obviously be of great interest to people having problems with mortgage and other loan companies and may well provide a route to prevent repossession, etc.


I have started a thread in the Mortgage Companies forum but there are companies offering such products that are not just morgage companies. If you have a second mortgage or top-up loan with one of these, have a look at the thread http://www.consumeractiongroup.co.uk/forum/mortgage-companies/177919-second-mortgage-top-up.html#post1920626


I have closed this thread here to keep discussion in one place.




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