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    • Not really. I just wrote it based upon my credit file data with screenshots and stuff.  Also referring to multiple data points. You need to read before sending or writing it.    I have plenty of experience in this stuff so takes me half hour to write something like this. For you itll take an afternoon probably. An additional day with it on your CRA wont cause a problem.     Reference Material; ICO Credit File Guide - https://ico.org.uk/media/your-data-matters/documents/1282/credit-explained-dp- guidance.pdf ICO Main Page For Credit - https://ico.org.uk/for-the-public/credit/ CMF Limitation Act 1980 - https://www.checkmyfile.com/articles/the-limitation-act-1980-and-debt-time-limits.htm Gov Limitations Act 1980 - https://www.legislation.gov.uk/ukpga/1980/58/2023-11-18 (Latest Version) Transunion 6 Years - https://www.transunion.co.uk/consumer/credit-report-help/how-long-does-information-stay-on-my-credit-report-for Equifax 6 Years - https://help.equifax.co.uk/EquifaxOnlineHelp/s/article/Howlongdoesadefaultedorsettledaccountstayinmyreport Experian 6 Years - https://www.experian.co.uk/consumer/guides/defaults.html#:~:text=A default will stay on,you still%20owe%20them%20money
    • Thanks fkofilee , by any chance is there a templete for guidance that i could use to help me write the complaint?
    • Hi everyone,  There were many topics on this issue in the past. May I please have an update if anyone managed to buy or sell the house with the leasehold air space on it? would the bank lend the mortgage?  If I was not informed about the complications when selling the house. instead, they told me that this would add value to the house and sell faster which is the opposite. Can I file the case and dispute it for mis-sold and misrepresentation?  I am in the year 9th and I was not aware of the issue until I wanted to sell my house. There has been no communication since I signed the contract. The company has never contacted or updated me on how much energy the panels generated how much I used etc.    This is a free panel from the government schemes, run by  Freetricity.   Thank you   
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CCA in dispute but have notice of default?


stressed mum!
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I always staple the envelope to the letter, and there was no stamp on it and I definatley did'nt get it by courior!

Am I right in thinking it'd just the dates that are wrong everything else looks ok I'm not going to write to them as they might try and correct it!

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An update for you!! I recieved a letter from Co-op this morning demanding an imediate payment in full and they have charged me £60 for the admin!!! I really think they have no idea any suggestions? Should I send them a letter or should I leave it and let them pass it on??

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An update for you!! I recieved a letter from Co-op this morning demanding an imediate payment in full and they have charged me £60 for the admin!!! I really think they have no idea any suggestions? Should I send them a letter or should I leave it and let them pass it on??

 

Ooo thats good news.. asking for full payment is equivalent to termination.

 

This is where the Dodgy DN comes into place, you should be liable for the arrears mentioned on the default notice only.

 

I'm not too sure how you proceed though, I think the DN and termination is only useful if they take you to court for the outstanding money? Can somebody clarify?

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Thanks for your reply

I am asuming they will pass this to a dca?? As in a previous letter they sent they gave me the address of one they would be refering my account to.

I am getting a little confused they obviously have no regard to the 2 cca letters I have sent and are still adding charges I have seen a letter on here about this but cant find it (this site is so big!!)

Also I have looked at the default notice again and am I right in thinking it's just the dates that are wrong.

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The act states you get 14 days to remedy from the date the notice is served... its deemed served two days after the postage date (first class) same day (courier/hand delivered) or 4 days for 2nd class(Think! needs confirmation) So its very very important to keep the envelope if it has a date stamp!!!!!!

 

Oh and for posting its two working days, so if the postage date is friday then I believe its two clear days required i.e. monday and tuesday and then you start the 14 day count

 

1. Interpretation Act 1978, Section 7

 

This states:-

 

Where an Act authorises or requires any document to be served by post (whether the expression "serve" or the expressions "give" or "send" or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have effected at the time at which the letter would be delivered in the ordinary course of post."

 

2. Practice Direction

Service of Documents - First and Second Class Mail.

With effect from 16 April 1985 the Practice Direction issued on 30 July 1968 is hereby revoked and the following is substituted therefore.

1. Under S7 of the Interpretation Act 1978 service by post is deemed to have been effected, unless the contrary has been proved, at the time when the letter would be delivered in the ordinary course of post.

2. To avoid uncertainty as to the date of service it will be taken (subject to proof to the contrary) that delivery in the ordinary course of post was effected:-

(a) in the case of first class mail, on the second working day after posting;

(b) in the case of second class mail, on the fourth working day after posting.

"Working days" are Monday to Friday, excluding any bank holiday.

3. Affidavits of service shall state whether the document was dispatched by first or second class mail. If this information is omitted it will be assumed that second class mail was used.

4. This direction is subject to the special provisions of RSC Order 10, rule 1(3) relating to the service of originating process.

8th March 1985

J R BICKFORD SMITH Senior Master

Queen's Bench Division

 

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Also I have looked at the default notice again and am I right in thinking it's just the dates that are wrong.

 

If you have charges against the account then the amount can also be called into question. I think the admin amount can also be called into question unless the original t&c said they could add a default fee of £60

 

But the main thing is that date on the default notice, not giving you time to rectify the default means they are only able to claim the arrears amount off you, the balance has gone now.

 

I think its just a case of waiting now... if they pass onto a DCA, you'll just have to send the "bemused why this has been passed, its in dispute" letter and get them to pass it back to the OC, hopefully in the end they'll attempt to take it to court and then the default notice will come into play and you can pay the arrears amount only and walk away from this.

 

Dont think they can issue another default now they have terminated but keep it under your hat about the invalid DN just in case.

 

This is all just my opinion, other more experienced people might give better advice.

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morning and hello thanks for your reply we are all up bright and early but I have 3 young children so I forgot what a lie in is!!!!

There is charges on the account and the £60 charge they have said is for admin regarding T&C I never signed or raed anyuthing reagarding this as they just sent me the card.

Thankyou for your input it has been so helpful

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  • 2 weeks later...

Hello everyone, well I recieved some documents in the post this morning my suppossed cca agreement there is a copy of my last statement with a £24 charge

A photocopied T&C from there web archives which anyone can print out dated 13/02/2009 (11 pages) and an application form I could have sworn I never signed anything but it was round the time we took out the mortgage with NR as it has my husbands details as an additional cardholder but never took it.

Have posted it for your views bearing in mind my cca request went out to them 20/01/09 my default notice is in a safe place!!

 

They are in the post below thanks guys x

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Hi Stressed Mum,

 

I am subscribing to your thread and will be watching how you progress with great interest as I am in a very similar situation with regards to one of my husband's two MBNA c.cards, which I am attempting to sort out for him with the help of the forum.

 

I CCA'd MBNA for both accounts - no CCAs received.

 

Then OH received a dodgy default notice (only 13 days for service) on one account.

 

The day after the DN was due to take effect, the relevant CCA turned up - potentially, but not definitely unenforceable I believe.

 

Nine days after the DN was due to take effect OH had a letter from a DCA, saying the debt had passed to them and demanding full payment.

 

Now, the 'debt' is £6000+ whilst the arrears on the dodgy DN is £900+, but there is also mis-sold PPI to the tune of £1200 including interest and unlawful charges amounting to £1500 including interest on this account, so the question is what does one do next?

 

The idea of the dodgy DN itself rendering the debt unenforceable is potentially interesting, but in OH's case the amount they possibly owe him back (in PPI and charges plus interest) is more than the arrears......

 

Unlike yourself, my OH does remember signing the form, but what was absent from his agreement was any box relating to PPI, yet he has been charged for it from day one.

 

Like you, I have no idea how next to proceed so as I said I am hoping to learn something from your thread!;)

 

Sorry if I've hijacked - but only wanted to share experiences!

 

All the best,

 

Landy x

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Hi Stressed Mum I am at the same stage with the co op as you had the dodgy default etc but not the NR cca I have just left it not sending anymore letters as they dont replyand I will wait and see what the next move is.Will keep you informed

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No probs Landy I still have loads to learn and everyone on here is really helpful I hope I'm right in thinking this is just an application form for a card as I really don't remember asking for one and must have done it like I said with the mortgage application hope someone can clarify x

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