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    • Hi all,   I would like to thank you all for your help so far on this matter. I have been reading some relevant thread on here as rightly suggested to get myself up to speed.   One thing is certainly clear, and that is NO to mediation. I have got to put the form N180 in the post first class tomorrow money to meet Monday's deadline. I haven't really found a clear answer to one or two things: 1) Can i change the hearing venue to my preferred county court? 2) What's my reason for considering the case not suitable for the small claims tack and what alternative?   I'm really sorry to be a nuisance but this has got to be posted tomorrow morning and i'm running out of time.   I am really counting on your advise please
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    • Hi caggers,  OH got a vanquis card, defaulted and made a last payment in July 2015. Since she gave me a heads up with threat letters for pre-court action, I fired off a CCA and got a response way after the prescribed time line (I can live with that).   They did send her a CCA and breakdown of spends. The problem I had with the CCA they sent her was it was pretty unreadable (I can post a copy) but it had her signature on there. I don't doubt the OH owes money but after speaking with her she cannot remember but didn't think it was as much as Lowell's are wanting to claim for as she only had a £500 limit and the amount they want is near £900.   I fired off an AID letter stating the CCA was illegible and at the same time sent a SAR to them specifically asking for a copy of the DN, Breakdown of charges and Interest and anything else they hold.   They come back acknowledging both letters but still asked what she her intentions are regarding the account with failure to do so possibly resulting in a claim form incurring costs.   They also said they will not send any further copies of the CCA as they've already compiled with the original CCA request.   Am I correct in thinking the CCA has to be legible and that this is grounds for the AID? I'm happy to come to an arrangement to clear the right amount owed but not some over inflated figure.   Thanks PM
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termination notice VS default notice


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Recently wrote to Barclays asking them to provide me with a copy of the default notice they allegedly sent me and a signed copy of the original credit agreement.

They sent me a copy of a termination notice and have not mentioned anything re credit agreement copy. 28 days have elapsed what do I do now?

Is a termination notice the same as a default notice ? They are in default of my request of a credit agreement copy. Can they enforce the debt? The account in question involves 335£ of disputed bank charges.Can they process my data?

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They need a valid CCA to legally enforce the debt, although that doesnt stop them from asking for the money. I am not sure about the termination notice.

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No a Default Notice and Termination Notice are 2 different things.

 

What should happen is.. a Default notice giving you 14 clear days with allowance for posting should be sent. This should details the clause you have breached, and what is required to remedy that breach. Ie pay £ X amount before a certain date (the 14 clear days). The Notice should reflect the correct balance minus any default fees ie charges/late payment fees.

 

There is a required format for the Notice which if not followed could make it invalid.

 

The Termination Notice is issued AFTER the remedy date identified on the Default Notice. If it is issued before the remedy date on the DN then that could cause a problem for the company.

 

When you make a request for the agreement under the CCA 1974, then they have 14 working days + 2 for posting. So if it has been 28 days since your request then you send a non compliance letter. Theoretically whilst they are in default of your request then there should be no action taken on the account ie processing of data, passing on to DCA.. but they will, :(

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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.

 

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Thank you Citizen B, have not received anything re default notice.Still waiting but they are now in default of my request as 40 days have passed.

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Thank you Citizen B, have not received anything re default notice.Still waiting but they are now in default of my request as 40 days have passed.

 

 

This is the letter you need to send them for non compliance of your CCA request.

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale.html

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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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CitizenB thanks again for your precious advice. Do you know if requirement re CCA are the same regardless of products (ie current account, credit card, loan)? Or is there some variations as to what they are required to provide depending on the product?

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I think that as long as the account is under the CCA1974 then the CCA request is pretty much standard. You would need to clarify this with someone with more knowledge though as I believe there is a slight difference for loan accounts.

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

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