Invalid Default Notices

[Pipster2797]

just subbing too as i want to remove my DN's too

[vint1954]

I have received a DN from one of the major banks giving 14 days, no time for posting. Just waiting for the Termination.

 

They have also responded to my last letter regarding their supplying an application form as an agreement. They are adamant that both are one in the same?

 

CPR next I think.

 

Vint

[robinredbreast]

Same boat Pinky .... I have had a default notice from M&S - who have supplied only an application form, with no prescribed data in it.

 

They refuse to ack that that agreement is unenforceable, refuse to acknowledge OFT guidelines - telling me that they do have to abide by them, as they are not M&S guidelines, and generally ignoring anything I say if it doesn't offer them payment.

 

Mint have also sent a default notice, and they have NO agreement at all.

 

Have complained to the OFT about both of them...but no doubt will find myself in your situation so watching with great interest....

 

Good luck, fight the good fight m'lady .. !!!!

 

Robin x

[cerberusalert]

They refuse to ack that that agreement is unenforceable, refuse to acknowledge OFT guidelines - telling me that they do have to abide by them, as they are not M&S guidelines,

Have you asked the OFT for their opinion on that?

[robinredbreast]

Well have sent OFT an email, telling them this.

 

I have also sent (last week) a letter to both of the culprits, saying that the issue of a default is against OFT guidelines, as the acct is in dispute.

 

Today, was the last straw with Marksy's due to the agents responses to what I said about OFT and their statement, "well I don't know about OFT guidlines and their not relevant here, but you're only continuing to damage your own credit profile by not paying, and that your refusal to pay the arrears will result in more letters, charges and a default which I can see is in the process of being applied".

 

That was about if for me with them, so an email was sent to OFT.

 

Lets see what happens, nothing probably, but it goes nicely in my M&S file, along with a call log (4 calls in one day is my best result ), and a copy of everything I've sent them ... ooooooh they make me sooo mad ... but a deep breath and a nice glass of vino sorts it out nicely...hic !!!!!!

[Undercover-Elsa]

Sorry, but this has to be done..

 

At least four subtly annoying phone calls a day

Hand crafted payment demands, oozing with threats

Crisp Default Notices with just a hint of thyme

Sold in an attractive DCA package well before the sell-by date...

That's not a CCA agreement

It's an M&S Agreement..

All the best with them Robin.and wish them Happy Birhday from me!

Elsa x

[Gazza112]

Subbing With interest

[Pinky69]

Hi folks - just an update. I have received a reply from the bank who entered a default after the account was closed (paid in full and not a F&F) who are "looking into my complaint." I have replied there is nothing to look into - they have admitted the account wasn't closed after I had settled (in 2005) and the entry was unlawful. I have asked for compensation of £8000 ( Durkin v DGS et al - 2008) as precedent. I have given them 28 days to offer me the appropriate compensation or it's off to court we go. This is a more straightforward case than the DN's but they are going to get the same treatment in due course - they haven't even replied yet. Will keep you posted. It's a wonderful feeling to be kicking their bums!!

[Reader]

Subbing with interest

[Dorabell]

Hi folks - just an update. I have received a reply from the bank who entered a default after the account was closed (paid in full and not a F&F) who are "looking into my complaint." I have replied there is nothing to look into - they have admitted the account wasn't closed after I had settled (in 2005) and the entry was unlawful. I have asked for compensation of £8000 ( Durkin v DGS et al - 2008) as precedent. I have given them 28 days to offer me the appropriate compensation or it's off to court we go. This is a more straightforward case than the DN's but they are going to get the same treatment in due course - they haven't even replied yet. Will keep you posted. It's a wonderful feeling to be kicking their bums!!

 

kick there bums pinky:)

[Pinky69]

OK - more updates. I've sent the bank which didn't close the account when they should and entered defaults over 1 year later has been sent a SAR and Letter Before Action. Experian have completely removed the entry but amazingly Equifax and Callcredit have simply updated the entry as a partial settlement last month!! (account settled in 2005 - not partially either. There must be fairies at the garden of their bottoms!). Have sent them Letters Before Action too. The fact Experian have removed the entry is in my favour for the case. Claim for damages made to the bank quoting Durkin. I have had an acknowledgement for my complaint to the ICO saying the case has been allocated for investigation.

 

The two banks which sent invalid DN's then terminated the accounts have been sent SARs. One hasn't replied to my initial letter and one is investigating. I will now need to wait for more information to build my legal case. They have 40 days and I am in no hurry to cook their geese!

 

I won't post any more letters for now because there are snoops about but I promise you that when it is all over I will post all the letters. In the meantime I will keep you fully updated.

[xx.Morph.xx]

subbing:D

[GamekeeperToPoacher]

kick there bums pinky:)

 

 

Do you want to borrow me boots?

 

GK

[willtheywontthey]

am I right that they can actually issue a default notice (ie a letter saying pay us within 14 days etc) and 'still' terminate an agreement..

 

Or do they have to wait the necessary time on the default notice (ie we do not keep to their dates - assuming here the DN is valid etc etc) before they can terminate.. am confused (still)

[GamekeeperToPoacher]

WTWT,

 

Surely they have to wait as they have given you 14 days in order to remedy the breach. If there are no 14 days because they have terminated the agreement you cannot remedy in time and AIUI they then lose the right to obtain early repayment and it is an unlawful rescission of contract.

 

They have only had 30 odd years to get it right.

 

How much would people have saved in the past had CAG existed in say 1981?

 

GK

[angel_1]

hiya all

 

have had a dn today date of the letter means i would have had to have had it on that day to rectify before the date due therefore no allowance given for delivery service ie 14 days exact from date of letter to the date before the 6.06.09...

 

 

as i now understand hope im clear in this,,,is that as they have said if i dont comply and pay the arrears then they Will Terminate the agreement - shall i pray they do cos then they can only ever claim the arrears legally due????????

 

they have done this with another of my cards too and yet not heard from them in a while,,,wonder why? hmemmm

 

hoping ive got this right in my head finally now....

 

pls confirm guys cheers angel x

[vint1954]

hiya all

 

have had a dn today date of the letter means i would have had to have had it on that day to rectify before the date due therefore no allowance given for delivery service ie 14 days exact from date of letter to the date before the 6.06.09...

 

 

as i now understand hope im clear in this,,,is that as they have said if i dont comply and pay the arrears then they Will Terminate the agreement - shall i pray they do cos then they can only ever claim the arrears legally due????????

 

they have done this with another of my cards too and yet not heard from them in a while,,,wonder why? hmemmm

 

hoping ive got this right in my head finally now....

 

pls confirm guys cheers angel x

 

Hi angel,

 

What company was the DN from?

 

Vint

[angel_1]

hiya again vint

 

 

how the devil are you ?

 

im fine thanks,,,,its hbos.,,,,,,,

[vint1954]

Hi Angel,

 

Thanks for asking, I am mighty fine today.

 

From the timescales I thought it might be HBOS. I had the same 14 days, faulty DN.

 

They have now terminated so I think it's game over with exception to the arrears. Just waiting for a response from someone in the know.

 

In 14 days or so you should get your termination notice.

 

Vint

[angel_1]

hiya vint

 

fab,,,,,so another one that they have got painfully wrong for them and gainfully right for us,,,lol

 

will check if you have a thread and will sub to it,,,then i will get one for me too as it s for oh, this one,,,,, i still have my other 2 im dealing with

 

must get myself sorted over next few days now

 

huge thanks laters angel x

[willtheywontthey]

which regulation states they should not terminate (and ask for full payment) an account if a. default notice is not valid and/or b. default notice details etc were adhered to even if a. applied? (as this a silly thing to do?) and c. no default actually made by them.....

 

Also what if you've paid something afterwards? Is this admittance or something?

[vint1954]

Hi Will,

 

If you have a look back to link 23 by cerberusalert , this explains it.

 

Vint

[willtheywontthey]

Thanks - I did read that part but got confused as to what was an opinion (letter from somebody to company?) and what was clear-cut law (or maybe nothing is clear cut and that's why I get confused)..... what about if you've paid something since?

 

From post linked no #23 are these regs always adhered to if the company has flouted them or are they easily interpreted away by OC?

[Pinky69]

Excuse me WillThey, this is my thread and your questions go on forever. If you need to ask about the legality of Default Notices, please start your own thread.

 

Today's update. A reply from one of the bank's who sent an invalid DN in which they continue a previous dispute with them, now long finished, and don't even mention the point I raised about the invalid DN and termination. Their customer advisers know nothing about the law. I have replied that his reply is drivel and he should pass it on to someone who understands what I am talking about. I have given them 28 days to remove the default and make an offer of compensation. I've got a feeling this is going to be long haul and will end up in court.

 

The bank who "forgot" to close my account after I had settled and entered a default over a year later has referred it to the equivalent of their complaints department. Looks like that will end up in court too in due course.

 

No reply at all from Bank 3 but they got the SAR today.

 

The more difficult they make this the worse it is for them and I am in no hurry. Have sent Letter Before Action letters to the bank who didn't close the account and 2 of the CRAs - the 3rd CRA has removed the entry.

[vint1954]

Excuse me WillThey, this is my thread and your questions go on forever. If you need to ask about the legality of Default Notices, please start your own thread.

 

Today's update. A reply from one of the bank's who sent an invalid DN in which they continue a previous dispute with them, now long finished, and don't even mention the point I raised about the invalid DN and termination. Their customer advisers know nothing about the law. I have replied that his reply is drivel and he should pass it on to someone who understands what I am talking about. I have given them 28 days to remove the default and make an offer of compensation. I've got a feeling this is going to be long haul and will end up in court.

 

The bank who "forgot" to close my account after I had settled and entered a default over a year later has referred it to the equivalent of their complaints department. Looks like that will end up in court too in due course.

 

No reply at all from Bank 3 but they got the SAR today.

 

The more difficult they make this the worse it is for them and I am in no hurry. Have sent Letter Before Action letters to the bank who didn't close the account and 2 of the CRAs - the 3rd CRA has removed the entry.

 

Pinky,

 

None of them seem to have a clue. Worrying realy. They appear to start off down a set path and are unable to deviate. The problem is that Banks think everything can be done from the computer, without human input. When you do get a human respond to you, they are only able to spout party lines.

 

I think most of these cases will end up in Court.

 

Vint