Invalid Default Notices

[MARKWHEETY]

Love it!!! Reading this with great interest - why dont they (Halifax and co) admit they got it wrong.....

[lexis200]

I would love to see you trounce them with this Pinky. I'd be very interested in what the chairman has to say about it all!

 

Can I just ask how you managed to find the CEO address? Do you just send it to the normal address marked FAO CEO, or did you manage to find a proper address?

 

I only ask as I'm trying to do the same for several banks but I'm having a hard time finding anything. I've Googled but come up with so many names I think I'll end up sending them to the wrong people:rolleyes:

[the_shadow]

I would love to see you trounce them with this Pinky. I'd be very interested in what the chairman has to say about it all!

 

Can I just ask how you managed to find the CEO address? Do you just send it to the normal address marked FAO CEO, or did you manage to find a proper address?

 

I only ask as I'm trying to do the same for several banks but I'm having a hard time finding anything. I've Googled but come up with so many names I think I'll end up sending them to the wrong people:rolleyes:

 

Phone the bank and ask the name of their CEO, I cant think of any reason why they should want to hide the information.

 

S.

[lexis200]

But that would be really simple and would take hardly any time or research :D

 

I am feeling a little that it didn't occur to me in the first place:)

 

Thank you:)

[exchange]

CEO e-mail addresses - CEO email address - chief executive officer - managing director

 

Hi lexis200, try this link for a list of CEO's.

[Pinky69]

I have used the google CEO addresses before to good effect. This time I sent it ti the Chairman at the address of the bank's registered office.

[cashins]

I have used the google CEO addresses before to good effect. This time I sent it ti the Chairman at the address of the bank's registered office

.

 

Like that.

 

Being e-mail, at least you know he's seen it. Trouble is when you write to them, it's a fair bet the secretary/PA will open it and simply send it down to the complaints dept, (who are very often the problem anyway!!!)

 

David

[Pinky69]

I wrote to Andy Hornby when he was CEO of HBOS. His PA dealt with it and a loan of £7400 was written off. I also had success with the CEO of BT when friend's identity was stolen. What might have taken months was fixed in 3 days. It is always worth a shot. They like to think they can be hands on and their PAs like to be seen to have sorted a problem for the boss when underlings couldn't do it.

[cashins]

PAs like to be seen to have sorted a problem for the boss when underlings couldn't do it.

 

Don't knock em I suppose.

 

Some years ago I worked for a Ltd company that was a subsiduary of a major bank. The Chairman was retiring and his PA, (who became known as 'Queen Bee'), did in fact appear to be running the company for a period until the succession was arranged..

 

The company had a turnover of over £1 billion, (back in the 80's)

 

David

[Undercover-Elsa]

Hi

Re the HBOS CEO - In view of the takeover by Lloyds would it now be Lloyds CEO you'd need to write to, or would HBOS retain their own?

It's still listed as Hornby on the CEO email addresses website.

It's too hot to think...

Elsa x

[lexis200]

Thanks all for the input - very handy reading.

 

Lexis:)

[Stressed150]

following this with interest.... love your thread Pinky good luck xx

[Pinky69]

HBOS Board was disbanded and only 2 members of the board joined Lloyds Group. The CEO of the group is a man called Eric Daniels and you should write to him HBOS complaints.

[Undercover-Elsa]

HBOS Board was disbanded and only 2 members of the board joined Lloyds Group. The CEO of the group is a man called Eric Daniels and you should write to him HBOS complaints.

Nice one Pinky69, thanks for that.

Yooh hoo Lexis..bit tied up this week, but still popping in to make sure you're NOT behaving yourself

I'm still walking in your footsteps..did you drop a book called HBOS-my part in their downfall ?

 

Loved your DCA guide btw!!!

Elsa xx

[Pinky69]

Ok gang, the case against Bank 1 and the first case against Bank 2 (credit card, invalid DN) will be lodged at court this coming Thursday.

 

I need you to get your thinking heads on for the second case against Bank 2 (loan, invalid DN which I don't have a copy of).

 

I cannot make a case on the grounds of an invalid DN in this case - I am going to have to say I didn't receive one. I have asked twice for a copy from the bank - no reply. I sent an SAR and they returned my tenner, saying that the SAR reply they gave for the card covered both accounts. That's bull. I received 2 microfiched application forms and a couple of letters I sent them years ago and that is it. Is that all they have on file - nothing else? I will be asking again for a copy when I lodge the case at court.

 

When I wrote to complain, the bank replied 1) the "defaults" as they called them gave sufficient time to remedy the breach - how do they know that if they have no DNs? That is bull too because the DNs definitely did not give sufficient time to remedy the breach. 2)they said they could cancel the agreements if they wanted without DNs - more bull. My feeling is that that whole letter was just bluff. They wrote to the DCA they passed it to that they had no evidence on file to support my view that the accounts had been unlawfully terminated and asked the DCA to ask me to contact the banks complaints department to sort it out. I have been through all that and got nowhere. I didn't do that because in their bull letter they told me not to write to them again because they wouldn't reply(was it something I said?)

 

So, a bit of a hurdle because of a mislaid DN. Pulling all this together, my gut feeling is they really don't have these DN's on file - they don't seem to have anything on the loan on file. I am going to go with they never sent me a DN for the loan - I have got to anyway because I have no proof they have - and if they reconstruct one I am going to ask for proof of postage in court. Also, it will seem weird if 3 separate requests for a copy of the DN and a request for evidence from court go unanswered and they suddenly produce on one in court.

 

All your views are very much appreciated.

[diddydicky]

Ok gang, the case against Bank 1 and the first case against Bank 2 (credit card, invalid DN) will be lodged at court this coming Thursday.

 

I need you to get your thinking heads on for the second case against Bank 2 (loan, invalid DN which I don't have a copy of).

 

I cannot make a case on the grounds of an invalid DN in this case - I am going to have to say I didn't receive one. I have asked twice for a copy from the bank - no reply. I sent an SAR and they returned my tenner, saying that the SAR reply they gave for the card covered both accounts. That's bull. I received 2 microfiched application forms and a couple of letters I sent them years ago and that is it. Is that all they have on file - nothing else? I will be asking again for a copy when I lodge the case at court.

 

When I wrote to complain, the bank replied 1) the "defaults" as they called them gave sufficient time to remedy the breach - how do they know that if they have no DNs? That is bull too because the DNs definitely did not give sufficient time to remedy the breach. 2)they said they could cancel the agreements if they wanted without DNs - more bull. My feeling is that that whole letter was just bluff. They wrote to the DCA they passed it to that they had no evidence on file to support my view that the accounts had been unlawfully terminated and asked the DCA to ask me to contact the banks complaints department to sort it out. I have been through all that and got nowhere. I didn't do that because in their bull letter they told me not to write to them again because they wouldn't reply(was it something I said?)

 

So, a bit of a hurdle because of a mislaid DN. Pulling all this together, my gut feeling is they really don't have these DN's on file - they don't seem to have anything on the loan on file. I am going to go with they never sent me a DN for the loan - I have got to anyway because I have no proof they have - and if they reconstruct one I am going to ask for proof of postage in court. Also, it will seem weird if 3 separate requests for a copy of the DN and a request for evidence from court go unanswered and they suddenly produce on one in court.

 

All your views are very much appreciated.

 

for court purposes (if it gets that far) if the dn was allegedly issued a long time ago check the signature on the dn supplied- was that person working for them then- call as a witness-they would find it nigh on impossible i think to installl any knocked up dn into their files in chronological order anyway

[Pinky69]

Thanks for that, Dicky. I have just been going through the papers they sent me and they are ALL old and microfiched. There is nothing from 2007 onwards. What do you think might have happened? Would they have destroyed them and not microfiched them thinking they wouldn't need them when they sold them on? I don't know how this electronic filing works. Does that mean they would find it hard to reconstruct an agreement and file it electronically without it being obvious they had done so? The terminations were both in January 2008. Everything was done in tandem - if I got a letter about the credit card, a few days later I got the same letter about the loan. They have no statements of any kind.

 

It is interesting that you say "if it gets that far." I've got a feeling they are not going to turn up in court.

[Pinky69]

I have been reading around the other threads on Default Notices and one posting from a long-term CAGER saod most companies don't keep copies of them! Thats' encouraging.

[the_shadow]

I have been reading around the other threads on Default Notices and one posting from a long-term CAGER saod most companies don't keep copies of them! Thats' encouraging.

 

Most dont, they mostly use a template letter to mailmerge the account details/address etc into the form. All they probably have is an entry on their memo system which states default notice created and sent... probably doesnt even record the postage used, in which case use the 4 days second class postage until proved otherwise.

 

S.

[Pinky69]

Great - so they cannot produce the DN and won't have proof of postage. And the bull letter was just pure bluff. The court will love that!

 

Well, I've been tweaking away at all the cases this weekend and they are now ready for court. I decided at the end of the week I had better send Letters Before Action just to make it watertight so the new date of lodging them is now 16 July. Will they turn up?? Ha! We will have to wait and see! I'll be ready for them if they do!!

 

Thank you all so much for all your help and support - you have been great, as always. Now we have to sit and wait a while but I'll be back when I get dates.

[IdaInFife]

Hi Pinky,

 

Been keeping up on your thread, just showing support and will keep an eye on it, if i mind right don't think I am anywhere near you as if they go all the way would turn up at court with a banner.

 

Ida x

[spartathisis]

Its a good job iv kept everything ever sent by a OC/DCA, cabot have managed to get from halifax an app form/cca from 21yrs ago!! its valid as well:(

 

Good news is the halifax sent a defective DN 18mnths ago so that will scupper cabot (eventally). subbing with interest.

[Pinky69]

Guess what I have been doing - yes, you guessed it (because you are clever CAGERS) - I've been tweaking away! I'll have them tweaked to death! The two credit card cases are very similar so I have been cutting and pasting the best bits from each of them and inserting them in the other. There are umpteen breaches of legislation in there - the CCA 1974, the Consumer Credit (Agreements) Regulations 1983, the DPA 1998, the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 and the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 and each section and sub clause has to be absolutely spot on. I wonder if the will give me a job at the court afterwards!

[300]

Go Pinky.

[diddydicky]

Guess what I have been doing - yes, you guessed it (because you are clever CAGERS) - I've been tweaking away! I'll have them tweaked to death! The two credit card cases are very similar so I have been cutting and pasting the best bits from each of them and inserting them in the other. There are umpteen breaches of legislation in there - the CCA 1974, the Consumer Credit (Agreements) Regulations 1983, the DPA 1998, the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 and the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 and each section and sub clause has to be absolutely spot on. I wonder if the will give me a job at the court afterwards!

 

so I have been cutting and pasting the best bits from each of them and inserting them in the other.

 

naughty person- did you train as a DCA then! (LOL)