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      By lookinforinfo · Posted

      You will probably get a couple more reminders followed by further demands fro unregulated debt collectors with even increasing amounts to pay. They are all designed to scare you into paying.  Don't. It's a scam site and they do not know who was driving and they know the keeper is not liable to pay the PCN. Also the shop was closed so they have no legitimate interest in keeping the car park clear. So to charge £100 is a penalty as there is no legitimate interest which means that the case would be thrown out if it went to Court.  Keep your money in your wallet and be prepared to ignore all their letters and threats. Doubtful they would go to Court since a lot more people would not pay when they heard  MET lost in Court. However they may just send you a Letter of Claim to test your resolve.  If yoy get one of those, come back to us and we will advise a snotty letter to send them.  You probably already have, but take a look through some of our past Met PCNs to see how they are doing.
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      By Jaksmyboy · Posted

      Hello, been a while since I posted on here, really hoping for the same support an advice I received last time :-) Long, long story for us, but basically through bad choices, bad luck and bad advice ended up in an IVA in 2016. The accounts involved all defaulted, to be expected. In 2018, I got contacted by an 'independent advisor' advising me that I shouldn't be in an IVA, that it wasn't the solution for our circumstances and that they would guide us through the process of leaving the IVA and finding a better solution. I feel very stupid for taking this persons advice, and feel they prey on vulnerable people for their own financial gain (it ended with us paying our IVA monthly contribution to them)-long and short of it our IVA failed in 2018. At the same time the IVA failed we also had our shared ownership property voluntarily repossessed (to say this was an incredibly stressful time would be an understatement!) When we moved to our new (rented) property in August 2018, I was aware that creditors would start contacting us from the IVA failure. I got advice from another help website and started sending off SARs and CCAs request letters. I was advised not to bury my head and update our address etc and tackle each company as they came along. Initially there was quite a lot of correspondence, and I still get a daily missed call from PRA group (and the occasional letter from them), but not much else. However, yesterday i had a letter through from Lowell (and one from Capital One) advising that they had bought my debt and would like to speak with me regarding the account. There will be several.of these through our door i suspect, as we did have several accounts with Capital One. Capital One have written to us with regular statements over the last 5 years, and my last communication with them was to advise of of our new address (June 2019), I also note that all of these accounts received a small payment in Jan2019 (i'm assuming the funds from the failed IVA pot). Really sorry for the long long post, but just thought id give (some of) the background for context.... I guess my question at the moment is.....how do I respond to Lowell...do I wait for the inevitable other letters to arrive then deal with them all together or individually...? Do I send them a CCA?  Many thanks
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      hi all just got the reminder letter, I have attached it and also the 2nd side of the original 1st pcn (i just saw the edit above) Look forward to your advice Thanks   PCN final reminder.pdf pcn original side 2.pdf
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Invalid Default Notices

Pinky69

By Pinky69
in Debt Collection Agencies

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diddydicky

diddydicky

Posted
Posted

i would say that provided the DN is as laid down and identifies the creditor and debtor s names and addresses the details of the account and what the alleged default is etc etc and where the debtor should make payment to then it would not be an issue as to who issued or served the DN

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diddydicky

diddydicky

Posted
Posted
Im with you - as the DCA can't facilitate a rolling credit agreement when the arrears have been paid this is termination.

 

Howver, there have been cases on CAG where the OC has withdrawn credit facilities (perhaps due to a change in circumstances of the debtor) whilst the account had an outstanding balance. The OC then still allows the debtor to make monthly repyaments at the same rate as before, just doesnt allow anymore borrowing.

 

So are we saying that in this instance there is no termination as the OC could choose to re-facillitate credit availabillity (however unlikely, dont think Ive ever heard of this happening)?

 

 

most agreements allow the creditor to restrict or prevent use of the card, to reduce or increase the credit limit without terminating the agreement

 

providing the debtor is still able to enjoy the benefit of repaying what is owed by montly instalments of his own choosing (subject usually to a mimimum) then the agreement endures and the creditor is not in breach

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haggis1984

haggis1984

Posted
Posted
most agreements allow the creditor to restrict or prevent use of the card, to reduce or increase the credit limit without terminating the agreement

 

providing the debtor is still able to enjoy the benefit of repaying what is owed by montly instalments of his own choosing (subject usually to a mimimum) then the agreement endures and the creditor is not in breach

 

So a defaulted account sold to a DCA who doesn't demand the balance in full and allows monthly repayments at the same rate as the OC hasn't been terminated?

I have no legal qualifications whatsoever, so please check any input I have for accuracy. And please correct me if you disagree!

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vint1954

vint1954

Posted
Posted
So a defaulted account sold to a DCA who doesn't demand the balance in full and allows monthly repayments at the same rate as the OC hasn't been terminated?

Don't think that is quire what DD means Haggis.

 

The OC can continue with the agreement letting you pay monthly minimum and may even let you have a credit limit, but if they sell it to a third party, who cannot offer those facilities, then they have to terminate to enable the sale.

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vint1954

vint1954

Posted
Posted
Another aspect of termination is on CRA files. I recently noticed in my Experian records that a disputed account, not paid for 12 months is now marked as "8" which in the explanatory notes states "8 - terminated"

Now this a/c has the dodgiest DN ever dodged by Dodgy McDodge, and they demanded full balance months ago but have never sent a termination letter. I'm pretty sure the demanding full balance is enough evidence of termination, but wonder how the Experian report would stand up in Court...

Hi Elsa,

 

I think that is what shadow is saying and he is spot on in his first post on the matter.

 

The creditor issues a DN. If you can recify the default, then the agreement quite simply endures, as if the breach had never occured.

 

If they want to sell on the agreement, then it must be to someone who has the facilities to cary that agreement on.

 

If they want to sell the debt without an enduring agreement, then they need to default and terminate that agreement. They seem to think that they do not need to terminate an agreement officialy, often quoting s98, poor lambs. s 98 being for non default situations.

 

Demanding a ballance in full does end the agreement. s87-88.

 

It is worth a try with the CRA's regarding faulty DN's, but I think that the only sure way of removal is as part of the eventual court outcome, when you win.

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haggis1984

haggis1984

Posted
Posted
Don't think that is quire what DD means Haggis.

 

The OC can continue with the agreement letting you pay monthly minimum and may even let you have a credit limit, but if they sell it to a third party, who cannot offer those facilities, then they have to terminate to enable the sale.

 

I think Ive finally got it :)

I have no legal qualifications whatsoever, so please check any input I have for accuracy. And please correct me if you disagree!

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frettful38

frettful38

Posted
Posted
I'm not too sure you can start with 'I took out a cca' then change to 'alleged debt', especially if they have an agreement which kind of blows the alleged bit away?? Perhaps if you want to keep the alleged bit in you could amend 'took out a cca' to 'applied for an account' or similar.

 

 

Right I have received the first of the replies to the letters that I sent above to the 2 DCA's and Littlewoods.

 

 

1st Letter I have received is from Lowell Financial and they have wrote:

 

"Further to your previous correspondence regarding the above account.

 

We have queried Shop Direct who have now requested that we cease all activity on this account as it was passed in error to ourselves.

 

We apologise for any distress or inconvenience this matter may have caused you.

 

 

So that is good news, one DCA down hey. I received a letter from Cabot last week and they wrote that they have requested information from Littlewoods and will get in touch with me as soon as they hear anything.

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emandcole

emandcole

Posted
Posted

Looking for a case if anyone can help out?! Will tip some scales to anyone who comes up with it :grin:.

 

The case refers to injury to credit and was perhaps after an unlawful rescission of contract. The vital component to the case was that the injured party did not have to prove actual loss, the mere entry of what turned out to be an invalid default notice on the credit file amounted to enough injury due to the importance society places on being able to obtain credit.

 

Have done an advanced search and just can't find out but I read it pretty recently on the forum so hopefully someone else read it too :p

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haggis1984

haggis1984

Posted
Posted
Looking for a case if anyone can help out?! Will tip some scales to anyone who comes up with it :grin:.

 

The case refers to injury to credit and was perhaps after an unlawful rescission of contract. The vital component to the case was that the injured party did not have to prove actual loss, the mere entry of what turned out to be an invalid default notice on the credit file amounted to enough injury due to the importance society places on being able to obtain credit.

 

Have done an advanced search and just can't find out but I read it pretty recently on the forum so hopefully someone else read it too :p

 

Think you want Durkin vs DSG retail ;-)

  • Haha 1

I have no legal qualifications whatsoever, so please check any input I have for accuracy. And please correct me if you disagree!

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welshperson3

welshperson3

Posted
Posted
most agreements allow the creditor to restrict or prevent use of the card, to reduce or increase the credit limit without terminating the agreement

 

providing the debtor is still able to enjoy the benefit of repaying what is owed by montly instalments of his own choosing (subject usually to a mimimum) then the agreement endures and the creditor is not in breach

 

Do DCA hold a license to operate credit cards if not then it is obviously terminated as they cant keep to the original agrrement.thus taking away your rights under the contract.

 

your right to more credit is not your only right under the contract

 

wp3

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banker_rhymes_with

banker_rhymes_with

Posted
Posted

Hello emandcole!

 

Looking for a case if anyone can help out?!

 

The case refers to injury to credit and was perhaps after an unlawful rescission of contract. The vital component to the case was that the injured party did not have to prove actual loss, the mere entry of what turned out to be an invalid default notice on the credit filelink3.gif amounted to enough injury due to the importance society places on being able to obtain credit.

 

Have done an advanced search and just can't find out but I read it pretty recently on the forum so hopefully someone else read it too

 

I think from what you say you may mean...

 

Kpohraror v Woolwich Building Society

 

I regret I don't have a link for that, but there are PDF copies knocking around if you search on Google.

 

Cheers,

BRW

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brooooooooooce

brooooooooooce

Posted
Posted

Hi.

 

Just had a DN issued by HSBC. The date of the DN was 23.2.10, it was sent first class and arrived today, 25.2.10. The DN gives me until 9.3.10 to remedy. If no reply by then they state they will terminate without further notice. What do you think?

 

My SAR produced an agreement but it didn't contain any PT's. Been at HSBC since September asking them to confirm where my agreement contained the PT's. They just refuse to reply and keep claiming the agreement is enforceable.

 

Cheers.

Brooooooooooooooooooooooooooooooooooooooce's success's so far:

 

Capital One - 15% f & f saving £4,250

Barclaycard - 25% f & f saving £12,000

Blackhorse - reduced loan settlement saving £1,605

Cahoot - 15% f & f saving £2,740

MBNA - 20% f & f saving £26,800

Lloyds TSB 28% f & f saving £7,377

 

Total written off to date: £54,772!!!!!!!!!!!!!!

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silverfox1961

silverfox1961

Posted
Posted
Hi.

 

Just had a DN issued by HSBC. The date of the DN was 23.2.10, it was sent first class and arrived today, 25.2.10. The DN gives me until 9.3.10 to remedy. If no reply by then they state they will terminate without further notice. What do you think

 

Cheers.

 

 

SHHHH! :D

 

I think they have forgotten that there are only 28 days in February.

 

Numpties:D

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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brooooooooooce

brooooooooooce

Posted
Posted

You reckon? I was thinking HSBC was starting my 14 days from the date of the letter not when I got it. Is this an unlawful repudiation?

Brooooooooooooooooooooooooooooooooooooooce's success's so far:

 

Capital One - 15% f & f saving £4,250

Barclaycard - 25% f & f saving £12,000

Blackhorse - reduced loan settlement saving £1,605

Cahoot - 15% f & f saving £2,740

MBNA - 20% f & f saving £26,800

Lloyds TSB 28% f & f saving £7,377

 

Total written off to date: £54,772!!!!!!!!!!!!!!

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silverfox1961

silverfox1961

Posted
Posted
You reckon? I was thinking HSBC was starting my 14 days from the date of the letter not when I got it. Is this an unlawful repudiation?

 

 

Not yet, They have to terminate the account first and yes they have probably started the 14 days from the date of your letter. I was just being fecetious:)

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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brooooooooooce

brooooooooooce

Posted
Posted

Soooooooooooooooo, Foxxy, do I wait until after the 9th March, then send the acceptance letter? Or do I have to wait till they write advising the agreement is terminated (their letter says '..we will terminate the Agreement without further notice to you...'?

 

Cheers.

Brooooooooooooooooooooooooooooooooooooooce's success's so far:

 

Capital One - 15% f & f saving £4,250

Barclaycard - 25% f & f saving £12,000

Blackhorse - reduced loan settlement saving £1,605

Cahoot - 15% f & f saving £2,740

MBNA - 20% f & f saving £26,800

Lloyds TSB 28% f & f saving £7,377

 

Total written off to date: £54,772!!!!!!!!!!!!!!

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Worsteve

Worsteve

Posted
Posted

Sorry for Hijacking this thread..however...I have a DN dated 070109, with a repayment date of 26th Jan...I believe that it is 1 day short from reading the 'Requirement for a Valid Default Notice' etc., etc.,

 

I go to court on 1st March to set aside my Default CCJ and for my charging order hearing all at the same time. As far as I can see, I have not received official documentation to state that the account has been terminated. I just started to get letters from DCA's. It is now Incasso who are taking me to court. I just want to make sure that if I state my reasons to set aside my CCJ, are because the DN is invalid, and therefore the loan agreement in recission,....... that I do not have to have the account terminated by RBS first.

 

Help is greatly appreciated as time is short......:|

 

Many Many Thanks

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silverfox1961

silverfox1961

Posted
Posted

I think that they will contact you after the 9th so wait for that then accept their termination but make no mention of it being unlawful as yet.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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brooooooooooce

brooooooooooce

Posted
Posted

Cheers for that

Brooooooooooooooooooooooooooooooooooooooce's success's so far:

 

Capital One - 15% f & f saving £4,250

Barclaycard - 25% f & f saving £12,000

Blackhorse - reduced loan settlement saving £1,605

Cahoot - 15% f & f saving £2,740

MBNA - 20% f & f saving £26,800

Lloyds TSB 28% f & f saving £7,377

 

Total written off to date: £54,772!!!!!!!!!!!!!!

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emandcole

emandcole

Posted
Posted
Hello emandcole!

 

 

 

I think from what you say you may mean...

 

Kpohraror v Woolwich Building Society

 

I regret I don't have a link for that, but there are PDF copies knocking around if you search on Google.

 

Cheers,

BRW

 

Hi BRW, just dishing out some scale tipping as promised to those who made a contribution but yours wouldn't let me as I've already done it too recently in the past. Didn't want you to think I'd forgotten my promise to do some scale tickling so I guess I owe you one :D.

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kregrs

kregrs

Posted
Posted

Can I ask a question. From reading thru this thread, I gather I need to accept Welcome's offer of unlawful termination? My question is, I received my default and termination back in August 08, agreement taken out in Feb 08. I never received these notices until last year when I sar'd them, and have just sat on them until now as its now been 18months since they were issued, and Welcome have made no attempt to recover the car or haul me before a court! So, can I write and accept their offer of unlawful termination now, and only owe them a few months arrears? If I can it would be extremely helpful, car was 7.5k and total agreement is just short of 14k.

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