Invalid Default Notices

[vint1954]

UKmail, TNT and the others will not be recognised as an interpreted form of mail so I assume, anything would go.

[vint1954]

Hi Vint....

 

The date on the DN is January 2009.... I looked up the info and this is what I found....

 

10A is the paragraph referred to.

 

Para 10A: inserted by SI 2007/1167, reg 33(1), (3)©.

Date in force: 1 October 2008: see SI 2007/1167, reg 1(3).

 

Thing is, would it stand up as a fault on the DN alongside other faults such as the 14 days remedy period being faulty?

 

Of course, it goes without saying, had the lender been more diligent in creating the various forms they use according to the rules of the CCAct and inserted this.....

 

'This notice should include a copy of the current OFT information sheet on default. This contains important info about your rights and where to go for support and advice. If is not included, you should contact us to get one'

 

......then I have no doubt I would have been better prepared to resolve the problem long before this ...er, if you see what I mean

 

I suppose the lender could plead they didn't have enough time to amend their forms as the date it came into force was October, 2008, just 2 months before the date on the DN........ any excuse, eh?

 

Hope you agree with this?

 

Thanks

charlie

The inclusion of the ref to the OFT guidence, is part of a statute enacted by Parliament for borrowers protection, not an optional inclusion at the behest of the creditor. They have no excuse for missing it out, any more than you could argue that although the speed limit was reduced from say 70 to 60, that when caught at 70 you could argue that you were just gradually winding down to the new limit.

 

They have to have their forms ready in time for when the act comes into force, not at their whim.

 

It may add weight to bring this to the attention of the OFT, maybe through trading standards.

[vint1954]

No excuse, IMO. I imagine they would have been notified of the requirement some time before it became obligatory.

It gained Royal assent in 2006

[emandcole]

It gained Royal assent in 2006

 

What! Only 4 years to respond!

 

No wonder they can't manage it with such tight and unrealistic deadlines

[vint1954]

What! Only 4 years to respond!

 

No wonder they can't manage it with such tight and unrealistic deadlines

I agree emandcole, but it does take a while to set up the old printing press.

 

If you google the changes, there are many sites that come up offering advice to their clients of the implications of the 2006 changes, so they have no excuses. They will have had at least a year to ramp up.

 

Problem is, that they beleive they are above the law.

[emandcole]

Problem is, that they beleive they are above the law.

 

I guess that's where CAG comes into play then. Perhaps one day we'll finally see a level playing field, everything above board, documents given the importance they should be given but I'm guessing that's a day we'll never actually see.

 

Bizarre given the fact that most organisations only ever act when profit is the motivating factor. You'd think they'd have sorted all of this out long ago.

 

Nice work anyway

[vint1954]

I don't think you will see a true level playing field, until Parliament is lobbied to act on their behaviour and non complience. Parliament are the masters of OFT, FSA etc.

 

Cag is probably the only place to fight them, but we are only screatching the surface.

[vint1954]

Perhaps we can find a sympathetic Lib Dem MP.

[DonkeyB]

Perhaps we can find a sympathetic Lib Dem MP.

 

Too busy with their noses in the trough Vint, locking themselves in for five years with a change to 55% for a no confidence vote. That's the kind of 'flexibility' the debt collection industry would like to see in the courts

[means2anend]

Public and bank holidays only count for service ( postage ) and not for the rectification period.

 

 

I think we are agreeing but can you clarify what you actually mean when you say Puiblic and Bank Hols are 'counted' for postage?

 

m2ae

[emandcole]

Perhaps we can find a sympathetic Lib Dem MP.

 

Pleased Vince Cable has been charged with looking into the banking sectors. If anyone can rip them to bits from the MP's available it'll be him.

 

Perhaps a fresh demand for better regulation would be appropriate now? I for one am sick of the kind of mass litigation DCA's engage in, purely using the court system as a filtration tool to determine who knows anything and who doesn't.

 

National disgrace. No documentation, no litigation. Would save a lot of heartache but as usual, money is the perverting factor in all of this.

[vint1954]

Too busy with their noses in the trough Vint, locking themselves in for five years with a change to 55% for a no confidence vote. That's the kind of 'flexibility' the debt collection industry would like to see in the courts

Just so DB

[vint1954]

Pleased Vince Cable has been charged with looking into the banking sectors. If anyone can rip them to bits from the MP's available it'll be him.

 

Perhaps a fresh demand for better regulation would be appropriate now? I for one am sick of the kind of mass litigation DCA's engage in, purely using the court system as a filtration tool to determine who knows anything and who doesn't.

 

National disgrace. No documentation, no litigation. Would save a lot of heartache but as usual, money is the perverting factor in all of this.

perhaps we should put a letter together.

[emandcole]

Dear Mr. Cable,

Congratulations on the new job. Please attend to the following issues.

 

 

1. The banks suck.
   
2. Debt purchasing organisations need better regulation.
   
3. Courts: New rules please. No documentation, no litigation. Period.
   

Look foward to hearing your proposals.

 

Kind Regards,

 

All at CAG.

[colin21958]

Dear Mr. Cable,

Congratulations on the new job. Please attend to the following issues.

 

 

1. The banks suck.
   
2. Debt purchasing organisations need better regulation.
   
3. Courts: New rules please. No documentation, no litigation. Period.
   

Look foward to hearing your proposals.

 

Kind Regards,

 

All at CAG.

 

Excellent! How about setting up a petition on the Number 10 site?

[Desperate Daniella]

4 (which is an extension of 3)

 

Documents which don't comply with the Consumer Credit Act and its regulations: No litigation.

 

5. Strict guidance/rules for judges: You have no discretion to interpret the rules to suit yourself and the banks.

 

Yes, I think a petition is a very good idea. Or maybe we should all write to him?

[Bigdebtor]

I think all writing individually would just get his back up. Let's get the petition set up - or how about 5 petitions, one for each topic?

 

BD

[Desperate Daniella]

You have a point there.

 

It might be possible to combine 3, 4 and 5.

 

I do think though that we should make the time quite short - every day more and more people are being distressed and made miserable - and make sure the link is posted across all the large ongoing threads. Some of the previous petitions haven't been moving, despite the enormous number of caggers, so I can only assume that those who stay on their own threads or are just on a few, or stick to just one bank thread, haven't seen them, because most caggers would support all these proposals.

[emandcole]

Think the petition would be better...but if we end up with one of many hundreds of petitions with 900 signatures on it'll be pointless.

 

How do we get this really noticed. Anyone up for a naked rally in Central London

[emandcole]

You have a point there.

 

It might be possible to combine 3, 4 and 5.

 

I do think though that we should make the time quite short - every day more and more people are being distressed and made miserable - and make sure the link is posted across all the large ongoing threads. Some of the previous petitions haven't been moving, despite the enormous number of caggers, so I can only assume that those who stay on their own threads or are just on a few, or stick to just one bank thread, haven't seen them, because most caggers would support all these proposals.

 

Can we get site team involved? Perhaps a group email to all caggers to get round the locality problem of those that view just a few threads? It needs to be a big effort if we're going to stand ny chance of it achieving anything.

[colin21958]

Can we get site team involved? Perhaps a group email to all caggers to get round the locality problem of those that view just a few threads? It needs to be a big effort if we're going to stand ny chance of it achieving anything.

 

I was just going to suggest the same thing myself. If something could be sent to all members of the site I'm sure the majority would sign it. I would think a member of the site team would be able to send a message to all other members?

 

Actually there are other forum sites dealing with the same issues, perhaps we could contact them and get them involved to?

[Bigdebtor]

I think we should just do it as CAG - and the sooner the better. If other sites want to follow suit then fine - but we should stike while Vince is still new and keen.

 

BD

[colin21958]

I agree, we should go ahead and do it, I just thought it could be a good idea to bring to the atention of other forums that the petition is up once it is, that way I am sure we would get many more signatures.

 

I have already seen two other forums and I am sure there are many more...

[smouk]

Vince Cable hasn't been given the bank regulation portfolio.

[vint1954]

4 (which is an extension of 3)

 

Documents which don't comply with the Consumer Credit Act and its regulations: No litigation. As in Scotland from this January.

 

5. Strict guidance/rules for judges: You have no discretion to interpret the rules to suit yourself and the banks. Thats one for the new justice minister, a Mr K Clarke

 

Yes, I think a petition is a very good idea. Or maybe we should all write to him?

The petitions have already been done I beleive