Invalid Default Notices

[vint1954]

Hopefully someone can see if this CCA and DN are valid, if not could point out anything they see not right. This debt is with Littlewoods and in March 09 was assigned to Cabot Financial UK and then assigned to Lowell Financial Ltd in May 09 by Littlewoods.

I am now being chased by Cabot for the debt. It is not a huge amount and have not complained to the FOS, as I believe they are more incompetent than the DCA's themselves. So would like to see what others advise. Here is the cca sent by Littlewoods and the DN.

 

Is this CCA correct?

 

http://i450.photobucket.com/albums/qq223/sophiak_bucket/LittlewoodsCCA.jpg

 

Is this DN correct?

 

http://i450.photobucket.com/albums/qq223/sophiak_bucket/LittlewoodsDN.jpg

Both look OK frettfull.

[vint1954]

Would something as "basic" basic as ruling one day short, when the Act clearly states 14 days be grounds for appeal or would you be stuck with that judgement?

The act says 14 clear days, so 14 it should be. However lower court judges have their own agenda some times. On its own its fairly flimsy but as part of a series of faults it all adds up.

[lexis200]

Yep, 'fraid I agree with Vint. Sorry frettful:(

[frettful38]

Both look OK frettfull.

 

 

Thanks vint, I was just wandering whu Littlewoods sold the debt to two different DCA's, I really don't want to complain about that to the FOS as they take so long and you don't get the results that one is looking for.

 

Anything you advise that I should do please about this situation?

[frettful38]

Yep, 'fraid I agree with Vint. Sorry frettful:(

 

No probs lexis200, but Littlewoods have refused to refund me £100 worth of charges which I was hoping they would so could bring my debt down to a minimal. Can I still reclaim these £12's charges as a bargaining tool against them?

[vint1954]

Thanks vint, I was just wandering whu Littlewoods sold the debt to two different DCA's, I really don't want to complain about that to the FOS as they take so long and you don't get the results that one is looking for.

 

Anything you advise that I should do please about this situation?

They probably have not sold it, just given to 2 DCA's to chase, unless you have been notified about the sale. You could write to them, explaining your current situation and offering a reduced payment maybe £1-2 per week. Is the ballance high?

[frettful38]

They probably have not sold it, just given to 2 DCA's to chase, unless you have been notified about the sale. You could write to them, explaining your current situation and offering a reduced payment maybe £1-2 per week. Is the ballance high?

 

Balance is not high at all, its just if they refunded the charges then I would pay the rest off in one go, but they have been more than extremely unreasonable from day 1 when it comes to negotiating.

 

I did explain my situation till I was blue in the face, but no surprise there as with lenders and DCA's these days.

 

P.S I was notified of the sale, I have two letters from Littlewoods confirming they have sold my debt to two different DCA's

[Bigdebtor]

No probs lexis200, but Littlewoods have refused to refund me £100 worth of charges which I was hoping they would so could bring my debt down to a minimal. Can I still reclaim these £12's charges as a bargaining tool against them?

 

I can't see why you can't claim these £12's plus any aditional interest charged on them. IMHO they have PROVE it cost them £12 to justify charging you £12 a time - otherwise unfair and unenforceable penalty.

 

I have done a letter in a Capital One thread that you may find useful to take bits out of.

 

Good luck.

 

BD

[lexis200]

Isn't it against OFT guidelines to have it with two DCA's at once? I realise they don't give a t**s about guidelines, but it may be worth a quick letter to tell them to pick a party to work with!

 

No idea about charges as I need to look into this for myself - we have several grand (I say 'we', what I actually mean is OH as I ran my accounts well until going broke:rolleyes:) owing and I must get on top of it!

[frettful38]

I can't see why you can't claim these £12's plus any aditional interest charged on them. IMHO they have PROVE it cost them £12 to justify charging you £12 a time - otherwise unfair and unenforceable penalty.

 

I have done a letter in a Capital One thread that you may find useful to take bits out of.

 

Good luck.

 

BD

 

Thanks Bigdebtor, I did try and reclaim and they have written to and refused point blank to refund these charges or enter in to any negotiations about these charges. Cheeky Fxxxxx's. Thanks for the advice

[frettful38]

Vint, I have a letter from Littlewoods in March 09 confirming that

 

"YOUR ACCOUNT WAS LEGALLY ASSIGNED TO CABOT FINANCIAL LIMITED"

 

I also have a letter from Littlewoods in May 09 confirming that

 

"YOUR ACCOUNT HAS BEEN SOLD TO LOWELL FINANCIAL LTD ON MAY 09"

 

So I am being contacted by Cabot who are acting on behalf of Littlewoods, but my debt was sold to Lowell two months after Littlewoods assigned it to Cabot in March 09.

It don't take a genius to work out that Littlewoods have messed up does it?

[Bigdebtor]

How about working out the charges AND associated contractual interest (if they applied this) and then getting a THIRD PARTY to send a cheque annotated as FULL & FINAL SETTLEMENT OF BALANCE NOW DUE OF £xxx.xx on account no XXXX in name of M Frettful. Cheque only to be banke din acceptance as F&F.

 

Put in a covering letter (I think I saw one on another thread a few weeks ago) - quote cheque no, amount etc. - specify this cheque MUST be returned UNLESS accepted as F&F and account marked as settled in full with all CRA's - send recorded delivery - I bet they will bank it and then thgey will not take you to court - if they do they will LOSE - see Case Law in other threads focussing on F&F and especially on 3rd party F&F payments.

 

Good luck!

 

BD

[frettful38]

Thanks BD, I will have a think about that. In fact I would welcome that they take me to court if for nothing else I would like the courts to see how unreasonable they have been since day 1, regardless of my endless efforts to pay off in installments.

 

Anyways, thanks for the advice but I am not ready to send off any payment just yet until I can sort this matter out beforehand.

[Bigdebtor]

OK - How about doing them a letter first offerring £xxx in F &F - based on balance minus all £12 charges - acceptance needed within 21 days (put an actual date to avoid doubt) - and see if they accept this?

 

BD

[lexis200]

If you're even vaguely thinking of this DO NOT do anything with any DCA's - only with the OC.

 

Even if a DCA does accept it, the likelihood is that the OC will simply turn around and say that they did not agree to it and the rest is still payable.

 

Also, if you do an F+F make sure you make it very very clear that the debt is wiped out and will not be chased by them or any other company at any time in the future, and that you need that in writing from them.

 

I do have a very good letter that BRW penned for me if you decide to try this option. It didn't work with a single one unfortunately, but I was making very low offers....

 

edit - one thing I have been thinking about doing with the banks that OH has substantial charges on is making an offer using those charges. For instance, one of his cards with an enforceable cca is about £7k, but PPI alone comes to about £6.5k and then there's charges of about £1.5k on top. I'm toying with the idea of saying to them that I can either start the claim for charges which will be time consuming for both of us and probably very expensive for them, or they can zero the debt and in all likelihood save themselves about £1000 and a hell of a lot of paperwork. Knowing how illogical the banks are they probably wouldn't go for it, but I'm looking into it all the same.

Edited February 2, 2010 by lexis200

[frettful38]

OK - How about doing them a letter first offerring £xxx in F &F - based on balance minus all £12 charges - acceptance needed within 21 days (put an actual date to avoid doubt) - and see if they accept this?

 

BD

 

 

Thanks BD, I will have a think about this, but need to clarify a few things up before making any F & F with them.

[angel_1]

hiya lexis

 

hope you are okay by the way back with gutso, lol

 

anyway i totally agree and get any defaults agreed to be wiped off your credit file always very useful if they will do that

 

and importantly get a proper signature from a proper manager from the firm to agree in writing on proper headed paper, leave nothing to chance

 

have a fun day laters angel x

[frettful38]

If you're even vaguely thinking of this DO NOT do anything with any DCA's - only with the OC.

 

Even if a DCA does accept it, the likelihood is that the OC will simply turn around and say that they did not agree to it and the rest is still payable.

 

Also, if you do an F+F make sure you make it very very clear that the debt is wiped out and will not be chased by them or any other company at any time in the future, and that you need that in writing from them.

 

I do have a very good letter that BRW penned for me if you decide to try this option. It didn't work with a single one unfortunately, but I was making very low offers....

 

Thanks lexix200, I think the OC has broken the OFT Guidelines by passing my debt to two different DCA's, and also being unreasonable as not taking the consumers financial situation in to consideration and treating them fairly.

So I don't want to be vindictive but then again having been treated as I have believe that I should stand my grounds on this.

[lexis200]

Hey angel:)

 

I have seen your pm but every time I go to answer it I get called off the lappy:rolleys:

 

I'll reply asap:)

[angel_1]

ahhhhhhh i know the feeling lexis

 

no worries in your own good time -

 

to everyone have a positive and happy day - cheers angel x;)

[frettful38]

First of all I should write to the OC and state that I will have no dealings with any DCA, as I do not know which one to correspond. Littlewoods said they ASSIGNED debt to Cabot in March 09, then SOLD it to Lowell in May 09.

 

I have nearly £100 in charges and this mess has been going on since 2008. Littlewoods have refused my numerous of repayments, so I will see what I should do next...........................................

[Bigdebtor]

Thanks lexix200, I think the OC has broken the OFT Guidelines by passing my debt to two different DCA's, and also being unreasonable as not taking the consumers financial situation in to consideration and treating them fairly.

So I don't want to be vindictive but then again having been treated as I have believe that I should stand my grounds on this.

 

How about just writing to ALL 3 (the 2 DCA's and the OC) - just saying you are confused as to who is running this show and with whom you should now be negotiating any settlement - whilst not acknowledging the balance actually due is as quoted by them (say who).

 

If it does go to court then you want to be seen to have taken every reaasonable step to get a resolution first. etc

[frettful38]

How about just writing to ALL 3 (the 2 DCA's and the OC) - just saying you are confused as to who is running this show and with whom you should now be negotiating any settlement - whilsyt not acknowledging the balance quoted. If it does go to court then you wat to be seen to have taken every reaasonable step to get a resolution first. etc

 

 

Thanks BD that is a very sensible way forward regarding this confusion.

[frettful38]

OK I received a letter from Cabot a few days ago in which they stated that Littlewoods confirmed that my dispute with them was fully resolved and therefore the balance is therefore correct and outstanding.

 

I have just received a letter from Lowells's and they have written,

 

"We write in respect of the above debt, which as previously notified in writing we have purchased from Shop Direct.

 

We are now entitled to receive payment of the balance xxxx from you and enclose a copy of your agreement as requested. Neither Shop Direct nor ourselves are aware of any reason of any reason for non-payment.

 

Please kindly make payment of the outstanding debt or contact us within 7 days of the date of this letter to agree acceptable payment proposals, failing which we reserve the right ti instruct our solicitors to issue legal proceedings against you without further notice.

 

This letter is dated the 27th January 2010 and the envelope is date stamped 1st February 2010. The 27th was a Wednesday and postage paid was for 50p, so it was 1st class, yet it took 6 days to get to me and leaves me one day out of the 7 days they have gave to contact them. They are too clever.

 

Can you see the tricks that are being played here. Maybe I should write and offer that they should take me to court, as I believe I would be better off.

[emandcole]

Agree, it is unreasonable for the original creditor to have split any debt into two parts and for you to have to now deal with two DCA's/owners. Where in the terms and conditions did it say this could happen?

 

I thought the original creditor had the right (where contractually reserved) to assign/pass on the rights of the debt but not to turn it into confetti with new owners all over the place?!

 

I'd write and place the accounts in dispte until such time as they can explain what's going on. Two accounts from one effectively means two lots of additional charges, two lots of additional interest etc etc. One for the authorities to intervene in unfortunately on the grounds of unfairness possibly. Technically it is a breach of the OFT debt collection guidelines as two DCA's (owners or otherwise) are now chasing what is still one debt.

 

Get the original creditor to explain what they were doing, where does it end otherwise, split it into ten pieces?

 

Have you got the original default notice? If it's invalid and the OC terminated on you the debt is finished anyway. Perhaps a better way to go?