Invalid Default Notices

[frettful38]

i would write to them on some "pretext" (their demands for payment) and refer them to their unlawful repudiation of the agreement last year which was accepted and that you are still waiting to be advised of the amount of the arrears that were genuinely outstanding at the time they unlawfully terminated the agreement

 

you are letting them know that you regarded the agreement as unlawfully terminated last year (even if you did not put it in writing - of which there is no legal obligation)

 

make sure you keep letters of all future correspondence after that which, i personally would always then head:-

 

Re Your Ref Account XXXX XXXX XXXX XXXX -terminated agreement

 

Thanks so much DD. So we should just say for instance, that my friend has a copy of a unlawfully terminated agreement backed up on their pc , and my should write to them stating the advice you have given above?

[diddydicky]

yes if its true but no, if it isnt

 

the law doesn't say that you have to write to accept- merely that your actions should demonstrate the fact

 

simply referring back to your "acceptance" of the unlawful repudiation will be sufficient without actually stating the manner of your acceptance- especially if the don't respond (which is highly unlikely- since they would not admit that they unlawfully terminated anyway

[frettful38]

Thanks DD for that information.

[frettful38]

yes if its true but no, if it isnt

 

the law doesn't say that you have to write to accept- merely that your actions should demonstrate the fact

 

simply referring back to your "acceptance" of the unlawful repudiation will be sufficient without actually stating the manner of your acceptance- especially if the don't respond (which is highly unlikely- since they would not admit that they unlawfully terminated anyway

 

 

DD could you write out a demo of what I should write please if you have time, as I really do not know how to word this letter properly and don't want to end up making things more difficult.

 

I really would appreciate it.

[diddydicky]

Dear Sirs

 

re your ref Account xxxxxxxxxxxxxxxxx-terminated agreement

 

i note that you have not advised me, subsequent to my acceptance of your unlawful repudiation of the alleged agreement in 2009 as to the genuine amount of arrears that were outstanding at the time of termination, against which i may have a counterclaim for damages.

 

i look forward to your advices.

 

Yours sincerely

 

XXXX

[frettful38]

Thanks DD once again you have been amazing.

[diddydicky]

oh lord its hard to be humble

 

when your perfect in every way

 

i look at myself in the mirror

 

and get better looking each day

 

to know me is to love me

 

i must be a hell of a man

 

oh lord its hard to be humbler

 

but i'm doing the best that i can

[frettful38]

I QUITE AGREE DD,

[vint1954]

oh lord its hard to be humble

 

when your perfect in every way

 

i look at myself in the mirror

 

and get better looking each day

 

to know me is to love me

 

i must be a hell of a man

 

oh lord its hard to be humbler

 

but i'm doing the best that i can

No, go on, finish it. Or, are the lyrics involving some bricks and a wheel barrow more appropriate.

[Dotty50]

Hi,

 

Is there any 'written' timescale for them to advise the figure required after you have written accepting their unlawful rescission/repudiation?

[Desperate Daniella]

Clearly we must start a poetry thread:

 

You did a poem yesterday

And I’ve done one today,

We could start a new thread

Keep CAG out the red

If we publish and make people pay!

We could write a collection -

No agent’s rejection! -

And then non-Caggers would see

That we really can help

Make DCAs yelp

And we don’t even charge a fee.

So now is the time

To pen your own rhyme

About AIC, Wescot, and more.

The names we know well,

But our rights we can tell,

And we know how to show them door!

[vint1954]

Hi,

 

Is there any 'written' timescale for them to advise the figure required after you have written accepting their unlawful rescission/repudiation?

No Dotty, but you have asked in the letter.

[Dotty50]

Guess it will be a long wait then Vint!

 

Love the Poem Daniella.

[Desperate Daniella]

Thank you.

[charlie*]

Annnouncing...............

 

THE CAG MUTUAL ADMIRATION SOCIETY

 

By invitation only....

[frettful38]

I see the Shadow has just made the same point as me - but much more succinctly;)

 

I would send a longer letter - identical one to all 3 showing cc to the other 2 along the lines:

 

1. I took out a cca on date for £amount with OC name.

2. I was advised by OC name on date that the debt was (assigned/passed) - use word in OC's letter - to DCA1.

3. I was then advised by OC name on date that (whatever next letter said) to DCA2.

4. I believe I am now being pursued by both DCA1 and DCA2 for payment of the same alleged debt, which is contrary to OFT and FOS guidelines.

5. I require all 3 of you to advise me jointly and severally of the correct status as you believe it of any debt which may be outstanding in respect of any debt taken out or any CCA agreed by me on date from OC.

6. Until I have received confirmation from all 3 and have an identical position stated by all 3 of you, I shall enter into no further communication nor make any further payments but shall retain any payments which may be due pending a resolution as outlined above.

 

Change the words to suit - but keep the message as intended.

 

Good luck

 

BD

 

Hi BD, I received yesterday a response from one of the DCA's who have bought the Littlewoods account. This response is to the letter above which I wrote last week, what a quick response hey, anyway this is what the 1st DCA (Cabot) wrote:

 

Dear Mrs......,

 

YOUR QUERY

 

We've contacted Littlewoods Finance Company Ltd and asked them to investigate your query. Although we expect to receive a reply within 21 days, if the information we need has been archived by the original lender it could take longer.

 

Thank you for your patience.

 

Mind you I wrote a similar letter to Lowell Financial Ltd last year in June, and this is what they replied:

 

Dear Mrs........

 

Your comments that you do not acknowledge this debt has been noted. As you are aware, the above account which relates to a Littlewoods catalogue account was purchased from Shop Direct by Lowell Portfolio 1 Ltd earlier this year. On completion of the sale of the account all the details currently held on this account was transferred to the Lowell Group. Please note that you have been contacted with regards to this matter as these details suggest that you are the individual who is liable for this account.

 

Going forward, we can confirm that further details relating to this account has been requested from the Original Creditors. We will endeavor to forward this information to you once it has been received in our office. In the meantime, please be assured that all activities on this account have been suspended until this information has been received and forwarded to you.

 

We trust the above clarifies our situation for you.

 

 

Blimey, These DCA's need to make their minds up on who owns this debt. I will wait and see what Lowell's and Littlewoods write back to my letter last week. Absolutely madness this is

[lifeafterdebt]

Enjoying reading this very interesting thread!

 

Had a couple of questions though....................

 

Noticed in a previous post a suggestion that a default should be registered on your credit file within 6 months of a default notice being issued but cannot find any confirmation of this. I have looked on the OFT website but no luck. Does anyone have any details of this?

 

Also, if a default notice is invalid are they still allowed to place a default on a credit file?

 

Thanks for any replies.

 

Cheers:)

[nks22]

A default on your credit file is not the same as a Default Notice. The former can happen without the latter and may be entered just for missing one payment (even though I believe OFT guidelines say otherwise).

[lifeafterdebt]

Hi nks22

A default on your credit file is not the same as a Default Notice. The former can happen without the latter and may be entered just for missing one payment (even though I believe OFT guidelines say otherwise).

 

Ok thanks for that info.

 

Cheers:)

[haggis1984]

Enjoying reading this very interesting thread!

 

Had a couple of questions though....................

 

Noticed in a previous post a suggestion that a default should be registered on your credit file within 6 months of a default notice being issued but cannot find any confirmation of this. I have looked on the OFT website but no luck. Does anyone have any details of this?

 

Also, if a default notice is invalid are they still allowed to place a default on a credit file?

 

Thanks for any replies.

 

Cheers:)

 

I think you want the ICO default guidance:

 

http://www.ico.gov.uk/upload/documents/library/data_protection/detailed_specialist_guides/default_tgn_version_v3%20%20doc.pdf

 

Section 11:

 

• Accounts should not be routinely filed as being in default where full payments or those due under a rescheduled agreement are fewer than three consecutive months in arrears.

• Accounts should normally be filed as being in default where those payments due have not been received for six months.

[lifeafterdebt]

Thanks for the link haggis1984. Will have a read through.

[littlefatbudha]

Please help with my default problem, judge states that an arrears letter that came with default notice is sufficient to show creditors name and address as it is not on actual default notice, please help.

Car finance agreement

[nks22]

I think you want the Information Commissioner`s Office default guidance:

That's the one. Egg put a default on two accounts of mine after just one missed payment. I'm not sure whether to complain as, at best, it'll just mean them being put on at a later date.

[pedross]

Hi All

 

Just thought I would throw this one in for debate.

 

Under the 1983 amendements a DN shall contain certain information. We have debated dates, arrears, format etc but what happens if the following statements are missing

 

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

A statement in the following form--

"IMPORTANT-YOU SHOULD READ THIS CAREFULLY".

 

I know the obvious comment is that it is defective, but would it be enough to convince a court and why.

 

Thanking you all in anticipation

 

Pedross

[MandM]

Hi All

 

Just thought I would throw this one in for debate.

 

Under the 1983 amendements a DN shall contain certain information. We have debated dates, arrears, format etc but what happens if the following statements are missing

 

 

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

A statement in the following form--

"IMPORTANT-YOU SHOULD READ THIS CAREFULLY".

 

I know the obvious comment is that it is defective, but would it be enough to convince a court and why.

 

Thanking you all in anticipation

 

Pedross

 

I have one with Egg with 'prescribed' wording missing and i'm fighting it on that very point. Seems to have got the Sols in a bit of a tizzy so there must be some mileage in it. The regs are very clear on what wording MUST be included in a DN. It is a legal document not a letter.

 

 

M