Invalid Default Notices

[Melbel]

Hiya Colin

 

Ive never recived a letter for full amount or any DN, nor anything regarding termination. They claim to have sent my DN in Dec 07 and said it is valid as they didnt receive it back marked ''Not at this address'' whatever thats supposed to mean...

 

I did drop my payments to the token £1 per month in Sept 2008 when i was in trouble and they accepted that. Was paying it every month up until this month when they defaulted on my CCA request.

 

I have got a thread, i will bump it this afternoon and put the contents of the letter i received from them the other day on here.

 

[colin21958]

Hiya Colin

 

Ive never recived a letter for full amount or any DN, nor anything regarding termination. They claim to have sent my DN in Dec 07 and said it is valid as they didnt receive it back marked ''Not at this address'' whatever thats supposed to mean...

 

I did drop my payments to the token £1 per month in Sept 2008 when i was in trouble and they accepted that. Was paying it every month up until this month when they defaulted on my CCA request.

 

I have got a thread, i will bump it this afternoon and put the contents of the letter i received from them the other day on here.

 

 

Put a link on here to your thread and I'll take a look.

 

If they say they sent a DN then they must be able to produce a copy of it. If they wish to start court proceedings over the account they would need to be able to prove that they had issued a valid DN.

[cupcake68]

Hi

 

Can I ask a quick question please?

 

I am sure I have read somewhere that DN's from Mercers on behalf of Barclaycard should show Barclays address to be correct.

 

Am I right?

 

I have received a DN dated 24th May posted royal mail 1 that has a payment day of 10th June.

 

I think that makes the dates ok? So am hoping the address thing is correct.

 

Thanks

 

Cupcake

[colin21958]

Hi

 

Can I ask a quick question please?

 

I am sure I have read somewhere that DN's from Mercers on behalf of Barclaycard should show Barclays address to be correct.

 

Am I right?

 

I have received a DN dated 24th May posted royal mail 1 that has a payment day of 10th June.

 

I think that makes the dates ok? So am hoping the address thing is correct.

 

Thanks

 

Cupcake

 

Yes, other more knowledgeable people than me have definitely stated that the DN MUST have the name and address of the creditor (i.e., Barclays) on it (I have read that part of the legislation and that IS certainly what it states!). Having Mercers name and address is not sufficient. The dates do seem to me to be such as to make it valid on that score I think.

[Bigdebtor]

Cupcake

 

I would say you should now be hoping they now issue a TN or demand the full balance now - since the DN is invalid then that would be unlawful rescission. I hope neither Mercers or Barclays are learning from this thread!

 

BD

[cupcake68]

Thanks guys

 

It does have "We act as agents for Barclays bank trading as Barclaycard" on the letter but it comes from Mercers and the only address is Mercers PO Box 55 Liverpool L32 8XX

 

Cupcake

[Craigbadger]

Hi people, can I run this by you.

 

Received from the devil this morning. Looks ok to my eyes. Thing is there are about £700 unlawful charges that have been added to this account which I am shortly about to reclaim aswell as a mis sold ppi, I have won a few thousand back on loan ppi but yet to recieve the money also from Lloyds. Ideally I would be happy for this account to go to a DCA so I can get a lower settlement however if I do this, would I be right in saying that they could use the loan ppi to pay towards my card balance as the account would of been terminated and therefore the balance due?.

 

And also do Lloyds really go straight to court as described in the notice?.

 

The dn

 

http://i1017.photobucket.com/albums/af299/badgercraig/lloydsdfn001.jpg

 

http://i1017.photobucket.com/albums/af299/badgercraig/lloydsdfn002.jpg

 

 

For clarity

 

 

Arrears being asked for in dn: Roughly £160

Balance £2800 ish

Charges from last 6 years: £700 ish + contractual interest £740 ish + 8% not calculated but think it will be about £1800 once totted up.

Then there is a ppi which was active between 1998 and 2003 for which I only have the agreement, so this may prove fun.

Edited June 16, 2010 by Craigbadger

[colin21958]

Thanks guys

 

It does have "We act as agents for Barclays bank trading as Barclaycard" on the letter but it comes from Mercers and the only address is Mercers PO Box 55 Liverpool L32 8XX

 

Cupcake

 

In the Act it clearly states that it requires the Name and Address of the Creditor as clearly as it states it requires the name and address of the debtor; they are after all the two parties to the agreement! Mercers are not a party to the agreement, they are just agents... They could do administration tasks for Barclays, but the Act requires that the DN includes their own name and address; clealry the DN could be ISSUED by an agent, but it must be clear that the Notice is FROM the creditor.

[cupcake68]

Thank you

 

Cupcake

[middenmess]

Hi people, can I run this by you.

 

Received from the devil this morning. Looks ok to my eyes. Thing is there are about £700 unlawful charges that have been added to this account which I am shortly about to reclaim aswell as a mis sold ppi, I have won a few thousand back on loan ppi but yet to recieve the money also from Lloyds. Ideally I would be happy for this account to go to a DCA so I can get a lower settlement however if I do this, would I be right in saying that they could use the loan ppi to pay towards my card balance as the account would of been terminated and therefore the balance due?.

 

And also do Lloyds really go straight to court as described in the notice?.

 

The dn

 

http://i1017.photobucket.com/albums/af299/badgercraig/lloydsdfn001.jpg

 

http://i1017.photobucket.com/albums/af299/badgercraig/lloydsdfn002.jpg

 

If you claim back the u/l charges then the D/N notice would IMO be invalid as the o/s amount and the sum of the breech were incorrectly arrived at.

 

''there are about £700 unlawful charges''

 

if this figure is correct then by the time you've worked out the compound/contractual and stat.interest on top they might well owe you money!

[Melbel]

Hi Colin

 

Just bumped my thread for you with the letter i received. Its called Natwest/Triton. at top of page. (sorry, dont know how to add links)

 

thanks

[colin21958]

If you claim back the u/l charges then the D/N notice would IMO be invalid as the o/s amount and the sum of the breech were incorrectly arrived at.

 

''there are about £700 unlawful charges''

 

 

if this figure is correct then by the time you've worked out the compound/contractual and stat.interest on top they might well owe you money!

 

Yes, I agree with this. Let them terminate the account or demand the full balance, then send them a letter accepting their unlawful rescission (for the defective DN; but you don't need to TELL them that, just let them work it out for themselves!).

[rockwell304]

I am just about to try and see off Capquest/HL Legal threatening court action on a Capital One account.

 

Could someone advise if a 28 day DN from Cap One (no date specified) followed by termination would be considered enough ammunition to claim unlawful rescission? I suppose we're back to the same old argument regarding a specified date, opinions differ. Would appreciate comments in any event.

 

Many thanks,

R

[lexis200]

I am just about to try and see off Capquest/HL Legal threatening court action on a Capital One account.

 

Could someone advise if a 28 day DN from Cap One (no date specified) followed by termination would be considered enough ammunition to claim unlawful rescission? I suppose we're back to the same old argument regarding a specified date, opinions differ. Would appreciate comments in any event.

 

Many thanks,

R

 

Spot on:)

 

Personally, while it's technically against the absolute letter of the regs (yes, I do know they specify 'date' more than once before I get half a dozen irate responses;)), I would think you'd have a hard time getting a judge to accept that it's no good.

 

Trouble is, whatever way you look at it the judge is going to see that they have given plenty more than 14 days. You may get one who sticks to the letter of the law, but my guess would be that they'd think all was fair and it was a minor problem.

 

I'd love it if it was cut and dried as a chuck-out type of thing as I have my own Cap1 28 day default, but I don't think I'd rely on it if that's the only problem.

[rockwell304]

Thanks Lexis, trouble is on this I have very little else to defend with!

[diddydicky]

I have written to NatWest demanding they send me a copy of my valid default notice (i never had one) & the CCA agreement or they must remove the default.

 

They still havent sent me a CCA and they are under the impression they do not have to proove the default. They said it was a computer generated letter that went out in 07 and they cannot get a copy. I will bump my relevenat thread on this later and list the contents of the letter...

 

Surely this is wrong?

 

no its not wrong

 

the court will accept evidenceof the DN having been issued by way of a copy of their computer records and a statement that states it was posted to you and not returned

[Scrapper]

Spot on:)

 

Personally, while it's technically against the absolute letter of the regs (yes, I do know they specify 'date' more than once before I get half a dozen irate responses;)), I would think you'd have a hard time getting a judge to accept that it's no good.

 

Trouble is, whatever way you look at it the judge is going to see that they have given plenty more than 14 days. You may get one who sticks to the letter of the law, but my guess would be that they'd think all was fair and it was a minor problem.

 

I'd love it if it was cut and dried as a chuck-out type of thing as I have my own Cap1 28 day default, but I don't think I'd rely on it if that's the only problem.

 

I agree, but don't you think it's somewhat ironic that when it comes to judges, they are happy enough to quote I couldn't send that sex case down for any longer as my hands are tied guv. But when it comes to regulations about what CC and banks can do they seem to change the regs to suit them?

 

As I've always thought most but not all judges are in the financial institutions pockets.

 

If the REGS state it has to quote a date not days then it should be cut and dried. End of story.

 

I know it's totally different before anyone has a pop at me.

 

Scrapper Coco

[Craigbadger]

Yes, I agree with this. Let them terminate the account or demand the full balance, then send them a letter accepting their unlawful rescission (for the defective DN; but you don't need to TELL them that, just let them work it out for themselves!).

 

Should I put in my reclaims yet or wait for the termination?,

 

I guess worst case they eat up the charges with my reclaims, the balance would be under a grand and by satisfying the dn i'll just be letting them add on yet more interest and charges at 30% apr to the tune of £90 a month. The default doesnt matter in the slightest as I had 1 added last week and he could do with a mate.

 

By putting my claim in now would I be alerting them in any way to the fact that things are wrong.

 

Something funny ive noticed is that I removed my number from the database a few months back, logged in to my online account last week and it wouldnt let me do a thing without updating my mobile number, also there were links everywhere telling me how to pay my bill think they might be a bit worried .

 

Sorry to waffle and thanks for your opinion.

[Craigbadger]

If you claim back the u/l charges then the D/N notice would IMO be invalid as the o/s amount and the sum of the breech were incorrectly arrived at.

 

''there are about £700 unlawful charges''

 

if this figure is correct then by the time you've worked out the compound/contractual and stat.interest on top they might well owe you money!

 

Well it was about 690 exc interest and the default amount is about £160.

 

I dont think we will be far off even though tbh.

[colin21958]

Should I put in my reclaims yet or wait for the termination?,

 

I guess worst case they eat up the charges with my reclaims, the balance would be under a grand and by satisfying the dn i'll just be letting them add on yet more interest and charges at 30% apr to the tune of £90 a month. The default doesnt matter in the slightest as I had 1 added last week and he could do with a mate.

 

By putting my claim in now would I be alerting them in any way to the fact that things are wrong.

 

Something funny ive noticed is that I removed my number from the database a few months back, logged in to my online account last week and it wouldnt let me do a thing without updating my mobile number, also there were links everywhere telling me how to pay my bill think they might be a bit worried .

 

Sorry to waffle and thanks for your opinion.

 

You need to be sure they have either terminated the account or demanded the full balance. To be honest I probably wouldn't make the claim for damages against them because to do that you will be the claimant and that makes the situation much more difficult. I would probably just ask what the arrears were and (as they probably won't tell you, or admit UR) then just wait to see if they start proceedings. Defending is much easier than making the claim and then you can make a counterclaim for the damages; you must be able to show that they have terminated the agreement unlawfully though!

[Craigbadger]

You need to be sure they have either terminated the account or demanded the full balance. To be honest I probably wouldn't make the claim for damages against them because to do that you will be the claimant and that makes the situation much more difficult. I would probably just ask what the arrears were and (as they probably won't tell you, or admit UR) then just wait to see if they start proceedings. Defending is much easier than making the claim and then you can make a counterclaim for the damages; you must be able to show that they have terminated the agreement unlawfully though!

 

 

Gotya, will sit tight for a few weeks and see what happens ie a termination.

[diddydicky]

I agree, but don't you think it's somewhat ironic that when it comes to judges, they are happy enough to quote I couldn't send that sex case down for any longer as my hands are tied guv. But when it comes to regulations about what CC and banks can do they seem to change the regs to suit them?

 

As I've always thought most but not all judges are in the financial institutions pockets.

 

If the REGS state it has to quote a date not days then it should be cut and dried. End of story.

 

I know it's totally different before anyone has a pop at me.

 

Scrapper Coco

 

 

i understand your point but would argue that few,(if any) judges are "in the financial instittions pockets

[pumpytums]

Good Morning everyone,

 

having been issued with 4 DN's from the same account Santandur have finally decided to terminate the other account I have with them.

 

Letters sent by TNT S (nail) mail so at the best classed as 2nd class in reality it's much longer so minimum 4 days delivery from day after on letter. Default is dated 29th May 2010 unfortunately the next working day is 1st June as 29th is Saturday, 30st is Sunday and 31st is Spring Bank Holiday, so service will be deemed to be 4th June. The termination Notice is dated 14th June, so we are 4 days short shame that.

 

The default notice clearly states 14 days from service which is wrong anyway, numpties. If they had sent it 1st class it would still be 2 days short.

 

 

The DN:

 

The TN:

 

Shame really as I was paying token payments, the arrears are over £1k but the account has charges £300+ and PPI £300+. So UR letter off very soon and no more token payments.

 

Unlawfully rescinded with 10 days to rectify.

 

Pumpytums

Edited June 19, 2010 by pumpytums
images HUGE

[Lord_Alcohol]

"before the date shown" - the only date shown is the issue date!

 

LA

[Undercover-Elsa]

Within 14 days of service (ie receipt) just doesn't wash.. you could have been on holiday and have no idea when it arrived. Also their Bold and Underlining keys seem to have gone astray