Invalid Default Notices

[lord_tiger_putin]

Have you received a DN from Vanquis?

 

Yes we received the DN's but I want to get the confirmation they do not keep Credit Agreements, this will basically have them cornered.

[Lord_Alcohol]

can someone please have a look,

my account is in dispute since Jan this year, and i recieved this on 2nd July. I know they are not allowed to do this while the account is in dispute but are they legal? there is no date, only 14 days and I believe there should be a date?

 

biccy60 :: welcome default letter july 2010 picture by TammyTheTiger - Photobucket

 

biccy60 :: welcome default july 2010 picture by TammyTheTiger - Photobucket

 

links for documents

 

should i write them a letter? or just wait? any advice greatly appreciated.

 

also original loan was for £17,000 so why does it state £18,000 on the default notice?

 

Hi Chris

 

Frettful's right - there is no time given for service. The DN is defective. Have you still got the envelope?

 

It also says "before the date shown", implying before 14 days have expired, which is even less time for you to remedy.

 

However, the DN says £1,800 not £18,000 !!

 

LA

[lord_tiger_putin]

 

 

Hi chris, I don't if its my eyesight but this DN is so wonky, it looks like a cut and paste and put together very badly piece of paper. Is this how the DN really looks and how it came, I mean the lines are not exactly straight are they?

 

Mine look just like that as well, this is the way they came with the 14 days and no date - it seems that Welcome send them like that and have lost case because of that but they still do not learn. Mine was actually straight, could be the OP scanning in.

[means2anend]

can someone please have a look,

my account is in dispute since Jan this year, and i recieved this on 2nd July. I know they are not allowed to do this while the account is in dispute but are they legal? there is no date, only 14 days and I believe there should be a date?

 

biccy60 :: welcome default letter july 2010 picture by TammyTheTiger - Photobucket

 

biccy60 :: welcome default july 2010 picture by TammyTheTiger - Photobucket

 

links for documents

 

 

 

where is there a date being specified ....???

 

'within' does not give you 14 clear days

 

''action will be taken ON .... 14 days again gives you less than 14 clear days

 

I beleive I commented on your DN...a few pages back

 

m2ae

[Lord_Alcohol]

Vanquis sent me a faulty DN and then unlawfully rescinded my agreement. I wrote a letter to Vanquis and accepted their unlawful rescission. I am now receiving letters from Lowell wanting to collect the debt, should I write to Lowell and inform them that Vanquis have unlawfully rescinded my agreement?

 

Any help would be great, thanks

 

http://i450.photobucket.com/albums/qq223/sophiak_bucket/Picture006-2.jpg

 

Hi Frett

 

As your DN is duff (no date, as you spotted) and as the ag is repudiated by V, I would merely write to Lowell and tell them that, according to 1974 CCA under which you have assumed the contract is regulated, your liability is the arrears at termination and that you do not accept that any other amount is owed. If they consider that a higher amount is owed, perhaps they could explain why they are exempt from s87(1)(b) of CCA?

 

I might also be tempted to suggest that, as the ag was repudiated, you claim damages costs for breach of contract and (the important bit) recording of the default on your CRF which has caused you significant problems since last year (which is probably easy to prove).

 

Just a thought or two...

 

LA

[chris60]

no sorry the lines etc are straight on the original, its my printer and copier thats gone a bit wonky.

i copy and then delete my personal info.

 

i know the default is for 1,800 but if you look at the information on the bottom left it says original amount 18.000 but i only borrowed 17,000

 

i do have the envelope but there are only numbers no actual postmark also on the letter, which came with the DN it is dated 2nd july. i recieved in on 9th.

 

this all started due to them misselling ppi and then trying to get out of paying me what they owe!

i sent SAR and CCA so i could work out how much they should repay me, so account ended up in dispute, up until then i had been paying them regularly.

 

should i send them a letter, again, advising them the account is in dispute and they are not allowed to send me a DN and asking again for the SAR and CCA?

[Lord_Alcohol]

Mine look just like that as well, this is the way they came with the 14 days and no date - it seems that Welcome send them like that and have lost case because of that but they still do not learn. Mine was actually straight, could be the OP scanning in.

 

It's like the House of Lords here this morning...

 

LA

[Undercover-Elsa]

Hi FRETFUL,

I'd send Lowlife something on the lines of:

 

Dear Sirs,

Unfortunately Vanquis appear to have sold you an account which is no longer in existence, having been rescinded for repudiatory breach of contract prior to the sale. Both parties are now relieved of their obligations under the agreement.

For your further information, the alleged account was also in dispute prior to the breach as Vanquis do not appear to hold a signed, valid agreement.

I respectfully suggest that this is a matter which you should take up with Vanquis themselves.

 

Amend to suit..

Edited July 16, 2010 by Undercover-Elsa
wrong name LOL

[means2anend]

Hi beyondhope

 

So, they are telling the court that they posted the DN by first class mail and it went in to the postal system in good time on Friday 15th? By 'good time' I mean in order to be delivered for the following Monday (ie, before 4pm or so).

 

As I've never heard of DNs being sent by 1st class mail (but I'm not saying it never happens), I suppose one point is to ask the defendent to swear an affadavit that this was the case, and maybe also rummage around and see if this OC does in fact issue docs by 1st class mail.

 

I think it hugely optimistic to expect a DN to be on your doormat on the Monday following postage on a Friday, even if sent 1st class.

 

In any case, I believe that 'service of documents' is based on 'working days', which I think excludes Saturdays, so even if first class the service date should in fact be Tuesday 19th at the earliest.

 

Elsa has the other bits covered...

 

LA

 

 

...AND served on the ''day after service''..Thus being the Wednesday

 

m2ae;-)

[Undercover-Elsa]

Dear Me, I pop off for some buttery toasted muffins and there's a crowd in here when I get back!!

[egg-sterminator]

Dear Me, I pop off for some buttery toasted muffins and there's a crowd in here when I get back!!

HI Elsa you taking the watch again . Dont forget the jam, of to work now,see you laters x

[frettful38]

Thanks LA & Elsa,

 

I will write this letter out to Lowells today as I have much bigger & important matters to be dealing with at present ,

 

Vanquis have added approx £180 worth of charges to the account, and I only owe a couple of hundred, which I would have quite happily paid, but after so many refusals I had no choice but to turn on them. Ah well, not to worry too much with this one I think as I have bigger fish to fry.

 

Thanks again guys

[Lord_Alcohol]

Dear Me, I pop off for some buttery toasted muffins and there's a crowd in here when I get back!!

 

I've got a packed lunch today so I don't lose my seat...

 

LA

[Undercover-Elsa]

can someone please have a look,

my account is in dispute since Jan this year, and i recieved this on 2nd July. I know they are not allowed to do this while the account is in dispute but are they legal? there is no date, only 14 days and I believe there should be a date?

 

biccy60 :: welcome default letter july 2010 picture by TammyTheTiger - Photobucket

 

biccy60 :: welcome default july 2010 picture by TammyTheTiger - Photobucket

 

links for documents

 

should i write them a letter? or just wait? any advice greatly appreciated.

 

also original loan was for £17,000 so why does it state £18,000 on the default notice?

 

On or after 14 days from the date of this notice (oh they brought it to the house that day did they?) we:

Shall require payment of the outstanding balance.....blah blah

May enforce any security..blah blah

May apply for an attachment/arrestment of earnings

WHAT?????

Who TF do they think they are? County Court Judges?

One for the OFT there, methinks. Blatant untrue threat.

 

Elsa x

[lord_tiger_putin]

While we are on Vanquis, the faulty DN, etc. If I send them a termination notice will that mean that I admit to the account? I am conviced they do not have a signed agreement.

[Undercover-Elsa]

I've got a packed lunch today so I don't lose my seat...

 

LA

 

Not a liquid lunch then, Lord Alcohol?

[Undercover-Elsa]

While we are on Vanquis, the faulty DN, etc. If I send them a termination notice will that mean that I admit to the account? I am conviced they do not have a signed agreement.

 

Good point,

Just my own thoughts here, others may differ..

 

Because the OC will obviously have the oft-quoted other records, eg statements/payments/purchases etc, then you are not, in my view, disputing that the account existed. You are disputing that a valid agreement exists, rendering the debt uneforceable in Court.

Hence I personally do not see any problem in effecting termination.

 

Elsa x

[Undercover-Elsa]

HI Elsa you taking the watch again . Dont forget the jam, of to work now,see you laters x

 

Or how about a nice runny boiled EGG to dip them in?

 

Have a good day at the office, Dear...

 

Elsa x

[frettful38]

While we are on Vanquis, the faulty DN, etc. If I send them a termination notice will that mean that I admit to the account? I am conviced they do not have a signed agreement.

 

 

This is what I done. I received a faulty DN from Vanquis. Prior to the DN Vanquis demanded payment in full. After issuing the DN Vanquis passed on my account to 1st Credit who demanded payment in full. I then wrote back to Vanquis and pointed out that the DN was faulty and that they had terminated my agreement on the back of this faulty DN, and I accepted their unlawful rescission.

 

Hope that makes sense and maybe you could send them a letter and accept their unlawful rescission too, its not about disputing if you owe them or not. It is that they have not complied with the law and you are just exercising your rights as they believe they are:D

[Lord_Alcohol]

Not a liquid lunch then, Lord Alcohol?

 

Ah, well, Lady Alcohol has indeed put a bottle of sherry in the hamper...

 

LA

[frettful38]

Ah, well, Lady Alcohol has indeed put a bottle of sherry in the hamper...

 

LA

 

 

We better check the advice you give out today then LA, as you will be under the influence. Is it legal to drink and advise on CAG?

[Lord_Alcohol]

beyondhope

 

What was the basis of your claim - were you seeking anything more than an end to harassment and/or your CF cleared up?

 

Hope you can share this with us!

 

LA

[Lord_Alcohol]

We better check the advice you give out today then LA, as you will be under the influence. Is it legal to drink and advise on CAG?

 

Er...well, maybe after dindins it might be better to get a second opinion...if you see what I mean

 

LA

[Undercover-Elsa]

We'll know if you start talking about "Default Notishhhes"

[frettful38]

Er...well, maybe after dindins it might be better to get a second opinion...if you see what I mean

 

LA

 

 

I am sure I will be able to see as I don't drink its you the rest of us that will be worrying about you, and if you can see !!!!!!!!!!!!