Invalid Default Notices

[Bigdebtor]

Charlie*

 

I am sure you will now "remember" acknowledging the unlawful termination a few days after you got the TN - but with a lot on your mind it can be easily forgotten until your memory gets jogged. .

 

In fact earlier in this thread you will find letters very similar to the one you sent! This was certainly enough to jog my memory!

 

Of course the OC may have mislaid it - and the balance of probabilities is that with the volume of mail they receive a few are bound to go astray!

 

BD

[Bigdebtor]

Claimant's don't have to prove a DN sent to a debtor, does that mean in this case that the debtor doesn't have to prove they acknowledged termination of the account.

 

Exactly - the fact that they seem to have lost the letter you had forgotten you had actually sent accepting their unlawful rescission is not your concern! Big companies lose letters all the time - especially these sort of letters! (i wonder why??). Good job you've got your copy!

 

You don't need to have sent it recorded or get proof of posting (after all was the DN sent to you recorded?) - just stick to your guns that you are certain when you sent it - you'll have the date on your own copy - probably within a week of them doing theunlawful rescisssion (but not before they did so - unless you're clairvoyant!)

 

Even if you did continue to pay then you could claim you were simply paying off the arrears - and foolishly lost track of exactly how much they amounted to - or forgot to cancel the DD or SO mandate - if you have actually "overpaid". - You might even ask for a refund - but you may be told the "extra" you paid beyond the lawful arrears would be regarded as a gift (well the poor souls need every penny to pay their bonuses these days! )

 

It's another case of who blinks first - keep the head and win the day!

 

BD

Edited March 18, 2010 by Bigdebtor

[Bigdebtor]

I could not have put it better myself Basa - I was just thinking that although with my case repudiation has not been made clear, I have a clear break in payments of 14 months - until Cabot came on the scene, with their heavy tactics of constant letters and phone calls, badgering me into paying a small sum every month.

 

I may well be relying on that reason as a LIP to claim the recission - I am still giving it some thought.

 

Beau

 

Beau

 

Do the small sums now paid add up to more than the arrears at the time of the DN? If not then you have not weakened your case at all. If they do exceed the arrears then you can claim either an error (you had forgotten exactly how much the arrears were) or you were being bullied into it by their tactics.

 

Either way I think it should justify your actions - but also "finding" a copy of your letter accepting the unlawful rescission would be the coup de grace!

 

BD

[Bigdebtor]

Reading with interest, (I'm new to this forum) I've had a DN, due to remedy the breach by 25 March, but today, I have received a letter from the DCA dated 22 March, stating they now own the debt. I will write to the OC to accept their unlawful recsission and will also send a letter to the DCA (recorded delivery of course - I'm learning).

 

 

I take it you have not had any Notice of Assignment from the OC? - This should have been sent registered post (but never is). If your credit rating is already shot then ask the DCA for a copy of the NoA and CCA - suspending payments until you get these - as all you now owe is lawful arrears less any compensation which you want to claim for their unlawful rescission. This will slow them down and help your cash flow meantime - but screw up your credit rating.

 

BTW which OC and DCA are you talkng about?

 

Are you due back unfair charges and associated interest? If so I think this will make the arrears on the DN wrong which I think will also kill it.

 

Vint and Diddydicky are the guys to confirm this last bit.

 

BD

[Bigdebtor]

The balance and the arrears amounts are wrong as they include unlawful late payment charges.

 

Does the inclusion of unlawful charges and lack of reference to specific terms that have been breached make it fudamentally faulty?

 

Diddydicky/Vint1954

 

Can you clarify if the DN is faulty if it has ANY unfair charges included in the stated arrears - or only if it includes charges imposed for payments withheld after they fail to provide CCA in response to £1 CCA request?

 

I think many of us need this point clarified.

 

Thanks

 

BD

[Bigdebtor]

Even more to thank the Rankines for! They must be real heroes to the banks and DCA's now!

 

BD

[Bigdebtor]

"straight" ????

 

C'mon WP3 - grown men waltzing around in white tights, red robes and wigs???? How can they be "straight"? The female ones usually look much more masculine!!!

 

BD

[Bigdebtor]

There are many cases of OC's and DCA's deliberately using old out of date addresses - especially to send letters regarding legal action - just to wrong foot debtors. If they have subsequently written to you at your new address then they are either stupid or devious (probably both!).

 

Either way you need to send a recorded delivery letter to them insisting they update their records to show ONLY your current address - and confirm thsi to you in writing.

 

Surely sending private and confidential data to an out of date address (of which they are aware) breaches their duty of care - might be worth asking the Information Commissioner?

 

BD

[Bigdebtor]

Egg-s

 

Just be careful you don't end up with a CCJ because they sent the paperwork to the out of date address! This is a known ploy!

 

BD

[Bigdebtor]

Many thanks will do that and ask him to take a look, funny my own bank have been twits with me, yet the ones i thought would be really bad mbna have thus far been okay, might get you to look at their dn as well lol

 

MBNA were "very nice" with me too - offering me a 65% discount on a total debt of over £3ok on 2 MBNA and 2 A&L cards - which I grabbed as soon as I could gather £11k to pay it. However it now seems my 4 agreements were unenforceable - so ask yourslefy why MBNA were nice? I could have saved a further £11k if I had known to do so earlier - pre CAG:-x

 

BD

[Bigdebtor]

Great to see Vanquis get a bloody nose in thsi case! They deserve everything we can throw at them. Despite my credit rating being totally trashed and evidence of previous enormous problems in trying to keep up with repayments - followed by evidence of adhering to CCCS-assisted payment plans and negotiating numerous short settlements, Vanquis have just written to me saying I have been "pre-approved" for a new card with a £1k limit and an apr of 39.9%!

 

A few years ago I would have succumbed to this tempation as I tried to keep all the plates spinning and prevent my OH realisng just what a mess I had got into after taking seriously ill and seeing a lot of my business customers desert me. I know we are all supposed to be "responsible" adults but I think putting such temptation in front of vulnerable debt-laden people is totally underhand and despicable.

 

It's time such tactics were made illegal - but with the toothless FOS, FSA and OFT there's no chance of that.

 

BD

[Bigdebtor]

Cupcake

 

I think you need to jog your memory and dig out the letter you sent last year accepting their unlawful rescission and the lawful arrears were less than your potential compensation claim - hence the reason for no further payments from youl?

 

There are various examples of these letters earlier in this thread. I had completely forgotten I had sent quite a few of them - but that is understandable in times of stress and I'm sure you too will now remember having sent it and will be able to run off a further copy if this was needed?

 

BD

Edited May 7, 2010 by Bigdebtor

[Bigdebtor]

Easily done Cupcake!

 

Even the Banks sometimes make such mistakes - or even worse!

 

BD

[Bigdebtor]

Can I just check did I send this letter on receipt of the defective DN or did I wait until termination?

 

Also on another account they sent a DN while the account was in dispute because they had not complied with my CCA request and the account was in dispute. Was I right in sending unlawful rescission letter to them too?

 

Cupcake

 

Cupcake

 

I'm pretty sure the DN would need to be defective to let you do the unlawful rescission letter without them following up with the TN too soon. See earlier posts in this thread to revise exactly what you needed to do - and when (which of course you have already done exactly as you should have ).

 

Good luck!

 

BD

[Bigdebtor]

I think the simplest (and safest) thing is to remember you DID write accepting their unlawful rescission and stating that you would continue to make monthly payments to clear the lawful arrears. I'm sure you will find your copy of this letter if you look hard enough! If the OC has lost their cpopy of this then that is not your concern.

 

Good luck

 

BD

[Bigdebtor]

But be careful that you don't trip yourself up. It would be hard to prove that you just continued with the same payments to clear the arrears, while not having a clear statement of arrears from the OC. Don't forget that the arrears will increase from the sum stated in the DN, up to the point of rescission

 

Given the amount being paid monthly is probably an "affordable" amount surely it is logical, sensible and ethical to continue to make the same payments in order to allow the arrears to be repaid as quickly as you can afford?

 

To pay less each month might be seen as taking the p*ss out of the OC?

 

BD

[Bigdebtor]

Vint

 

In practice how any people would actually press a claim for unlawful rescission?

 

Surely the OC would be more likely to pursue/defend matters if such a claim were made than if both sides just called it quits once the arrears (or a good % of them) had been repaid? Also what justification would there be to repay arrears more slowly thanpreviously?

 

BD

[Bigdebtor]

2 ways realy,

 

You could press them to comply and advise you of the true arrears outstanding at the time of UR, then submit your claim to them for their unlawful act. If you feel very brave ( or foolhardy )you could then take them to court if they don't accept your claim.

 

Or

 

Wait until they brave the courtroom and use it then.

 

A typo completly changed the meaning of my question. I meant "how many" - not "how any" - but you have actually answered both questions - by inferring very few would or should risk going to court off their own bat to claim any compensation - so paying up the lawful arrears at an affordable rate would probably be regarded as a reasonable action by a responsible law-abiding debtor - not an admission the contract endured.

 

BD

[Bigdebtor]

Vint

 

I don't see how that can be interpreted if you speciically say you accept the UR - but I do agree it does show how important it is to send the letter accepting.

 

BD

[Bigdebtor]

I would talk to the Courts BEFORE signing ANYTHING THEY have written. It might even be worth spending £200 or so on your own legal advice before signing ANYTHING AT ALL. Why let THEM off with YOUR costs if they have discontinued? They haven't done so to be nice or charitable!

 

BD

[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

[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

[Bigdebtor]

Colin

 

You really need to invest the time in reading this thread fully and carefully. It will answer all your questions and give you the ammo to send your UR acceptance letters. If you are baulking at reading all 130 pages then do a search on the posts by diddydicky and vint1954 for starters. I am not ignoring all the other splendid contributions but this pair seem to have the whole thing particularly well sussed out.

 

BTW I think interest on the lawful arrears can still continue to be applied UNTIL you send your UR acceptance letters. Having said that you may well "remember" you did actually send these out just after they did unlawfully rescind the agreements - and you intended that any subsequent payments were to go towards the lawful arrears at time of UR.

 

If there were no subsequent payments made by you then you regarded the arrears as balanced out by your claim fo rdamages. You may also remember where you put your copies of these letters. If so a simple letter outlining your confusion at still being pursued by them and enclosing copies of your earlier UR acceptance letters should see the dogs off without your having to spend any more time or money on them -especially if you threaten to report them to FOS of they persist in hassling you (this will cost them a further £500 a go!).

 

Good luck!

 

BD

[Bigdebtor]

Colin

 

I think you are OK on the first one being dodgy in they did not give you the full time allowed by law. You should definitely send out a letter accepting their Unlawful Rescission PDQ - or perhaps you can "find " one you did send out a week or so later? What has happened since?

 

Not sure on the second one - given they did allow nearly 4 weeks.

 

BD

 

PS - You're not hijacking - this is what this thread is all about!

[Bigdebtor]

Hi BD,

 

Thanks for your reply. This was the account which was taken to court and judgement was given in default because I wasn't aware the action had been taken; they issued the claim using my old address even though they were aware of my current address (a point I can easily prove beyond doubt), so I have applied for the judgement to be set-aside and I have heard back from the court that the case is being transferred to my local CC for the set-aside hearing.

 

Colin

 

I would see if you can get the Law Society interested in such sharp practice!

 

BD