Invalid Default Notices

[diddydicky]

diddydicky, just so i understand...if you are CORRECTLY defaulted under s87, but the agreement not terminated despite there being no remedy within the time limit, can the creditor put a Default against you on the credit file, with an '8' number?

 

i would think so- if the dn is effective and you dont comply within 14 days of service he can lawfully terminate any time he likes after that-and your breach of the agreement is complete (IMO)

[frettful38]

If they haven't responded to your SAR request from over a year ago, then it is the Information Commissioner you need to complain to. Send a copy of the letter showing when you made the request to the ICO and you will get their complaint form on their website - complaints have be made on that form.

 

Oh lord I have been down that route also and the response I got from them was that as I did not supply HSBC with my signature after they requested that there was nothing further they could do and that they had no choice but to close my file.

 

So you see I am at a dead end everywhere I go. Now I am complaining to the FOS, and god knows what result will come out from them:mad:

[diddydicky]

i have now removed my bum from the air as i hear there are DCA's about!!

[frettful38]

effective should of course have read defective and once the demand for full payment was made then that acts as a termination

 

(my grand daughter says i am an old duffer!!)

 

Thanks DD, so as my DN is defective where does that leave me and what can I or what choice if any do I have?

[diddydicky]

Thanks DD, so as my DN is defective where does that leave me and what can I or what choice if any do I have?

 

to be honest i think you may be in difficulty in that you did not accept the unlawful rescission

 

indeed , quite the opposite- you continued payments which would suggest that you did NOT accept the rescission and held the lawbreaker to the contract.

 

The fact that you accepted it some months later after you were made away of your rights may or may not help you although i suspect that the other side may argue that ignorance of the law is no excuse

 

im sorry for the bad news but IMO you are on a sticky wicket,

 

perhaps you could try to bluff them and refer to thier unlawful rescission and propose a settlement as they have no cause of action and the agreement no longer exists

 

After all their own mantra is Bull**** Baffles Brains!!

[frettful38]

I have not made a payment for over a year. I don't think I will enter in to any childish games by calling their bluff but will put forward to them that they should initiate court proceedings a.s.a.p as I really am really fed up, as I have been more than reasonable.

I am certain that if the court heard my side of the story they would really be shocked as to how I have been treated by HSBC. I have nothing to lose now, and maybe this will be the best thing and an end to all this crap.

[diddydicky]

but how many payments did you make AFTER they issued the demand for full payment?

[frettful38]

but how many payments did you make AFTER they issued the demand for full payment?

 

 

none!

[mkb]

Fretful - the letter you sent accepting the rescission - wasn't it sent by ordinary mail

 

Seem to recall you saying on another thread that it was - you should check all your files for a copy then maybe send a copy to the FOS

 

Just a thought

 

Of course, if it had been sent recorded delivery, you would have proof of its receipt but if just put in box, you dont have proof so their word against yours.

[frettful38]

Fretful - the letter you sent accepting the rescission - wasn't it sent by ordinary mail

 

Seem to recall you saying on another thread that it was - you should check all your files for a copy then maybe send a copy to the FOS

 

Just a thought

 

Of course, if it had been sent recorded delivery, you would have proof of its receipt but if just put in box, you dont have proof so their word against yours.

 

Hi mkb, sorry but could you point me to where you think I sent this letter accepting this recission please.

[mkb]

Hi mkb, sorry but could you point me to where you think I sent this letter accepting this recission please.

 

 

Have sent you a PM

[frettful38]

Have sent you a PM

 

Thanks for that

[diddydicky]

Thanks for that

 

i assume the pm was the same advice i would have given:D

 

i apologise- i realise that you thread was interspersed with beachcombers posts and i confused the two

 

so to recap

 

they sent an invalid DN

 

they terminated

 

you accepted the unlawful rescission

 

have you done a SAR if not do one now

 

sit back and wait

[mkb]

i assume the pm was the same advice i would have given:D

 

 

 

Seeing as your such a good teacher, I'm certain the advice will have been the same

[frettful38]

Seeing as your such a good teacher, I'm certain the advice will have been the same

 

were'll have to wait and see . thanks mkb

[diddydicky]

you'll make me blush!!

[Gaznkaz08]

am i right in thinking you need to receive a DN before it can be collected on, do they have to have proof you've received it?

[diddydicky]

am i right in thinking you need to receive a DN before it can be collected on, do they have to have proof you've received it?

 

proof of posting (or a computer print out from the creditor showing one wa sent is usually enough and service is presumed to be two or four working days after posting (1st/2nd class)

 

thye DN has to be effective- have you got it?

[Gaznkaz08]

proof of posting (or a computer print out from the creditor showing one wa sent is usually enough and service is presumed to be two or four working days after posting (1st/2nd class)

 

thye DN has to be effective- have you got it?

 

 

on my credit file i have

 

lowell re barclaycard

capquest re barclays OD

link re abbey loan

Capquest re halifax card

welcome

lowell re jjb card

 

all showing as defaults:eek:

 

, but only 2 stated at the top of the page, to my knowledge we haven't recieved any

[diddydicky]

did you receive a default notice?

[Gaznkaz08]

did you receive a default notice?

 

 

99% sure we didn't on all of them, we have moved 3 times since it all went tits up in 04 so probably missed them

[diddydicky]

thats not good- when was the last time you made any payments on them

[Gaznkaz08]

thats not good- when was the last time you made any payments on them

 

 

on my credit file i have

 

lowell re barclaycard stopped paying nov 09 admitted No cca

DLC re barclays OD stopped jan 10 in dispute

link re abbey loan statute barred(hopefully)

Capquest re halifax card stopped nov 09, in dispute

welcome hasn't found us yet

lowell re jjb card stopped paying nov 09 admitted no cca

 

all showing as defaults:eek:

 

, but only 2 stated at the top of the page, to my knowledge we haven't recieved any

 

 

the wife has a matching barclays OD and halifax card as well

 

is that not good for us or the DCA's

[diddydicky]

its not good that you don't have the default notices since you have no way of knowing if they were defective

[Gaznkaz08]

its not good that you don't have the default notices since you have no way of knowing if they were defective

 

 

well Capquest are starting to get a bit arsey, so that's my next step with them, and will also be with link if they keep arguing the SB, was kind of keeping from asking for them as a last resort if i couldn't see them off with CCA requests,the others have rolled over and welcome won't have chance of getting a penny off me anyway but i'll let them find me

 

they pretty much all date apr 04 so they are only on the file for a few more months anyway