Invalid Default Notices

[emandcole]

Unilateral agreement?

 

Seems pretty odd. Surely if a payment was made for the sum they list as arrears after no service of default and an eventual unlawful termination they have no such right. Have they simply buried their hnads in the sand and used their tax payer funded banking 'might' to steamroll you into paying?

 

Unfair relationship I'd say, irrespective of the history leading to it.

[cab1ne]

My OH got a termination notice without a default from BOS, paid the arrears and then told them to PO, they say since she paid the arrears they have reinstated the agreement again.

 

ask them for a copy of the re-instated/amended agreement that both parties have signed (i bet it dont exist).

 

cab

[charlie*]

The title of this thread seemed to be a good place, so hope it's okay?

 

We have a TESCO credit card and I have a feeling we may left DN faults too late... let me explain.

 

The agreement doesn't seem to comply... no prescribed terms and so - on... we got a copy by s77 in the autumn of 2008. Of course, there's been a lot of too-ing and fro-ing and right now, I think we've shaken off the DCA's.

 

Only recently we have realised that there is mileage to be made out of faulty Default Notices...

 

The Default Notice for arrears of £125 was dated end October 2008 in which they gave 17 days starting from the day after the letter date. It stated, "... we will terminate the agreement......" (if you don't cough up) There was NO Termination letter. (can it be taken that the agreement was terminated?)

 

Then, we had a second Default Notice dated end of November in which they requested £550 payable just as above, in 17 days.

We then received a Termination Notice dated January 2009...

 

We'd appreciate any comments, I expect the only one will be about the 17 days grace rather than a given date, as it should be. Can we do anything as they did not enter a specific remedy date? There's also the time elapsed since.

 

I suppose another very good question would be this..... does the lack of a specific date rather than 17 days actually work? I know the ruling is specific, but, hey, the rules aren't always upheld by the judges.

 

Thanks anyone

 

charlie

Edited January 18, 2010 by charlie*

[humbleman]

ask them for a copy of the re-instated/amended agreement that both parties have signed (i bet it dont exist).

 

cab

 

its doing the rounds with different DCA I will wait for a claim before I waste my time on it.

[cab1ne]

its doing the rounds with different DCA I will wait for a claim before I waste my time on it.

 

i agree but maybe a quick sar while they are messing about

 

cab

[emandcole]

The title of this thread seemed to be a good place, so hope it's okay?

 

We have a TESCO credit card and I have a feeling we may left DN faults too late... let me explain.

 

The agreement doesn't seem to comply... no prescribed terms and so - on... we got a copy by s77 in the autumn of 2008. Of course, there's been a lot of too-ing and fro-ing and right now, I think we've shaken off the DCA's.

 

Only recently we have realised that there is mileage to be made out of faulty Default Notices...

 

The Default Notice for arrears of £125 was dated end October 2008 in which they gave 17 days starting from the day after the letter date. It stated, "... we will terminate the agreement......" (if you don't cough up) There was NO Termination letter. (can it be taken that the agreement was terminated?)

 

Then, we had a second Default Notice dated end of December in which they requested £550 payable just as above, in 17 days.

We then received a Termination Notice dated January 2009...

 

We'd appreciate any comments, I expect the only one will be about the 17 days grace rather than a given date, as it should be. Can we do anything as they did not enter a specific remedy date?

 

Thanks anyone

 

charlie

 

 

Hi Charlie,

2 default notices you say? Do you have them both still? Also, have you checked your credit file to check only one has been added to it?

 

The remedy date is important and should be clear, it is the job of the creditor to issue a correct notice without fail.

 

If they've terminated I'd write and accept that termination and ask for details of any arrears they want. Good idea to read back through this thread as much of it covers this exact scenario

[cab1ne]

The title of this thread seemed to be a good place, so hope it's okay?

 

We have a TESCO credit card and I have a feeling we may left DN faults too late... let me explain.

 

The agreement doesn't seem to comply... no prescribed terms and so - on... we got a copy by s77 in the autumn of 2008. Of course, there's been a lot of too-ing and fro-ing and right now, I think we've shaken off the DCA's.

 

Only recently we have realised that there is mileage to be made out of faulty Default Notices...

 

The Default Notice for arrears of £125 was dated end October 2008 in which they gave 17 days starting from the day after the letter date. It stated, "... we will terminate the agreement......" (if you don't cough up) There was NO Termination letter. (can it be taken that the agreement was terminated?)

 

Then, we had a second Default Notice dated end of December in which they requested £550 payable just as above, in 17 days.

We then received a Termination Notice dated January 2009...

 

We'd appreciate any comments, I expect the only one will be about the 17 days grace rather than a given date, as it should be. Can we do anything as they did not enter a specific remedy date?

 

I suppose another very good question would be this..... does the lack of a specific date rather than 17 days actually work? I know the ruling is specific, but, hey, the rules aren't always upheld by the judges.

 

Thanks anyone

 

charlie

 

it could be possible on the first one but i think it probably is on the second one.

 

cab

[cab1ne]

Hi Charlie,

2 default notices you say? Do you have them both still? Also, have you checked your credit file to check only one has been added to it?

 

The remedy date is important and should be clear, it is the job of the creditor to issue a correct notice without fail.

 

If they've terminated I'd write and accept that termination and ask for details of any arrears they want. Good idea to read back through this thread as much of it covers this exact scenario

 

accepting a termination a year later with a letter of acceptence would in my opinion be quite dangerous.

 

cab

[emandcole]

Ah, January 2009, I'm still a year behind .

 

Out of interest Cab, in your opinion why would this be potentially dangerous to the debtor?

 

Still feeling my way through some of this.

[charlie*]

CAB..... 'ouch', that hurt (but thanks, all opinions welcome).

 

Why do you think it could be dangerous - there's not much at risk, just our house

 

It might be an idea simply to leave things as they are... the Tesco

paper is, I think on pretty thin ice.... unenforceable - no PT's.

 

Unless of course others have engaged with them - and have something to say?

 

Thanks

[cab1ne]

Ah, January 2009, I'm still a year behind .

 

Out of interest Cab, in your opinion why would this be potentially dangerous to the debtor?

 

Still feeling my way through some of this.

 

it is my opinion that they would probably sting charlie for the arrears upto the date of the acceptence letter.

 

cab

[diddydicky]

My OH got a termination notice without a default from BOS, paid the arrears and then told them to PO, they say since she paid the arrears they have reinstated the agreement again.

 

probably need to change to PO to FO then!!

[cab1ne]

probably need to change to PO to FO then!!

 

"oh" diddydicky very quaint pmsl :D

[diddydicky]

17 days, depending on the date and method of posting could comply

 

the creditor could argue that the second DN corrected the first if they did not terminate

 

as has been said since this has been ongoing since at least 2007 i think you are at least halfway to being SB and thats the way i would play it

 

a DN that demands payment in 14 days can NEVER be valid whereas 17 could be

 

i certainly would not challenge the 17 day DN if the days actually worked out even if it is not correct

 

too much of a gamble IMO on its own

 

if of course there are other defects such as wroing amounts etc that could be a different matter

 

let sleeping dogs lie

[charlie*]

I was coming to that conclusion, let it be

 

Thanks everyone... it's taken me a long time to get round

to asking questions on the open forum... I'm sure we shall meet

again... just for my close family tho.

 

charlie

[Pinky69]

Update from the original poster.

 

Bank 2s investigation by the ICO has been going on since 19 October(2009) so no idea how long it is going to take.

 

The ICO has now asked for all the correspondence with Bank 3. It was a mammoth task because of different replies from different people. Reading through it I realise not one of the points I raised with them was ever answered - it was all templates and electronic signatures. The application form breaches criminal law because it breaches the Companies Act so that default entry will come off either through the ICO or court. The icing on the cake is the unlawful rescission. Keep smiling!

[cab1ne]

Update from the original poster.

 

Bank 2s investigation by the ICO has been going on since 19 October(2009) so no idea how long it is going to take.

 

The ICO has now asked for all the correspondence with Bank 3. It was a mammoth task because of different replies from different people. Reading through it I realise not one of the points I raised with them was ever answered - it was all templates and electronic signatures. The application form breaches criminal law because it breaches the Companies Act so that default entry will come off either through the ICO or court. The icing on the cake is the unlawful rescission. Keep smiling!

 

nice:grin:

just a quick one pinky. in your opinion

 

can creditors release your info to a dca/repo after unlawful reccission:???:

[Pinky69]

No they cannot. All clauses pertaining to the passing on of personal data are rescinded with the rescission of the agreement.

[cab1ne]

No they cannot. All clauses pertaining to the passing on of personal data are rescinded with the rescission of the agreement.

 

thankyou:D:D "oh dear"

 

cab

[BornAgainBiker]

Hi pinky, hope you dont mind me jumping on your thread, i tried starting my own without much response and you seem to know whats going on.

 

i sent a cca to MBNA. they did not acknowledge the cca nor did they send a copy of any agreement. i followed up with a DN, which i think is invalid due to time allowed ie. their dn was dated 11/01/10 and they gave till 28/01/10 to pay the arrears. the letter was sent via ukmail, which i believe is 2nd class post, there is no post stamp date. either way 1st or 2nd class, the dn is still invalid, can you advise?

 

also, am i right in thinking that a default wont even come into the matter if they cant prove i have signed an agreement in the first place.

 

in any case, what is the best course of action for me?

 

as you can see, i'm confused, any comments will be gratefully received. BAB

[vint1954]

Update from the original poster.

 

Bank 2s investigation by the ICO has been going on since 19 October(2009) so no idea how long it is going to take.

 

The ICO has now asked for all the correspondence with Bank 3. It was a mammoth task because of different replies from different people. Reading through it I realise not one of the points I raised with them was ever answered - it was all templates and electronic signatures. The application form breaches criminal law because it breaches the Companies Act so that default entry will come off either through the ICO or court. The icing on the cake is the unlawful rescission. Keep smiling!

Hi Pinky, Good to see you back.

 

When did you use the companies act. Was it of any significence in your court case.

[frettful38]

Hi vint, when should I use the unlawful recission regarding my faulty DN against HSBC? Should I not inform the FOS as they are currently dealing with my complaint and have asked to forward any more information that may be helpful.

If I hold back then will this not go against me, I really would like to tie this up as soon as possible as it is having a bad affect on my health amongst other matters.

[vint1954]

Hi vint, when should I use the unlawful recission regarding my faulty DN against HSBC? Should I not inform the FOS as they are currently dealing with my complaint and have asked to forward any more information that may be helpful.

If I hold back then will this not go against me, I really would like to tie this up as soon as possible as it is having a bad affect on my health amongst other matters.

Answered your PM

[frettful38]

Thanks vint your a star:D

[vint1954]

Hi vint, when should I use the unlawful recission regarding my faulty DN against HSBC? Should I not inform the FOS as they are currently dealing with my complaint and have asked to forward any more information that may be helpful.

If I hold back then will this not go against me, I really would like to tie this up as soon as possible as it is having a bad affect on my health amongst other matters.

Just to be clear here:

 

1 You receive a dodgy DN.

 

2 Your account is CLEARLY terminated.

 

3 You accept the unlawful rescission of your contract with the bank.

 

4 Accept it or notify them before termination and they can rectify their mistake.

 

5 Continue to pay or act as though the agreement endured, following termination, then result is as in 4.