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    • Hi everyone, I have an update on my case that I’d like to share with you all.  so after submitting 371 pages in my bundle, a witness statement and skeleton argument for my court case due to take place in Manchester on June 21st I got an email from my litigator stating that hmrc have pulled out and the case is now closed!    this is the body of the letter….. This letter, which is copied to the Appellant, pursuant to Rule 17 of the Tribunal Procedure (First-tier Tribunal) (Tax Chamber) Rules 2009, the Respondents gives notice to the Tribunal of their intention to not defend the above appeal.   The Respondents respectfully invite the Tribunal to allow the appeal and close its file. In lieu of the above the Respondents would respectfully ask the Tribunal to vacate the hearing scheduled for Friday 21 June 2024. We would accordingly invite the Tribunal to close its file. Obviously this is extremely good news which hasn’t sunk in that after 3 years of fighting it is over.    I do have a further fight on my hands in that the Group Action I had joined with Independent Tax that had been disbanded in November last year and I chose not to continue with them. They are trying to bill me over 5k for the work they did under that Group Action which is ludicrous bearing in mind the whole point in joining was that it would keep the cost to a minimum as it would be shared between us all. They had asked if I wanted to continue to have them represent me on an individual level which I declined, if I hadn’t, goodness knows what they would have been trying to charge me now. 
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Default on credit file, Although Account in Dispute since 2008


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Received a notice of assignment from cabot for an old Aqua mastercard dating back to 2009. On the assignment it states the ballance as being

£578.

 

004.jpg

 

I received a default notice for this account on the 16th july 2009 and then on the 29th july 2009 received a your account is now closed and the agreement has been terminated letter.

 

003.jpg

 

002.jpg

 

On the Account is now closed and agreement has been terminated letter it shows a ballance of £320 about of which, £150 comprises of unlawful penalty charges.

 

Prior to the default notice I sent a THIS ACCOUNT IS IN DISPUTE LETTER with regard to the unlawful charges applied to the account.

 

So the question is, Is the default notice Invalid as the number of days from the default notice to the termination of agreement is only 13 days and thats not allowing for for posting.

 

Thanks in advance for any help

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Hold on a sec.. the DN is dated 16th July and you had a remedy date of 6th August. But they then terminated the accounton the 29th July .. PRIOR to the remedy date.. They have kind of assumed there that you would not pay by the remedy date. BUT.. I think it makes that DN suspect :)

 

Plus, I do not see any mention of the OFT enclosure.. was there a 2nd page to the DN and was there any mention of the OFT enclosure and was there an OFT enclosure..

 

There is huge difference in the amount stated on the DN to the assignment amount. I would want to know if that was interest/charges ?

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If you mean, That they assumed that I would of not of remedied the breach, then I would have done so. If it had been made clear to me of my indebtdedness to Aqua, aside from, the charges on the default notice I would not be in this position which I now find myself in

 

No inclusion of oft notice.

 

And yes your right, a vast difference from the termination notice ammount and to the ammount stated as owing to cabot.

 

A question in point, Is the Account closure and Agreement Termination letter legally valid under the C.C.A. or can they just keep on charging me ?

Edited by simonjohn
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Well the DN is definitely invalid if they didnt include the OFT notice. I am sure I have seen something included in a defence in respect of that. Will find it and post back.

 

Well now.. the DN/Termination.

 

There has been a lot of debate regarding this type of problem.. I think you need the advice of DonkeyB, Coledog for sure, but I am aware there are many others that might be interested in advising.

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Uploading documents to CAG ** Instructions **

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Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

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4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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They simply want to write off any debt from their books. They get a tax allowance + an amount from the Debt purchaser.. and of course they dont have to expend any effort trying to collect :(

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Uploading documents to CAG ** Instructions **

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Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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