Default on credit file, Although Account in Dispute since 2008

[simonjohn]

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.

 

 

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.

 

 

 

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

[citizenB]

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 ?

[simonjohn]

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 March 17, 2012 by simonjohn

[citizenB]

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.

[simonjohn]

What most concerns me is that despite my my dispute, a default has been registered on my credit file, not by the OC but by the DCA it is just as though the OC wanted to dump this asap to get out of any kind of liability with regards to the unlawful charges.

[citizenB]

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