Cap1 and DN

[diamondgirl]

Hi Folks

 

Can someone just check the DN received today, as it's the first official one I've received you views much appreciated. Thanks

 

Darn its worked, will try it again.

DG

[the_shadow]

err no pic/scan

 

S.

[angry cat]

Wheres the scan DG?

[diamondgirl]

Well I've tried everything possible to get the image up without any success at all. Son now not coming up till weekend he's bringing laptop up with him so will have to post up off his.

 

It does say Notice of Default served under section 87(1) of the Consumer Credit Act 1974.

Goes on to say I've broken the CCA because entering into a long term payment plan with Crap1 I have made an arrangement for a compromise about how much I will pay them. This is a breach of y our Agreement as described in section 16 of your Credit Agreement.

Then goes on to give me 28 days if I come out of my payment plan no further action will be taken but want me to pay up.

If I have PPI they will continue to provide cov er until the date that credit agreement is terminated but WILL NOT PROVIDE ANY REFUND.

Then the usual threats, terminate, full balance immediately, notify CRAs, place account or sell the DCA, attachment of earnings, door to door collectors etc.

Now it doesnt say how much the arrears are on this default notice nor an actual date so I assume that 6 days left in May from date of letter making it 22nd June they will report it to CRAs.

It seems odd that after 12 months of reduced payments they decide to default me.

Think that gives you an idea however I will get the full lot posted up at weekend along with the letter they sent.

Anyway that will make it 2 defaults thought I'd done so well with only 1.

DG:)

[GamekeeperToPoacher]

Hi DD,

 

As I understand it they have to quote an actual date to remdy by and cannot use '28 days' I suspect that it is the same as mine and I am waiting for them to terminate.

Fingers crossed!

 

GK

[diamondgirl]

Hi Gamekeeper

 

Well I hope they terminate for you.

 

I'll be posting a copy up at weekend they don't have talk their name don't they although hopefully they will turn out better than the other monkeys in Caerphilly.

DG:D

[heliosfa]

Let me guess, it's like this one?

 

if so, Credit Card Mug went into the reasons why they are duff on my thread.

 

Hope this helps!

H

[diamondgirl]

Spot on. I'll check your thread out tomorrow.

Got to go get the OH from the pub - his night out with the lads - get a bit of piece and quiet for a couple of hours.

DG;)

[diamondgirl]

Finally managed to get it posted this is what they sent me.

 

 

 

 

 

Its amazing really been on the plan 12 months

DG

Edited June 3, 2009 by diamondgirl
images removed till bar code removed.

[babybear39]

Subscribing...

[diamondgirl]

Hi Folks and what a lovey day

 

I'm going to Subject Access Request them for all info. If they want to threaten me with a default they can provide me with all the info.

I understand that they don't always send a signed agreement with a CCA request but I still get the 12+2 days with SAR for it so I may as well get the lot in one go.

Any thoughts on the above letter/default?

DG:)

[the_shadow]

Hi DG, sorry didnt get back to this thread until today...

 

As to the Default Notice, I'm not sure it is kosher... they dont specify an amount to rectify... and the prescribed format of the wording is wrong too....

 

The reason they do this is in line with other creditors in that when you enter a long term payment plan you break the contract and hence they like to record this, some do it more frequently than others.

 

A CCA s78 request will get you a response within 12+2 working days, some people have stopped paying as they dont send the original agreement and its arguable if what they send would satisfy the s78 in the eyes of a judge.... but if you go down this route they WILL follow through and default and eventually sell to a DCA.

 

a SAR will/should get you a response in 40 calandar days, they should send the agreement if they have it but there is a chance they can photocopy terms and conditions on the back of the agreement to show it is enforceable when it reality it might not be.

 

Other options to get hold of the agreement are the CPR thread, although this will probably involve court at some point and the FOS who you can complain to once crap1 tell you its their final response (usually after you send a letter back stating their s78 response was not enough), Third and finally as far as I'm aware is trading standards although they tend to not want to get involved

 

S.

[UNCLE BUCK]

Hi diamondgirl,

 

dont hold your breath on getting a response from crap1 on a SAR.

I recieved my response to my SAR on sat (day 40) and it included nothing apart from about 30 pages of phone logs and a letter, that was it.

To make it worse in the letter they said they have excluded my copy of the CCA and i can only recieve a copy of my CCA if i paid £1 under s78.

which i did 3 months ago and guess what... got t&c.

no dn notices.

no notice of manual interventions.

no datail of phone conversation.

[cashins]

Default notice is not valid as must say:

 

BEFORE THE DATE SHOWN, (Not WITHIN 28 DAYS), in both statements.

 

Consumer Credit (Enforcement, Default & Termination Notices) Regulations 1983.

 

It follows therefore it must also show a date, (not 28 days)

 

David

[andydd]

Finally managed to get it posted this is what they sent me.

 

 

 

 

 

Its amazing really been on the plan 12 months

DG

 

Hi..Same as mine, they agreed to 10 a month, upon chatting to them it was't clear if they would default me NOW even if i carry on paying the 10 quid OR if they will only default me IF I break the terms of the plan..I'm going to get my CRA info soon and see if there are any defaults.

 

Andy

[babybear39]

Remove the bar codes from your posts

[diamondgirl]

Hi All

 

If they are saying Notice of Default served etc., and it does not conform to the correct details etc., any suggestions of what I should write to them, obviously if it's not correct they must be in some sort of default surely?

DG

[Red1983]

SUbbing Intently!

[diamondgirl]

Ok folks, just had email from Equifax that my rating had changed, checked it out and sure enough Crap1 have defaulted me. I am amazed really that they have the nerve to do that on my credit rating without actually issuing me with a default notice, now I would have thought that they shouldn't do that. I am right or am I not?

I've been so busy lately with weird hours at work that I've not had much time for anything. Anyway I'm going to CCA them this weekend while I have a bit of time and as I've had the account for a long time I doubt they have an agreement.

 

DG

[willtheywontthey]

these companies will default it seems simply as a retaliation to your actions (ie 'in dispute') or because they know they have no CCA. Some even state yes the cca is unenforceable but debt is yours so they will still pursue and all that. Pretty petty really. Even if you get a defailt notice and it is invalid because of various flaws they still default you and will ignore you if you state they made a mistake. It's court I'm afraid to sort these issues out usually or many months (years?) of passing debt from dca to dca with all their threats.

 

I'm learning as I'm going along.

[diamondgirl]

Just checked my credit file and low and behold they are showing a D registered in May and showing a default date of xx/06/09. How can they show my account in default without serving me with a DN.

Am I missing something here?

DG