Jump to content


  • Tweets

  • Posts

    • 12mph (beyond any UK limit) will certainly qualify for a Fixed Penalty. So you should received an offer of a FP for each of the remaining two offences. Be sure to submit your licence details as instructed when you accept the offer. If you don't your £100 will be returned to you and the police will prosecute you in court.
    • and it will be also now written off under age related criteria anyway.
    • @dx100ukThanks for this! I'm still not clear if I'm facing more than 6 points on my license though. Can you explain any further please? When I accept the 2nd speeding ticket, will they just charge me £100 and 3 points, or will they be more severe consequences since that offense took place the following day of the 1st offense? Similarly, when I accept the 3rd offense, will they look at my record or just charge me with the £100 fine and 3 points? @Man in the middleI've been searching the forum and you seem very knowledgeable. Would you mind giving a look at my query please? Thanks in advance!!
    • Yes of course. That's why it says cc:: BIg Motoring World at the bottom. Don't imagine that this solves the issue. It doesn't. He not have to force the finance company and big motoring world to accept the rejection to give your money back. I suggest that you get the letter off tomorrow. And let us know what you hear but on Friday you should then send a threat to the finance company.   Have a look what I have said here about your options and read the whole thread as well.  
    • Been perusing the actual figures on the polls above wondering where the '16% claimed for deform comes from? I understand that there are 'weighted' end results based on secret calculations ...   Probably going to repeat this later, but remember that the ukip/brexit/reform/deform party has ALWAYS had poll speculation FAR better than their actual  performance at elections - by large margins. SO: The labor and Tory votes come largely from simply the people who say they will vote for them - sorted Lab 43% Tory 20%, with maybe another small 1-2% coming from the weightings of the 'not sures' Greens largely get what is declared from 'other' , although with another declared green bit from the 'pressed' question   So as the share of the voting displayed in 'other' granted to reform/deform is around 11%, where does the '16% too often being reported come from? Seems that reform has been granted as beneficiary of effectively ALL the don't knows and wont says, who when pressed didn't actually declare for someone else ... effectively adding 40%+ to their reported polling % - rather strange given their consistent under-performance compared to polling - or perhaps that is the cause of the higher rating eh?   Now I admit the possibility (probability?) of wingers being ashamed of declaring their support for the yuckey lemon end of the spectrum ... but surely  that should affect the 'Torys as well? Maybe the statisticians have simply weighted in that deform wingers are simply more likely to lie?   But - without 'weightings' and assumptions that faragits will get everything that isnt declared as a definite and unequivocal 'not that Piers Morgan' - reform is on around 11% it seems.   Add to that the history of polling a lot less than the hype - and the simple fact that faragit wingers seem to be spread across the country (presumably skulking in their moms spare room despite being 45+) and greens and lib dems seem to be community minded - I think two seats will be an epic result for farage. Hardly the opposition - far more raving wingnut party.   and importantly - Has farage got a home in clacton yet?
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

Sky [barclaycard] - Default Notice/Termination of account


johno23
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5178 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi alll

 

I would really like some advice on the default notice and termination of account letters I have received from skycard.

 

I sent a CCA request in August and have received an application form that is invalid in line with the consumer credit act 1974.

 

I am aware that they are not able to apply a default on my credit file as the account is in dispute.

 

However i have read many threads on default notices and termination of account, but have been unable to get my head around it.

 

Please can someone have a look at the following letters and advice. As i am not clear on the rules. I have deleted all personal data, but to make you aware the arrears on the letter dated the 3rd June are higher than the letter dated 4th May, if this matters.

 

Also I am not sure if a default has been placed on my file as yet, but they say on the 3rd June my account is now closed.

 

Gosh i am so lost with this!!!

 

Many Thanks for all your support.

 

 

img018.jpg

 

 

 

Skycard5.jpg

 

 

 

img020.jpg

Edited by johno23
Deleted personal data
Link to post
Share on other sites

By my mental arithmetic they have miscounted the days on the default notice, they've given you 13 days instead of 14... probably forgot that they claim postage on the 4th when it was a bank hol so postage is deemed the 5th with two working days allowed for service....

 

So:

 

4th B/Hol Default Notice letter "created"

5th Actual put into postal system

7th Deemed served on this day

8th First Calendar day of 14

21st Last Calendar day of 14

22nd Rectify date by my counting.

 

also prescribed format of the terms seem incorrect, should have bold and underlining or some other way of standing out... italics doesnt seem to do the job in my opinion.

 

S.

  • Haha 1
Link to post
Share on other sites

does it depend on the date they put the default on.

 

How long do they have to place a default on my credit file or can they put it on whenever they like after the 21 days, as I do not think they have palced a default on my file as yet.

 

Also i take it they can not now write to me with another default notice can they even if they have not placed a default on my file.

 

thanks

 

Johno

Link to post
Share on other sites

this has nothing to do with placing a default on your credit file....

the default notice is a legal requirement to be correct and the termination notice means there is no agreement to issue another possibly correct default notice on.

 

 

They have terminated on the back of in my opinion a faulty DN and as such are only allowed to reclaim the amount of arrears mentioned on the default notice.

 

S.

Link to post
Share on other sites

Not sure that the account being in dispute prevents the default, this would only be if you had a very good case on the construction of the CCA being wrong

 

When was the agreement taken out? could you scan a copy of the agreement sent to you and post it up here so we can comment?

 

The days for action are very tenuous, not sure how a court would see that and I wouldnt like to bet much on it, you would need a very clued up judge to get them on that one

 

The italics MAY just pass the test, as they do make those portions of the text stand out more than the others, again, I would be wary of betting on that

 

Does the arrears amount claimed match that of the statements at the time?

 

You state the amount of arrears increases in the second letter, is this just due to interest in the time passed?

omnia praesumuntur legitime facta donec probetur in contrarium

 

 

Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

Link to post
Share on other sites

Hi

 

The CCA is clearly an application forms and provides none of the precribed terms.

 

The arrears increased due to interest and default charges. Sorry the account is in dispute due to an invalid CCA.

 

Will have to check the statement totals.

Link to post
Share on other sites

this has nothing to do with placing a default on your credit file.... the default notice is a legal requirement to be correct and the termination notice means there is no agreement to issue another possibly correct default notice on. They have terminated on the back of in my opinion a faulty DN and as such are only allowed to reclaim the amount of arrears mentioned on the default notice.

 

S.

 

so if the account is in dispute and they have now forwarded to me an invalid default notice and only the arrears need to be paid if any.

 

what are my options next.

 

Any idea of a letter!

 

Johno

Link to post
Share on other sites

i have the recent envelope to the letter dated 3rd of June, It only arrived today.

 

It says TNT post with a big black S in a square box in the top right hand corner of the envelope.

 

So does that mean it is second class.

 

Any ideas of a letter as i am willing to offer the arrears as final settlement as lond as the default is removed and the account placed as settled with the credit reference agencies.

 

Also the CCA does not have any of the precribed terms and is clearly an application form.

 

Thanks

 

Johno23

Link to post
Share on other sites

i have the recent envelope to the letter dated 3rd of June, It only arrived today.

 

It says TNT post with a big black S in a square box in the top right hand corner of the envelope.

 

So does that mean it is second class.

 

Unfortunately the envelope thats important is the 4th May.

 

The Duff DN only comes into play if they take you to court, they will argue that it makes no difference. The fact you say the agreement has no prescribed terms in it puts you in a stronger bargaining position but again they will claim thats not true and only a court can rule on enforceability which IS true.

 

It wouldnt hurt to put it together in a letter and advise them about the DN and prescribed terms, they have already terminated so no problem there.

 

What I think you will find though that as they have just terminated they will sell the account on pretty soon or you'll be hearing from an internal DCA and then the room for negotiating a settlement of f&f increases in my opinion. Getting the Default removed is going to be trickier I feel.

 

S.

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinions. These opinions are based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal or debt related training.

Link to post
Share on other sites

is there any links to any threads where caggers have been successful in removing defaults when it is a disputed account & invalid DN.

 

Would it be wise to start court procedings then!

 

Johno23

 

I'm afraid you'll have to trawl through the won threads to see how people have done and whats been achieved, I tend to note the WIN and not look to see whats been won as such.

 

The Default removal is going to be difficult.... they have an agreement from you say the prescribed terms are not there and as such I think the CRA's and the ICO will say that you agreed to the data protection reporting, hence the default.

 

If they take you to court then the duff DN comes into play and the terminating of the account, you then have the chance to argue that if the contract is thrown out the default on your account should be too.

 

If you take them to court then the burden of proof falls on you to show that the agreement is unenforceable... this is what the rankines tried to do and do badly! Depending on the amount outstanding on the card it could be expensive in costs if you lose.

 

Just my opinions.

 

S.

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinions. These opinions are based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal or debt related training.

Link to post
Share on other sites

Reading the DN, I ask myself this:

 

The initial letter is dated the 4th of May and states quite clearly that the DN is 'attached'. What i don't see is an actual date ON THE DEFAULT NOTICE- is this correct? Should the date also be on the DN itself?

 

Maybe I am barking up the wrong tree though.....................

Welshwizard QC (Quite Content):rolleyes:

Link to post
Share on other sites

Bank holiday. It was sent second class as well.

 

Well now........ you didnt state that above did you when I mentioned first class is deemed 2 days from posting...... second class or equiv is classed as 4 days so revised its:-

 

4th B/Hol Default Notice letter "created"

5th Actual put into postal system

11th Deemed served on this day

12th First Calendar day of 14

25th Last Calendar day of 14

26nd Rectify date by my counting.

 

They cut you short by 5 days!

 

Would be helpful if you had kept the envelope but if you SAR them you may get something noting down the postage of the DN and how they posted it.

 

S.

Link to post
Share on other sites

  • 2 weeks later...
Ok posted up the credit agreement that i have received regarding this account.

 

Any advice/comments always appreciated!

 

 

Not a single prescribed term on that application, unenforceable as shown in my humble opinion.

 

S.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...