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Sky [barclaycard] - Default Notice/Termination of account


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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.

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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.

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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.

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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.

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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.

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  • 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.

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  • 4 weeks later...
Hi there.

 

I asked A solicitor to write to skycard to explain that I have been requesting on many occassions for a valid agreement. They continue to send the same unenforceable application form and i have posted up skycard's reply for all to see and make comment!

 

Just to inform you about my earlier posts, they have sent an invalid default notice and termination letter and many threatening letters that it will be sent to a debt collection agency, so still waiting.

 

Please not the gaps are mainly my name!

 

 

Hi Johno, what did they send exactly in relation to this s78, was it just the single page scan of the application or were there supposedly terms that were on the back?

 

Prescribed terms must be on the form with your and their signature, they cannot be referred to in a different document. Are they claiming they were on the back of the application?

 

S.

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  • 3 weeks later...
Today I received an offer from Skycard that I can settle the account in full if I pay 60%, so obviously they must know that have messed up with an unenforceable credit agreement.

 

Still waiting for the debt to be sold then willing to offer 10% as a full and final offer providing they remove the default from my credit file as it is a dodgy DN as well.

 

What do you all think!

 

If you can handle the default then yep stay strong and wait for it to be sold, from that offer alone you know you are in a stronger position imho.

 

If you do take the offer, ensure it is in full and final and that the debt wont be sold on to anyone else is indicated in the offer before accepting.

 

S.

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