Help and guidance please

[SCC]

I have gone down the CCA route and have received various bits of information/documentation back.

 

In most instances I have sent the second letter advising that the c/c company did not meet the deadline and therefore advising that account unenforceable.

 

I have now received a default notice from the Halifax threatening that if I don't pay they will close the credit card account and may take legal proceedings. What is the next step for me to take in this instance.

 

Some of the accounts have now been handed over to debt collecting companies. I actually turned one of them away today. What should I expect now and what should I be doing?

 

Any help gratefully received.

 

Thanks

SCC

[nicklea]

I have gone down the CCA route and have received various bits of information/documentation back.

 

In most instances I have sent the second letter advising that the c/c company did not meet the deadline and therefore advising that account unenforceable.

 

This all sounds a little bit hasty to me. Could you explain a bit more about what you've actually done?

 

As long as they have sent you a copy (and no it doesn't need to be a photocopy) of the original agreement and terms and conditions along with any subsequent amendments and a statement of the account at the present time then they have met the requirements of s77/s78 CCA.

 

Just because they send it to you later than the required timescale does not make it unenforceable.

 

I have now received a default notice from the Halifax threatening that if I don't pay they will close the credit card account and may take legal proceedings. What is the next step for me to take in this instance.

 

That depends on a number of things. First what state is your credit rating in at the moment and how important is it to you to maintain that?

 

Secondly, did they send you an actual signed agreement under the s77/78 request or just a copy of it?

 

Is the Default Notice valid?

 

If either the agreement is not valid or the Default Notice is not valid and you don't care too much about your credit rating then I would suggest that you say to them "bring it on".

 

However, if the agreement is valid and the default notice is valid (or you do not know if they are valid or not) and you are concerned about your credit rating I would suggest that you pay them the arrears pronto.

[SCC]

I have sent the CCA requests with the necessary £1.00.

 

In some cases, have not received any documentation back so sent the second letter and have still not received any documentation back.

 

In some cases, received documentation back - have posted onto the forum and advised not enforceable.

 

What I want to know is what do I do where I have had nothing back.

 

Re: Halifax

I have just been reading about Default notices and see that they have not actually allowed the correct staturtory period of 14 calendar days to rectify the problem - letter dated 21st May 2009 and have to pay before 4th June 2009. Letter generated on Thursday. If posted on Friday 22nd May, allow 2 days for delivery, that takes us to Wednesday 27th. This only gives 7 days to rectifiy.

 

I would assume my credit rating is rather poor and not much I can do about it now.

 

Again any help/advise most appreciated.

SCC

[nicklea]

I have sent the CCA requests with the necessary £1.00.

 

In some cases, have not received any documentation back so sent the second letter and have still not received any documentation back.

 

In those cases the agreement cannot be enforced through the court until they do supply a copy of the agreement. This does not stop them attempting to get the money back from you by using debt collection agencies, even though it is against the OFT debt collection guidance.

 

In some cases, received documentation back - have posted onto the forum and advised not enforceable.

 

You do need to be careful about this. First of all, did the creditors send you anything with your signature on? If your signature wasn't on the document then they have still complied with your s77/s78 request but it is impossible to tell from that whether the actual signed agreement is enforceable or not.

 

If you did get an agreement with your signature on then sometimes the prescribed terms, if they are not on the same side of the agreement, were on the back of it and the creditor will send that as a seperate sheet. If the prescribed terms are on the same side as the agreement or the creditor can demonstrate that the terms and conditions were on the back of the agreement then it will be enforceable.

 

 

What I want to know is what do I do where I have had nothing back.

 

You could send them a SAR specifically requesting the signed document, or a request under s10 DPA or a CPR31.16 letter requesting to see it.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html#post1868913

 

 

Re: Halifax

I have just been reading about Default notices and see that they have not actually allowed the correct staturtory period of 14 calendar days to rectify the problem - letter dated 21st May 2009 and have to pay before 4th June 2009. Letter generated on Thursday. If posted on Friday 22nd May, allow 2 days for delivery, that takes us to Wednesday 27th. This only gives 7 days to rectifiy.

 

Ok, this is different. They're well and truly buggered over this one. Have a read here:-

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/170345-tale-dodgy-dn.html#post1843811

 

and use this for your defence

 

Letter generated on Thursday. If posted on Friday 22nd

 

Most mail goes out same day

[SCC]

Thanks for the advice.

 

Sorry, but I have a few more questions.

 

Default notice under section 87(1) dated 11.05.09 - to remedy breach pay £xxx within 14 calendar days from the date of this DN.

Arrears notice served under section 86© dated 17.05.09 - amount due to avoid breach £xxx which is different to DN of 11.05.09

Notice of default sum served under section 86(e) dated 28.05.09 - amount due different to the DN of 11.05.09 and Section 86©

 

Now handed to DCA.

 

What should I do now?

 

SCC

[r&b]

if the DN is faulty (they dont specify a date and dont give time for service by the looks of it) dont alert them to this until they have formally terminated the account. from that point they cannot issue another correct DN and can only chase u for the arrears not the full debt.

[SCC]

Thanks r&b.

 

Once they have terminated the account, do I wait for them to take me to court or do I contact them advising that the DN is faulty?

Sorry, but this is still new to me.

SCC

[SCC]

Also, when the DCA contact me do I send them copies of the CCA request or do I put in a new CCA request?

SCC

[r&b]

Thanks r&b.

 

Once they have terminated the account, do I wait for them to take me to court or do I contact them advising that the DN is faulty?

Sorry, but this is still new to me.

SCC

 

if they go to court u have a defence agst the whole claim bar the arrears on the latest DN...

Also, when the DCA contact me do I send them copies of the CCA request or do I put in a new CCA request?

SCC

 

if u mean diff DCA for the same account, u can send them the confused letter from the template library assuming u have sent the Acc In Dispute letter to the previous one, if u have had no compliance. they cannot pass the account over if the account is in dispute.

[SCC]

I have sent the Acc in Dispute letter because they didn't reply in the defined time. Original CCA request was on 01.04.09 and their first response was on 24.04.09 by which time I had sent the Acc in Dispute letter.

SCC

[r&b]

if the reply in non compliant with s.78 (executed not enforceable will do however) then the confused letter will suffice. if their reply is compliant then regardless of time the account is no longer in dispute.

nicklea has outlined everything i think n post #4. SAR the OC at their regstd address and/or follow the 31.16 link again in nickleas post.

[SCC]

Thanks again r&b.

 

Will send off the SCA request.

 

SCC