Marbles CCA and response from FOS

[oscar52]

Not too sure this is in the right place or not.

 

One of the MSE / DFW lot said I would possibly get better advice here than on MSE.

 

I wrote to FOS with regards to Marbles and their failure under CCA to provide an agreement - a route taken as Marbles refused to help me when I stated i was struggling (actually told me they couldnt help until I was in arrears, then when I was, was told I needed to be up to date)

 

Anyway, letter is below - can raise some points myself, but would be grateful for any advice or direction.

 

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Thanks in advance.

Edited June 19, 2009 by oscar52
tracking

[cerberusalert]

When you say Marbles failed to send you your agreement, did you send a CCA request including the £1 ?

 

Did you receive the Default Notice & was it served correctly?

[yourbank]

Not too sure this is in the right place or not.

 

One of the MSE / DFW lot said I would possibly get better advice here than on MSE.

 

I wrote to FOS with regards to Marbles and their failure under CCA to provide an agreement - a route taken as Marbles refused to help me when I stated i was struggling (actually told me they couldnt help until I was in arrears, then when I was, was told I needed to be up to date)

 

Anyway, letter is below - can raise some points myself, but would be grateful for any advice or direction.

 

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Page 3

 

Thanks in advance.

apologies for completely off topic response but are you the Oscar from the reclaims boards on MSE?(natweststaffmember, mate). small world,

[oscar52]

When you say Marbles failed to send you your agreement, did you send a CCA request including the £1 ?

 

Did you receive the Default Notice & was it served correctly?

 

I receieved an "application form" - which looks the same as in wayoutneeded's post, excpet that one is much clearer (mine wont even scan)

 

I am pretty sure I didnt recieve a default notice - actually, just checked - i did on 22/12/08 - states "this is a default notice served under S 87...." Have no idea if this was correctly served...

 

 

debt then went inhouse to DLRS (Debt Litigation Recovery Service) before going to 1st Credit (18 March) who I asked for copy app and NoA in April - am still waiting

[oscar52]

apologies for completely off topic response but are you the Oscar from the reclaims boards on MSE?(natweststaffmember, mate). small world,

 

Might be:rolleyes:

[cerberusalert]

I am pretty sure I didnt recieve a default notice - actually, just checked - i did on 22/12/08 - states "this is a default notice served under S 87...." Have no idea if this was correctly served...

 

Can you scan it, remove identifying details & post it up?

[oscar52]

"default notice"

 

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Thanks

[joemay]

"default notice"

 

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Thanks

 

Oscar, the links not working, can you post again.

[oscar52]

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Lets try that.

 

yay it works!

[cerberusalert]

The timescale of that DN is 18 days & assuming it was posted first class you can deduct 2 days which leaves 16 days to remedy over the Xmas/New Year period when there is no postal service or banking facilities for several days (at least 4 days) so by my reckoning they haven't allowed you enough time to remedy the default. I would like other opinions on this one.

[oscar52]

Thanks for that cerberusalert - will be another item to draw to the attention of FOS.

[cerberusalert]

If I'm correct in my thinking it would make the DN defective in which case they would only be able to claim the arrears. The balance would be wiped out once they closed the a/c. Did they send you a termination notice?

[oscar52]

I had a letter from HBOS (as they had now taken over the running of the account) threatening to do this on 26 Feb, stating thhis may be avoided by making a payment within 7 days.

 

Then had letter dated 13 MArch stating that "the DN recently issued...... you have failed to make a repayment...... as a result, we have terminated your agreement and the card facility is withdrawn."

 

Actually, I have just noticed - this letetr states that "failure to meet these demands (return of card etc) witihn 7 days will result in further details of the default being registered with CRAs" - this had already been done on 31/01

Edited June 20, 2009 by oscar52

[cerberusalert]

Then had letter dated 13 MArch stating that "the DN recently issued...... you have failed to make a repayment...... as a result, we have terminated your agreement and the card facility is withdrawn."

 

That's good enough.

 

"failure to meet these demands (return of card etc) witihn 7 days

 

Please tell me you didn't.

[oscar52]

That's good enough.

 

Please tell me you didn't.

 

Of course not!!

Edited June 20, 2009 by oscar52

[oscar52]

Assuming the next letter sent (certainly next one received) was from 1st credit on 30/03.

 

Have two or three letters from them, last one dated 23/04 (after my phone call to them) stating that thye had requetsed my credit agreement which would be sent in due course (still waiting) and that they didnt have to provide the Deed of Assignment (refering to S136 of Property of Law Act 1925) - I actually asked for the notice of assignment)

[oscar52]

Any further hints / tips / advice I could go back to FOS with?

[oscar52]

More questions and further details.

 

In my post above (default notice), from what I have read on here, this would appear to be invalid as it allowed insufficient time for remedy (12 days as apose to 14)

 

I have been having a bit of a clear out of and found a statement from BOS (Marbles0 dated 17/03/09 - this caused me to look through the paper work I have.

 

DN is dated 22/12/08 - this states the failure to make the minimum payments of X and that have exceeded credit limit by Y - they require payment of Y by 9/01/09 as this is greater than X. Further deatils also state that HFC will require the full payment of balance on the shown date.

 

 

Default was registered on my credit file on 31/01/09.

 

I then have a letter from BOS (dated 26/02/09) stating the next step will be to terminate my agreement.

 

Further letter recived (dated 13/03/09) stating agreement has been terminated as on below post.

 

Now I also have this statement (dated 17/03/09) - doe strhis indicate that the agreement wasnt terminated? And also, am I correct in thinking (from what I have read, or I may have misunderstood this) that the agreement should have been terminated before being registered with CRAs?

[cerberusalert]

Default was registered on my credit file on 31/01/09.

They have defaulted you before the remedy date, I'm not certain but I think it invalidates the DN anyway.

 

They do not have to terminate an agreement in order to register a default, they do however have to give you the chance to remedy the default before they do though.

 

Have a look through Defective default notices explained;

http://www.consumeractiongroup.co.uk/forum/show-post/post-2166205.html

[oscar52]

Isnt the default after - or am I missing something?

 

Remedy date was 09/01/09 (which was less than 14 days from service anyway) and default was 31/01/09.

 

TY for link on defaults - not making a lot of sense at the moment, so will have another read tomorrow and see if it sinks in.

[cerberusalert]

Isnt the default after - or am I missing something?

Yes you're right, I'd misread it.

[oscar52]

Another quick question.

 

Apologies, but just want to make sure I understand all, and dont dig a hole.

 

If the DN is defective, does this mean the default should never have been placed on the credit file?

[diddydicky]

Any further hints / tips / advice I could go back to FOS with?

 

what about oc's not sending you notice of assignment

[diddydicky]

They have defaulted you before the remedy date, I'm not certain but I think it invalidates the DN anyway.

 

They do not have to terminate an agreement in order to register a default, they do however have to give you the chance to remedy the default before they do though.

 

Have a look through Defective default notices explained;

http://www.consumeractiongroup.co.uk/forum/show-post/post-2166205.html

 

an SAR would be useful to re enforce the lack of time

 

if (as is very likely) it wasnt posted until next day (23) that would completly bugger up the timescales!!

[oscar52]

an SAR would be useful to re enforce the lack of time

 

if (as is very likely) it wasnt posted until next day (23) that would completly bugger up the timescales!!

 

Thanks for the two posts - I will leave the SAR until after i get the next response from FOS.

 

I agree with the the timescales for the DN - but it would have been deemed served on 24 (if posted 22nd) or (29/30 if posted any later only gives 11 clear days (taking away bank hols and non banking days).

 

Then there is the arguement of delays because of the Christmas post