Default Notice - default - termination - which order??

[willtheywontthey]

Sorry to ask what may be an obvious question but could somebody clarify whether an OC should provide me with a termination notice or not?

 

based on they sent a DN

they defaulted me

 

and then basically they stopped writing except for 1st credit suddenly writing (got rid of in less than a week which I was pleased about)

 

still no termination notice nor any letter from OC stating they were sending 1st credit my details and they were allowed to pursue debt.

 

then nothing for ages. They did write to say debt back with them. Now I have Robbers Way as they are called demanding my attention. Again no letter from OC whatsoever and first I hear is a phone call and then a letter from RW.

 

Only letters I do get are from the DCA whoever they may be.

 

Still no termination letter - only termination mentioned was at rear of DN.

[diddydicky]

Sorry to ask what may be an obvious question but could somebody clarify whether an OC should provide me with a termination notice or not?

 

based on they sent a DN

they defaulted me

 

and then basically they stopped writing except for 1st credit suddenly writing (got rid of in less than a week which I was pleased about)

 

still no termination notice nor any letter from OC stating they were sending 1st credit my details and they were allowed to pursue debt.

 

then nothing for ages. They did write to say debt back with them. Now I have Robbers Way as they are called demanding my attention. Again no letter from OC whatsoever and first I hear is a phone call and then a letter from RW.

 

Only letters I do get are from the DCA whoever they may be.

 

Still no termination letter - only termination mentioned was at rear of DN.

 

first, what was the date of the DN and what was then date yu nhad to comply by?

 

was the demand just for the arrears or the whole amount

 

what did it say they would do if you failed to comply

 

++++

 

they are not compelled to give an official termination notice

 

demanding (after the DN) the full amount due on the account constitues termination

 

several statements showing no further fees or interest being added to the account would show termination

 

it would be a good idea at this stage to SAR them as this might reveal a write down in their books

 

otherwise just a waiting game for a piece of paper that says cough up the lot

 

ideally this will be on the back of a defective DN so do tell us the above info on the DN

[willtheywontthey]

Thanks - that helps as I was not aware of the termination details.

 

I am also sending an additional SAR (one I did send was just before the DN).. I will post up a scan tomorrow and hope somebody will be able to pick at it? I believe dates on it should be about right but perhaps it'll be issues with alyout or wording. Tomorrow's list of things to do.

 

You mention interest not being shown.. is this compulsory? HF/Marbles have done this so i thought they were being kind.. None of the other OCs have done so!

 

Actually I don't think original OC ever did demand whole amount at all - other than their DCA that wrote to me acting on their behalf. Is this allowed?

[willtheywontthey]

forgot to delete acc number so need to scan DN again.

[willtheywontthey]

 

[the_shadow]

That default notice is missing a prescribed paragraph of text.............

(2) Any notice to be given by a creditor or owner in relation to a regulated agreement to a debtor or hirer under section 87(1) of the Act (which relates to the necessity to serve a default notice on the debtor or hirer in accordance with section 88 before taking certain action by reason of any breach of the agreement by the debtor or hirer) shall contain--

 

10A

A statement in the following form--

"This notice should include a copy of the current Office of Fair Trading information sheet on default. This contains important information about your rights and where to go for support and advice. If it is not included, you should contact us to get one."

 

Oh and if that default was sent 1st class by my reckoning they should have given you to the 20th August to rectify, the 1st was a Friday so the count of 14 days doesnt start until after service of documents which for 1st class is two working days. Count started on Weds 6th.

 

S.

[the_shadow]

Oh and the default indicates the agreement was opened in 1999, Send a s78 request to the DCA that is hounding you and see what they can come back with

 

S.

[diddydicky]

That default notice is missing a prescribed paragraph of text.............

 

 

 

 

Oh and if that default was sent 1st class by my reckoning they should have given you to the 20th August to rectify, the 1st was a Friday so the count of 14 days doesnt start until after service of documents which for 1st class is two working days. Count started on Weds 6th.

 

S.

 

i make it the 19th if first class and 21st if second class! but still defective anyway.

[willtheywontthey]

thank you very much. x

 

I will cca the DCA tomorrow.

 

Even if the DN is defective I guess DCAs ignore this information??