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bsj

I need some advice

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My son has come back home to live with me,he has two credit card debts one with monument and one with the abby.Also an unsecured loan with the abby.

He has received a default notice for the loan,the credit cards have been passed to DCA's as has the loan.

 

The debts are in his fathers address,which is not a problem as he collects his mail regularly.

 

What do i do next.Should i send them the CCA letter.

Edited by bsj
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First send them a CCA request to see if they are entitled to collect this debt & if it's enforcable. If they fail to provide it within 12+2 days or the CCA is unenforcable you can legally withold any payment until they do. Send it recorded delivery enclosing a £1 postal order. When you get a reply, scan it & remove any identifying details and post it back here where we can have a look at it. We'll advise you from there;

 

Dear Sir/Madam

 

Re:- Account No: XXXXXXXX/Your Reference Number: XXXXXXX

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

You should also note that I will only discuss this matter in writing and should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you or any of your associates.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance. (Optional addition)

 

I look forward to hearing from you.

 

Yours faithfully **Edit to suit**

Print name do not sign


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

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17 Port & Maritime Regiment RCT

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Can you scan the Default Notice & post it up after removing identifying details?


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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Can you scan the Default Notice & post it up after removing identifying details?

 

 

My scanners down i have to get a new one:oops:

 

I'll try to sort something out, i'm in a bit of a panic over these debts.

 

Could there be something wrong with a default notice?

 

Thank you for your advice by the way,i'll get the above letter sent off right away.

 

Then i'll get a new printer sorted out so i can scan it and post it up for you to look at.

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how long did the default notice give you to sort it out and when was it posted/recieved


PGH7447

 

 

Getting There Slowly

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Advice is given freely but is in no way meant to be taken as Gospel:-)

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Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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how long did the default notice give you to sort it out and when was it posted/recieved

 

It was dated the 15/10/07.

 

Action required to remedy Payment of the overdue amount of ****to us within 14 day's of service of this notice.

 

I'm a bit frustrated i can't scan it up:|

Edited by bsj

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did it give a date to sort it out and was it in fact 14 days


PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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Yes to both questions,it also says it was served under section 87(1) of the consumer credit act 1974.

 

It includes the amount of arrears and the outstanding amount of the loan.

 

The date of the default was the 15/10/07.

 

I'm unsure of the date it was received.

 

I was'nt aware of any of these debts untill he came back home,part of the reason i think.

Edited by bsj

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Action required to remedy Payment of the overdue amount of ****to us within 14 day's of service of this notice.

 

Was the above the exact wording or did it specify an exact date to remedy by? i.e remedy by 29/10/07

 

If you have a digital camera you can take a decent picture of it using 'macro-mode'.


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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Was the above the exact wording or did it specify an exact date to remedy by? i.e remedy by 29/10/07

 

If you have a digital camera you can take a decent picture of it using 'macro-mode'.

 

No,no date to remedy by,just the fourteen day's.

 

I'll give it go with my digi camera,do i have to upload to photobucket or the like in order to post it up?

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In that case the Default Notice is defective. This post http://www.consumeractiongroup.co.uk/forum/show-post/post-2166205.html will explain all.

Edited by cerberusalert

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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I have managed to upload as an attachment for you to confirm it is invalid or not!

Many thanks for your help.

 

 

 

 

 

 

 

I'm going to try again,it's far too small to read.

DSC00294.jpg

Edited by bsj
another upload

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I'm having a hard time trying to work out how to post up the default notice.

 

I tried to upload to image shack,no luck there,i could do with some help in this dept as i'm not techy at all.

 

The one i have managed to post is too small to read.

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I'm having a hard time trying to work out how to post up the default notice.

 

I tried to upload to image shack,no luck there,i could do with some help in this dept as i'm not techy at all.

 

The one i have managed to post is too small to read.

If you hit the little paper clip in the reply box, it will let you dowload the image from your PC. Then go to manage attachments and insert it from there.

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088.jpg

 

 

Thank you vint.easier than i thought

 

Still very small and unreadable.

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[attach]10633[/attach]

 

 

Thank you vint.easier than i thought

 

Still very small and unreadable.

 

Try the downward arrow next to the paper clip, or is the file just very small.

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Try the downward arrow next to the paper clip, or is the file just very small.

 

 

I took a pic of the notice with my digi camera,it's a small file,i'll try to enlarge itand try again.

 

Me and PC's are not a good mix:)

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Have you tried using Photobucket to post it up. That usually works for me.


:cool::cool: Blondmusic :cool::cool:

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Have you tried using Photobucket to post it up. That usually works for me.

 

I tried image shack,but it would'nt accept the file,i have no idea why.

 

It just showed up as a box with a red cross in the corner.

 

I'll give it try,it's a pain having no scanner working.

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WHoops, personal details still visable,Sorry

 

Removed image

 

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Yes it's defective, they have to specify a date which it has to be remedied by which must be no less than 14 days from receipt of the notice.


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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105rwbq_th.jpg

 

At last,phew!

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Yes it's defective, they have to specify a date which it has to be remedied by which must be no less than 14 days from receipt of the notice.

 

Sorry i did'nt see your post before i posted up the larger version,iv'e been tying myself in knots trying to post it:lol:.

 

So do i still still send the letter asking for the credit agreement?.And see what comes back?

 

 

It may be an obvious question,but i take it i don't let them know the default is defective?.

 

Many thanks for your help.

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