Abbey problems - long story!

[stereophonicsfan]

Hello all

 

This is my first post so I hope I'm posting in the right place - bear with me please!

 

Got into difficulties with Abbey in 2007. Owed about 2 and a half grand on loan, 600 pounds in overdraft.

 

I went to CAB who set up payments with them of 51 per month loan, 18 per month overdraft. Got a default notice from Abbey and they both went to a dca.

 

Had PPI on loan and claimed back all charges as I had been led to believe it was compulsory. The 7 hundred odd pounds was taken off the outstanding loan balance.

 

In September last year they stopped my direct debits without telling me why. After numerous phone calls I found out they had recalled the debts and were selling them on. Don't know why because I kept to both agreements and intended to continue till both debts were paid in full.

 

Was contacted by Cabot Financial (uk) Ltd to continue paying the overdraft. Set up DD for 18 per month as before.

 

No sign of loan since September 08. Could not pay over counter as account closed. Went to CAB again no luck either. Informed Ombudsman who got in touch with them and Abbey phoned me to give me a phone number to recommence payments. Said they would give me 100 pounds for the inconvenience.

 

Phoned the number but was told I couldn't make payments as the loan had again been sold on but couldn't tell me who to or when I would be informed! So back to square one!

 

Have decided to CCA and SAR them once the 100 is in my bank.

I have a feeling they will have a copy of my credit agreement as I used my copy to claim on the PPI.

 

However I have looked at my copy of the default notice and it seems very vague. There is no mention of the bank, the outstanding balance (or any balance for that matter!) and says to pay within 14 days of the default notice, not the service date.

 

I have defaults for both the loan and the o/d on my files.

 

I have offered Cabot 100 pounds on an outstanding balance of 278 as f/fs with the condition that they remove the default. No reply yet.

 

What can I do about the loan? I'll have to CCA the bank as I don't know who the dca is and don't know how long it will be till I do. I've already been waiting since last September. Do you think I have a chance of claiming all my payments back bar the outstanding arrears at the time of default?

 

Sorry its very long-winded. Very confused at the moment and not sure what to do next. Any help will be gratefully received. Thanks.

[stereophonicsfan]

Anyone? Would really appreciate some help.

Here is the default notice. Not sure if it's legible sorry.

 

Edited July 21, 2009 by stereophonicsfan
Trying to post default notice

[diddydicky]

Anyone? Would really appreciate some help.

Here is the default notice. Not sure if it's legible sorry.

 

 

not worth the paper it is printed on

[diddydicky]

have they sent you a demand for the full amount since sending you that!

[stereophonicsfan]

As I said, nobody is demanding anything at the moment! Since Sep 2008 no one has asked for payment. Abbey are saying its been passed on but can't tell me who to. Just want rid of the defaut on my credit history. From the default letter I received it looks like it is invalid. What should I do now about the £565 remaining debt and the default?

[diddydicky]

As I said, nobody is demanding anything at the moment! Since Sep 2008 no one has asked for payment. Abbey are saying its been passed on but can't tell me who to. Just want rid of the defaut on my credit history. From the default letter I received it looks like it is invalid. What should I do now about the £565 remaining debt and the default?

 

if you only owe them 565 i would suggest you dispute the account but offer without prejudice an ex gratia payment of 565 in full PROVIDED that within 7 days of payment they remove all adverse data from your CRA files and within 7 days of payment record the account as settled in full with the CRA's

[stereophonicsfan]

I don't have £565 to settle the debt. If the default notice is invalid and they went ahead and closed the accout, do I still have to pay the £565? I thought an invalid default notice meant that they could claim nothing but the outstanding arrears at the time of the default notice? Is there any legislation anywhere to back this up? Also I intend to CCA and SAR the dca when I find out who they are. Would the invalid default notice have any effect with the dca even if they could find the original agreement?

[diddydicky]

I don't have £565 to settle the debt. If the default notice is invalid and they went ahead and closed the accout, do I still have to pay the £565? I thought an invalid default notice meant that they could claim nothing but the outstanding arrears at the time of the default notice? Is there any legislation anywhere to back this up? Also I intend to CCA and SAR the dca when I find out who they are. Would the invalid default notice have any effect with the dca even if they could find the original agreement?

 

sorry i misread and thought that you main aim was to get the default off your cra.

 

if the default nbtice was followed up by a termination letter or demand for the full payment then yes the termination would be unlawful (assuming you did not then keep paying) and all they would be entitled to is the arrears at the time of the termination but you need to confirm that you have accepted the unlawful termination

[stereophonicsfan]

I'm afraid I did keep paying - £51 per month to a dca called Equidebt until the September when Abbey took the debt back. Apparently it has been sold on to another one, just waiting to hear. Should I carry on with my intended CCA and SAR when they contact me? Where do I stand now regarding the debt and the default notice? Thanks for your help by the way. Much appreciated.

[diddydicky]

you need to get the cca and see how enforceable that is

 

#post it up when you get it

[stereophonicsfan]

Will do that, thanks