Can I sue 1st Direct?

[Having_A_Knightmare]

Hi

 

Cut A long story short had a credit card and bank account with first direct. They sold it on and ended up with Marlins and it got settled at mediation accounts closed.

 

I always though 1st Direct never issued default notices to both accounts. They say they did but have admitted they have not got copies of the DN.

 

They also say they are not breaking the DPA for not keeping them!!

 

My agument with them is this:

 

If you issued the DN then I would rectified the accounts according the the CCA 1974. This was never done and they sold them on with out giving me the chance to rectify the breach.

 

I want to sue them for not giving me the chance to rectify the breach and all the hassle of the debt collectors over the last 2 years.

 

Do you think I have a chance?

 

HAK

[twofoot]

You've been around for a while now and if anyone can do it you can. Personally I think you have every chance of kicking their back side.

[Having_A_Knightmare]

Thats what I think but not sure what angle to hit it with

[IdaInFife]

if they have not go the dn's ( i presume you had sent sar) and you have written confirmation that no DN exists then it's a breech.

 

have you thought about for starters sending a detailed letter about it and asking for compensation?

 

at least this would give you time for more research as too how to go about it ( i am trying to think where iv'e seen something similar and will post it if i can find anything)

 

IDA X

[Having_A_Knightmare]

I have been asking for compensation for months and been fobbed off.

Last letter I sent I threaterned them with court action and they sent a letter back saying "It is not against the law to not keep default notices" we issued one so basically tuff luck and if you want to start proceedings send it to DG Solicitors...

 

Its funny really as the dates they said the default notice was issued was right at the beggining of when I got in to trouble and I have letters after that date trying to make an agreement or they might default me:D

 

This is why I have to teach them a lesson but like I say not sure how to start it and what law to nail them under?

[Having_A_Knightmare]

After taking legal advice I am informed that only T/S can deal with any CCA 1974 breaches.

Also they told me 1st Direct can sell a debt at anytime with out producing a D/N.

 

Any points??

[cerberusalert]

If they have demanded the full balance of the a/c then they have terminated the a/c without giving you the opportunity to remedy any default i.e., no default notice, which in turn has led to unlawful rescission of contract on their part.

[Having_A_Knightmare]

Cheers

 

How could I enforce it tho??