Help With Verifying if Default Is Valid

[CAG Dell]

Hi

New to CAG and need some help on default notice.

Can anyone help with verifying if the default and termination notice below is valid, the default notice is dated 16/11/2008 and arrears must be paid by 20/11/2008, what i have read on the forum is the date would make the default invalid as its not taking into account postage.

 

Also if you notice the arrears value "Total Due" = 712.53 but add the amounts up and it comes to: 608.48.

 

Also outstanding balance is: 3879.74 but add it up and it is 2938.09

 

Images are posted below, will post further details about this later:

 

[AndyOrch]

Hi cagdell and welcome to Cag

 

DN

No service allowed

Incorrect figure

 

Invalid

 

Termination Notice

 

Does not allow 7 days final rectification allowance CCA 2006 Amendments Oct 2008

 

Invalid Termination

 

Regards

 

Andy

[CAG Dell]

Hi Andy

Thanks for the quick reply, what do you mean by "No service allowed", is that the 14+2 days for postage.

Regards

cagdell

[AndyOrch]

Correct it is assumed that first class was used so DN dated the 6th recieved say 8th at latest that allows 12 days(not taking into account working days)

 

 

Andy

[CAG Dell]

Hi Andy

Thanks for that, here is a quick brief summary, i was self employed, about 2 year ago i ceased trading, i wrote to cit and informed them of this and asked to terminate the agreement under the t&c's

TERMINATION: Either party may terminate if the other: 2) becomes insolvent or is unable to pay debts as they fall due.

 

Well as i'm unable to pay the debt, and i informed them of this they agreed to collect the servers, i have the telephone conversation about this. But 2 years on and i still have them. It was also agreed that i would pay £50 per month to pay what i owed, and i still am paying.

 

They have had DCA onto me and eventually i got so fed up i sent them a SAR to cit, which 6 month down the line they have not replied to, with the DCA when i informed them that the account was in dispute and informed them to remove all information they have about me, 2 weeks later they replied saying that all information has been removed and the case has been referred back to cit. I have not heard anything until last week when another DCA has send me a letter stating i owe over £6000.

 

Well as the account is still in dispute as they have not replied to SAR, i believe they are in breach of the data proctection act and CCA, and as you have stated, the default and termination are invalid so am i correct in assuming that:

1) Passing my details to DCA they are in breach of DPA and CCA

2) Failing to supply information for SAR, they are acting unlawfully.

3) Any attemt at court action by DCA will fail due to invalid default and termination letters + failing to comply with SAR.

 

Have i forgot anything

Regards

[AndyOrch]

Nope in theory thats how it works but in reality these muppets create chaos.Have you actually requested a seperate sec77/78 request on the agreement from the OC apart from the S.A.R ? as this if not complied with would certainly nail it and also give you chance to view the agreement if not already.

 

 

Andy

Edited October 13, 2009 by Andyorch

[CAG Dell]

Hi Andy

Whats a "sec77/78 request on the the agreement from the OC", really what i was after with the sar was all logged phone calls between me and them and all letters sent received, i have the agreement they sent me the original back by mistake and it has no t&c' on it, the t&c's i quoted was from the back of the invoice.

 

Also correct me if i'm wrong, but if the default and termination is invalid, then all they are intitled to is the £976.24 arreas, plus since date of termination i have paid back about £500, so really i would only owe £476

Regards

[AndyOrch]

Hi Andy

Whats a "sec77/78 request on the the agreement from the OC", A legal request to your copy of the Credit agreement executed and conforms of the CCA 1974 really what i was after with the sar was all logged phone calls between me and them and all letters sent received, i have the agreement they sent me the original back by mistake and it has no t&c' on it, the t&c's i quoted was from the back of the invoice.Ok you have it then probally unenforcable anyway but you would have to post it for verification

 

Also correct me if i'm wrong, but if the default and termination is invalid, then all they are intitled to is the £976.24 arreas, plus since date of termination i have paid back about £500, so really i would only owe £476

Regards

Correct

Andy

[CAG Dell]

Hi Andy

Agreement below

 

[AndyOrch]

Says page 1 of 4 there Cagdell so the T&Cs may well be embodied within the agreement.

 

Andy

[CAG Dell]

Hi Andy

Thanks, so all it boils down to is the invalid default, termination letter and failure to comply with sar.

So what is best cause of action, wait and let DCA take me to court and then produce default, termiantion letter and tell the judge that cit have failed to comply with sar, inform him/her that i'm also still paying the £50 per month as agreed and that cit has failed to collect servers, do you think i could charge them for storage

Regards