Jump to content
  • Tweets

  • Posts

    • Evening Caggers, I've attached what Lowells had sent the OH relating to my CCA request.  If you ask if the credit agreement could be better its even worse in real life (its pretty much unreadable to the naked eye).  They've asked me on the last letter the OH got off them that they would not be sending another copy of the CCA as they've already sent one.  I get that they've sent her a CCA, but to be unreadable this cannot be correct.  Anyway the stars aligned today as the postwoman delivered the contents of the SAR I'd sent to Lowells.  What they sent was generic letters but without the OH's details showing which I thought was quite strange, copies of what I've attached on the PDF and a couple of legacy information from the previous DCA that had it.  What was not included was a breakdown of any additional charges and interest placed on the account nor a Default Notice which I specifically asked for.  Anyway any thoughts on what I've posted would be much appreciated.  Thanks PM  20201031-Lowells OH Vanquis Card Redacted.pdf
    • You need to tell us the story.  I'm afraid that the claim form gives almost no useful information.   You've been here since January and it's a shame you didn't come to us before starting this
    • You made  number of errors:   You didn't take pictures You used Hermes You relied on faith (Bless!)   Yes, you will have to issue legal proceedings. Post up your proposed letter of claim here before you send it off.  Don't expect it to have any effect.  You will have to issue the papers.   Normally Hermes would then force you at least to go to mediation and would then settle for what they think they can get away with in order to avoid court action.   Hermes don't want judgments against them where those judgments would expose their unfair treatment of customers - such as insisting on insurance to cover their own negligence, or relying on a prohibited items list to evade liability for loss.   However, in your case, the issue is not one of insurance or prohibited items.  The question is merely whether the items were adequately packed and so on this issue they could afford the risk of going to court and losing because nothing would undermine their way of doing business. I am telling you this because it means that Hermes might be slightly more determined than usual to to face a judge even though the dispute is over a small sum.   Read around some of the Hermes threads to see how it normally goes - but as I suggested, most of them will not be relevant to you.   I don't see any purpose in sending an SAR in this case but please do tell us if you disagree.   Once you send the letter of claim, you must carry out your threat to begin the claim on day 15. Register on the Moneyclaim website and start getting the claim ready.  Let us see the draft POC before you click it off          
    • How much do you owe in arrears on the mortgage including interest ?   Why don't you look into challenging possession, offering a lump sum, plus regular monthly amounts covering both normal mortgage repayment and an amount towards arrears ?  Obtain legal advice about this.  Can Shelter Housing charity assist you ?   Seems to me that if you are looking at a return of ownership, then you need to think how financially this will be achieved.  
  • Our picks

    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies
    • Oven repair. https://www.consumeractiongroup.co.uk/topic/427690-oven-repair/&do=findComment&comment=5073391
        • Like
      • 49 replies
    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
      • 3 replies
    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
        • Thanks
        • Like

Defaults and arrangements - MBNA and First Credit


Please note that this topic has not had any new posts for the last 4025 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi

 

Not really a bank charges and CCA question but I used these forums before and found the advice superb.

Here goes ...

Around 2 years ago I got into trouble with a Virgin credit card after a failed move abroad, some mental health issues and a whole lot of pain. They were shocking and out of all my creditors were the only ones who simply didn't listen and did nothing to help.

In the end they defaulted me - no letter of default was received. The debt was sold on to First Credit and after a while I agreed to make payments. I was, by then, running my own business and could afford to pay so I did. I made 2 payments. My business bank account was up for renewal and I applied for a branch account with overdraft and charge card (the turnover on the account supported it) and was given the account. At the same time I took up the free offer from a CRA and checked my file. Right in the middle of my perfect credit record was the default.

Now I'm not disputing that I ddin't pay them but they defaulted me without notice.

They sold the debt on and I came to an arrangement with 1st Credit to pay a reduced amount.

As i worked in a CRA as a programmer I am aware that once you get to a status of 3 you might as well not bother as it's going to be treated as a default in any case BUT once I am in an arrangement the Default status should be removed and replaced with a flag to say there is an arrangment in place.

Also, the reduced amount that I arranged is not showing ?

As it happens, because of the economic downturn I'm now struggling to make the payments (missed one) but am tempted to kick up a fuss about the way in which they have dealt with this.

Attempted to add a Notice of Correction to my file but have just received an email from Experian saying the file is displayed correctly, which is wrong.

Anyone with any experience of arrangements that could advise ?

Cheers

Hamish

Link to post
Share on other sites

I think it would depend on why you were defaulted - and if it was because you defaulted on a payment, did they follow the correct procedure in doing so?

 

A lot of defaults were removed due to procedural errors, but have now been very much tightened up since 2006. I have had 4 removed due to the inability of the companies to provide the paperwork - so it appears to be still going on!

 

If you wish to dispute it, then the first thing to do is to write to the bank who defaulted you and advise you have no recollection of the default notice being served. Ask for a true copy of the agreement to which this account relates to (along with payment of £1) and a true and certified copy of the default notice (under section 78 of the Consumer Credit Act). Then given them 28 days in which to respond but send recorded delivery.

 

They may write back and fob you off, but unless you have been given a copy of the notice, then write back and stress that it's the default notice you are concerned about. Give them another 28 days.

 

If you do not recieve it within 28 days (you may get a letter acknowledging your request) then write and tell they are in breach of the CCA and give another 7 days..

 

If you still don't get it, ask them to remove it..

 

There are lots of letter templates on here you can use, and the above mainly relies on the bank's record keeping.

 

Another way is to prove you did not default, but it sounds like you may have done. But there is no harm in trying the above!

 

As for the notice of correction, I believe you can put an explanation as to why the default arose, but not really to dispute an entry which may be "correct". If you advise them that it is in dispute, they will mark it as disputed but that is really about as far as they can go.

 

Good luck!

Lived through bankruptcy to tell the tale! Worked in various industries and studied law at university. All advice is given in good faith only :)

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...