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    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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AA loans/BOS - claim discontinued


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Hi All,

 

I have an unsecured loan and due to redundancy have not been able to pay since January this year. Balance over £20,000 monthly payment £285. Went via CAB and proposed a token payment of £1/month in March.

 

Anyway all seemed well as proposal accepted - seemingly as an ongoing amount. Checked my credit file and noticed it was defaulted as of 31/7/09.

 

Original Creditor is AA Loans and currently dealing with Blair, Oliver and Scott (Bank of Scotland DCA).

 

As I had no default notice queried with Blair Oliver Scott in August, recorded delivery complaint. No reply back so today I rang to find out what had happened. BOS stated AA would have defaulted before account was passed so needed to speak to them. Rang AA and initially said default issued in April, when I asked about proof of postage came back and said that they had not issued a default but asked BOS to send one when account was 4 months and a penny in arrears.

 

BOS had already stated that no default had been issued so I am asking what should I do now. If they have defaulted me without sending a default notice what does that mean.

 

What is the best way to move forward without getting into trouble. They accepted £1/ month without any fuss so I really do think they have done the right thing. What options are open and what advice would people give

 

:):):)

 

Many thanks

Mike

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Hi,

I think you will need to get all that has been said in writing as they will deny everything that has been said otherwise.

As I see it, you could demand they remove the default but then there is nothing stopping them issueing another one (properly)

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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I presume they haven't terminated the account.....as Foxy has said they can issue one whenever they like, if they terminate and then issue a DN, then it would be an unlawful recission of contract.

  • Haha 1
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On the phone both AA Loans and BOS stated the account was terminated but I do accept the only evidence of this is my credit file. AA stated that they terminate/default when an account is 4 months in arrears. As I was paying £1 a month this occurred when the July payment (5th) was missed. So they action-ed the default early July. However rather than send a default they stated they asked BOS to send it.

 

Date of default 31/7/09 on credit file, which fits with the dates stated by AA Loans.

 

How can I get this in writing without them trying to cover it up, they are no doubt aware of an issue following my phone calls yesterday asking when the default was issued.

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You could try and SAR each company but to include all call transcripts (you may need to give them dates of calls)

With a little luck, any screenshots may show what they have done with the account

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If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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  • 3 weeks later...

OK, so they have now gone into cover up mode and I need advice as something seems wrong. I received the attached letter which now confirms they die not send the default and low and behold they have sent another.

 

What a shame I alerted them to the error, silly boy. Is there anything worth trying nor. I am obviously going to complain but feel as though they will cover everything up.

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First off you dont say anywhere that you've checked that the agreement is enforceable - is it?

 

Unless they terminate, they can issue a DN when they like

 

and

 

Dont ALWAYS assume that there has to be a default notice issued for a default to be placed at a CRA. CRA's are commercial entities that tend to do what their customers want to be done.

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I've unapproved the offending post, could you re-post without the personal details :)

 

Thanks for the 'heads up' mandyjayne.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

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Oops, think I'll ask if they would consider a write off in the circustances. Re the agreement it is valid apart from I believe it should be a multiple agreement as it paid off a previous loan.

 

In one sense a shame as they accepted my pound a month but its not as if they need the money really.

AAResponse.pdf

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They confirmed the account was terminated when I first asked the question in October. As I said at first, reply now confirms no default was issued at this time. As I was made redundant and have nothing to pay I am going to simply write and ask the account be written off in the circumstances. Nothing to lose I guess!

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  • 3 years later...

Just to Update everyone - AA issued proceedings on this and I had a no win no fee solicitor defend

RESULT : Feb 2012 claim discontinued.

Great as balance was still over £20Ka

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As above - they issued proceedings without a default notice. The agreement should also of been a multiple agreement but it was not. I have not seen the defense put forward as I was just happy to see this disappear! :wink:

 

Extract from dispute letter below:

 

"I am writing in response to your letter dated 9th November 2009 which now confirms in writing that no default notice was issued at the time our account with AA Personal Finance was terminated. Before your letter we could not be sure this was indeed the case and I thank you for confirming this in writing. Without being sure I felt it would not be wise to dispute the debt in case, for example the notice was simply lost in the post. Now your letter has made clear no default notice was issued we formally dispute the debt and we no longer offer token payments. This letter should clarify why we feel this is reasonable in the circumstances and propose a solution to this issue in both our best interests.

The consumer credit act makes it clear that a default notice is required when an account is terminated. Both AA Personal Finance and Blair Oliver and Scott made it clear on 27th October that the agreement had been terminated. This was also a matter of record with the Credit reference agencies for some months before this. What appears beyond any doubt now is that the account was terminated by AA Finance sometime in March 2009 without a default notice being issued. Your letter now serves as written confirmation of this and as a result finally clarifies what actually happened.

Therefore AA Finance terminated the agreement unlawfully at or around March 2009. Under elementary contract law in England AA Finance become the contract breaker and we are the injured party. As a result we have the option to accept the termination and recover damages. It is worth noting the following case in support of this position. In Golden Strait Corporation v Nippon Yusen Kubishka Kaisha [2007], Lord Bingham said:

 

'The repudiation of a contract by one party ("the repudiator"), if accepted by the other ("the injured party"), brings the contract to an end and releases both parties from their primary obligations under the contract. The injured party is thereupon entitled to recover damages against the repudiator to compensate him for such financial loss as the repudiator's breach has caused him to suffer. This is elementary law.

For clarity we ACCEPT THE CONTRACT TERMINATION given the circumstances.

So what does this mean, well the agreement is terminated now and as a result neither of us bound by its obligations. In addition you cannot now correct this by the issue of a Default Notice which you appear to be trying. There is no longer any agreement between us on which to serve such a notice. The only debt which we possibly now legally owe as a result is the arrears when the account was terminated. In your letter you states this is £581.34, which may or may not be correct.

Moving on from this I would ask you now to review the original agreement. The agreement may be unenforceable anyway as it is not set out as a multiple agreement. This is required by the Consumer Credit Act 1974. Part of this loan was kept by AA Finance to clear our previous loan. This means this was a multiple agreement and the original agreement was therefore wrongly drawn up. This in itself means it is also questionable whether a court would be able to enforce the arrears owed at the time of termination, namely £581.34.

Bearing in mind both these issues and in an attempt to save time, effort and future costs I ask you give serious consideration to the following simple resolution. Write off this account and remove all details of the account from the credit reference agencies."

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