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Does Goldfish DN + TN mean only arrears are enforceable? - 1st credit chasing

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Apologies if this question is answered elsewhere - but I really don't know where I should look. I seem to remember seeing this discussed in some thread last month - but forget where.

 

I have a Termination Letter from Goldfish (early 2007) referring to the recent default notice they had sent me (charging me another £20 for doing so - in addition to £20 for being over limit and a third £20 for late/missed payment - all in the same month). Arrears on it then are only just over £500 - but the balance is around £10k. I have since paid a DCA around £300 - so if the answer to my question is "yes" then I only need to pay around £200 and then no more - and that's assuming the CCA could be found and be enforceable ( I have already done a CCA letter to 1st crud who are their DCA).

 

I also seem to remember from somewhere that interest and charges should be frozen when a default notice has been issued?

 

Please can someone confirm this - you would make Bigdebtor into a very happy Notsobigdebtor. If I'm wrong then tell me gently!

 

In fact I have just worked out that with the accrued unfair charges taken into account they would owe ME about £500! And that's before I add on the 15.9% interest charged on these amounts over the years!

 

BTW - surprised not to see any threads about Goldfish in here. Am I looking in the wrong place?

 

BD (hoping to become NSBD) ;)


£50k saved and £7k charges refunded:

MBNA & A&L 35% F&F direct - saved £23k. Birmingham Midshires £1700 charges refunded

Abbey Loan/BCW 50% - saved £2k. Barclaycard/CSL 40% - saved £6k

Monument/DCA 35% - saved £1k. LTSB/Wescot 50% - saved £4k

HBOS Visa £5k charges refund via Blair Oliver Scott

RBS Direct Line/(genuine) solicitors June 2010 40% - saved £3k

Morgan Stanley/Aktiv Kapital £11k SB Nov 2010

Over £40k balance write off and charges refunds to fight for:

HBOS O/d Charges £5k. Egg Loan/Aktiv Kapital CCA Dispute £8k

Egg Card/Fredrickson taking £5 monthly but CCA & Charges Dispute £4k

Goldfish/1st Credit DN/TN Dispute £9k. Capital One/CSL charges claim £4k

Barclaycard/CSL taking £5 monthly on £10k debt

 

I hope I have helped - if I have please hit my star - and recognise the others who have helped too.

Bigdebtor

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Hi,

If the default notice sent was faulty in any way and then they terminated, the termination would be unlawful and then the creditor should only be able to claim the arrears and not the full balance.

 

I don't think you are right re: defaults and interest.

 

If you want to attempt a reclaim of charges, SAR Goldfish (or whoever have taken them on).

 

I don't think there is a dedicated goldfish forum.

 

fox


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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Silverfox

 

Whilst I was charged for a DN - and they refer to it in the termination letter - I never received it - so don't know if it was faulty. Am I entitled to ask for it? I have just done a CCA to 1st crud - no response as yet - but I already have all my Goldfish statements back to 1999 for reclaiming charges and associated contractual interest.

 

Does anyone know if Goldfish CCA's (pre 1999) generally tend to be enforceable?

 

BD


£50k saved and £7k charges refunded:

MBNA & A&L 35% F&F direct - saved £23k. Birmingham Midshires £1700 charges refunded

Abbey Loan/BCW 50% - saved £2k. Barclaycard/CSL 40% - saved £6k

Monument/DCA 35% - saved £1k. LTSB/Wescot 50% - saved £4k

HBOS Visa £5k charges refund via Blair Oliver Scott

RBS Direct Line/(genuine) solicitors June 2010 40% - saved £3k

Morgan Stanley/Aktiv Kapital £11k SB Nov 2010

Over £40k balance write off and charges refunds to fight for:

HBOS O/d Charges £5k. Egg Loan/Aktiv Kapital CCA Dispute £8k

Egg Card/Fredrickson taking £5 monthly but CCA & Charges Dispute £4k

Goldfish/1st Credit DN/TN Dispute £9k. Capital One/CSL charges claim £4k

Barclaycard/CSL taking £5 monthly on £10k debt

 

I hope I have helped - if I have please hit my star - and recognise the others who have helped too.

Bigdebtor

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The problem with default notices is that they are generic letters with the debtors details merged onto it so it is very rare for a creditor to keep a copy. The only way to find out if one was issued (I say issued and not posted. explanation later) is to SAR the original creditor and get account history which usually form screenshots with codes and a brief explanation.

 

As you say, you never received a DN, all the creditor will say is that it was sent on x date and the account terminated on x date. Even if the screenshots say a default was issued, they don't have to prove to you it was posted. If it was taken to court, you could insist they produce it with proof of postage, which, of course, they will be unable to unless they actually sent it by recorded delivery(unlikely)

If they have given you dates of when the Dn and TN were issued, see if you can work out if they gave you a clear 14 days between the two

 

If I'm not much mistaken, Barclays took on Goldfish accounts.


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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Silverfox

 

I have a covering letter from Goldfish referring to the "attached" DN - but not the DN itself as it was NOT attached. HOWEVER the termination letter is dated the VERY NEXT DAY.

 

Does this mean I've won a (£10k Rolex) watch?

 

BD (or now NSBD?)

 

PS I also have a previous termination notice dated 3 WEEKS before the DN - referring to a "recently issued DN" - so not 14 clear days - actually minus 21 clear days!

Edited by Bigdebtor
typos (got excited!)

£50k saved and £7k charges refunded:

MBNA & A&L 35% F&F direct - saved £23k. Birmingham Midshires £1700 charges refunded

Abbey Loan/BCW 50% - saved £2k. Barclaycard/CSL 40% - saved £6k

Monument/DCA 35% - saved £1k. LTSB/Wescot 50% - saved £4k

HBOS Visa £5k charges refund via Blair Oliver Scott

RBS Direct Line/(genuine) solicitors June 2010 40% - saved £3k

Morgan Stanley/Aktiv Kapital £11k SB Nov 2010

Over £40k balance write off and charges refunds to fight for:

HBOS O/d Charges £5k. Egg Loan/Aktiv Kapital CCA Dispute £8k

Egg Card/Fredrickson taking £5 monthly but CCA & Charges Dispute £4k

Goldfish/1st Credit DN/TN Dispute £9k. Capital One/CSL charges claim £4k

Barclaycard/CSL taking £5 monthly on £10k debt

 

I hope I have helped - if I have please hit my star - and recognise the others who have helped too.

Bigdebtor

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A default notice issued after a termination has no standing (I believe)

 

Only the default before termination is valid.

 

To avoid confusion and to be sure of where you stand, you really should SAR the Original Creditor. If you can get something on paper showing the actual date the DN was issued followed by the "charge off" or "Debt sale" that will put you in a better position to claim unlawful rescission.

 

I can't be more definite than that I'm afraid so BD for now:|

 

If you could post up the letters you have received(minus personal details but leave dates on) That may help.


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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To clarify the earlier termination notice also refers to a "recent DN" (also not received by me - but I don't seem to have any covering letter for this one).

 

In between the two termination letters the debt semed to grow - no new purchases so therefore more interest/charges added - which I thought should not happen after a DN issued?

 

The debt was only assigned to 1st crud some 2 years later and I have been paying them until recently when they offered 50% F&F but they then renaged as it took me about 6 weeks to get the money set up - now want 70%.

 

The unsolicted 50% offer also made me suspicious that they don't have an enforceable CCA. I have sent them the £1 PO and CCA request letter and they are now in default (2 months late).

 

BD


£50k saved and £7k charges refunded:

MBNA & A&L 35% F&F direct - saved £23k. Birmingham Midshires £1700 charges refunded

Abbey Loan/BCW 50% - saved £2k. Barclaycard/CSL 40% - saved £6k

Monument/DCA 35% - saved £1k. LTSB/Wescot 50% - saved £4k

HBOS Visa £5k charges refund via Blair Oliver Scott

RBS Direct Line/(genuine) solicitors June 2010 40% - saved £3k

Morgan Stanley/Aktiv Kapital £11k SB Nov 2010

Over £40k balance write off and charges refunds to fight for:

HBOS O/d Charges £5k. Egg Loan/Aktiv Kapital CCA Dispute £8k

Egg Card/Fredrickson taking £5 monthly but CCA & Charges Dispute £4k

Goldfish/1st Credit DN/TN Dispute £9k. Capital One/CSL charges claim £4k

Barclaycard/CSL taking £5 monthly on £10k debt

 

I hope I have helped - if I have please hit my star - and recognise the others who have helped too.

Bigdebtor

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