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Invalid Default Notice, legal proceedings issued and account sold to DCA??


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Hi all,

 

I have two credit card accounts with a bank which were both started together. They wanted two to allow for a larger balance transfer from another card.

 

I submitted these to a claims company almost two years ago now (before I knew about CAG) and one claim was dropped earlier this year (which I am now pursuing myself) but they have issued court proceedings on the second account.

 

Meanwhile, having submitted no defence the CC company has defaulted the account and sold it to a DCA. However looking on here I think they've shot themselves in the foot?

 

 

31/07/2009 - Account marked as settled with CRA's

12/08/2009 - DN sent requesting FULL outstanding balance, giving until 29/08/2009 to settle (not sent 1st class)

27/08/2009 - letter from DCA saying they bought account

 

The DCA has ignored requests from me and the solicitors to correspond with them about this and have also marked the account as default with the CRA's.

 

I want to get this removed and was wondering whether to:

 

1. just wait until the legal stuff is over?

2. explain how the DN and selling of the account are invalid/unenforcable?

3. explain that the account is in dispute as legal proceedings are/were ongoing, and as such can't be sold on?

 

The only thing with arguing point 3 is whether it prevents me from arguing point 2 at a later date? As the account has been marked as 'settled' and sold on but the DN is invalid does that mean no one can demand payments now?

 

The claims company only seem interested in pursuing a claim for my being over-charged on interest rates.

 

Any ideas?

Edited by jowil1973
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Sorry can you be a little more specific with information. There has been a claim issued on one of these accounts.

 

Is this a claim issued by you against the credit card company or they have issued a claim against you ?

 

I would have thought if this was subject to litigation then the account couldnt be sold on. Have you made the new DCA aware that litigation is ongoing.

 

Was the account assigned and in what manner. Did the new owner or the Credit card company make you aware of this in the proper format.

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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

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2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I have issued a claiim against the CC company (actually two - one for each card, one through a claims company and $one myself after they dropped it). This relates to the claim the claim company are handling.

The solicitor at the claims company has spoken to the DCA, as have I. They are aware of the Court proceedings. They wrote to me to say they'd bought the debt (as stated in my original post) although the CC company didn't inform me it had been sold on.

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So, you have issued a claim against a credit card company. However, this has now been sold/assigned to another company ?

 

I will try and get you some help.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Thanks citizenB.

 

The claims company seem to only want to deal with a very small area of this - the claim for my being charged too much interest. They have drooping shoulders with handling things like the DCA and my credit file, although after me hounding them they did contact the DCA to ask them to direct all correspondence their way. The DCA seems to be ignoring this and have left a Default on my credit file which the claims company aren't bothered about.

 

I was going to pass two more cards their way but after they took so long dealing with the two I originally gave them (both related to one account and they subsequently dropped one anyway) I did my own investigating and found CAG. I'm doing 3 claims myself now in total, including the one dropped by the claims company and I wish was handling the one they're still dealing with. I think the full amount could be wiped out due to several shortfalls on their part but the claims company are just going for the difference in rates between what I was supposed to be charged according to the agreement and was actually charged.

 

They take a percentage of any win anyway, so I'm hoping I can get the balance wiped out after their claim is all done and dusted.

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In respect of the DCA.. as this account is in dispute and subject to litigation, they should be returning it to the original creditor.

 

HTH

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I have tried telling them this on the phone. Should I write saying that and if I do is there anything I should quote as I don't think they'll just accept me saying it?

 

As regards the Default they have marked with the CRA, if they do pass it back can the CC company just list it as Default again?

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This DCA.. has the account actually been assigned/sold to them by the original creditor and have they provided you with a Notice of Assignment ?

 

I would just write to them and say that the account is being litigated on with the original creditor and you will file a complaint with the OFT if they continue to harrass you whilst this is a matter in court.

 

I see no reason why you cant give them the court details .. ie you against them in Anywhere County Court, under claim reference number 12345678.

 

I cant advise on the other question. Perhaps have a look at this reference on defaults and Default Notices by car2043.. it might have something that will help..

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-2060317.html

 

HTH

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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  • 1 month later...

After sending the DCA a letter I received a letter in response just saying that they have changed their 'agreement number' to the same number as the CC was. I had said that I haven't entered any agreement with them and didn't see how they could have an agreement number?

 

Default is still on the CRA's and wasn't even mentioned in their letter.

 

I have complained to the Information Comissioners Office. Not holding my breath though... getting fed up with how the banks, DCA's CC companies etc. seem to get away with doing what they like and no one (ICO, FOS, Courts etc.) is willing to pull them up on it.

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Unfortunately this is the way of the world, all we can do as individuals is to keep on sending complaints their way. If they get enough against a company they will (eventually) look into the case.

 

I am finding the above a little confusing, and would therefore suggest that you split this into seperate threads for each account then we can see more clearly the actions and situations on each one and be able to offer more advise.

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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This thread is only about one account - I just mentioned that I have two cards issued at the same time from a single application and I am pursuing a separate claim (with it's own thread) on the other card.

 

The claim for this card (this thread) is being handled by a claims company but they are not interested in dealing with the DCA... hence my questions.

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Sorry, senior moment:confused:

 

I am afraid the claims companies have very bad press at the moment - is there a way that you could maybe take over the whole issue, I am sure it would be easier for you to handle the entire claim with the help of the good people on here - it would certainly save you the exhorbitant fees these companies charge.

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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Unfortunately if I drop the claim with the claim company now I will be liable for their solicitor fees etc.

 

They have actually become worse than useless, they took the CC company to Court last year and no defence was filed but are 'apparantly' still waiting on Judgement by Default... I keep chasing them up and have been told I have to issue a Witness Statement but that was over a week ago and I keep leaving voicemails but not getting called back.

 

I actually complained about the claim company to the Ministry of Justice last summer but since their original 'we'll get back to you' response they haven't seemed interested either.

 

It seems anyone can get away with ripping off the consumer!

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  • 1 month later...

Further to my last post I complained again to the MOJ (my original complaint was a year ago) and received an email back telling me they can't help in any way as they don't regulate solicitors and advised me to contact the LCS. The LCS advised me to write to CCLS giving them 28 days to address my issues. They also advised me to contact the MOJ to try to get my original fee refunded. I got back in touch with MOJ and was told that as my file had been passed to CCLS they can't help!

 

The following day the solicitors (CCLS) were closed down by the SRA. I tried calling the LCS but got through to Gordons, who have gone in to deal with all of the files CCLS have. Until Gordons write to me I can only twiddle my thumbs apparantly. I have called the Court and discovered that the Judge requested a Witness Statement in December of last year!

 

The MOJ (who are worse than useless) have now also removed authorisation from CCR - effectively closing them down. They advised me to call Cartel Client Review, the CMC that I originally paid for the claim but so far I've got no response.

 

I have also chased up the ICO as I complained to them in January about the Default issued on my credit file by Experto Credite (who say they now own my file) and they tell me they have a backlog of complaints and will hopefully get to my complaint (which has gone to a specialist team) in the next 3 to 4 months.

 

What was it I was saying about anyone getting away with ripping off the consumer??

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Perhaps this little gem relating to Experto Credite will cheer you up a little.

 

It's a bit old but I only just came across it. What goes around . . .

Fury over rats and fly-tippers

 

By Paul Robins

April 14, 2009

 

 

Fly-tippers have left businesses on a West Reading commercial estate at the end of their tether after repeatedly dumping waste on their doorsteps.

Old mattresses, rusty microwaves, fridges, bits of scrap metal and broken plastic bottles are among items that regularly litter the embankments in Lovelock Road.

Paul Thompson, who runs credit management firm Experto Credite Ltd, says the area is blighted by the unsightly piles of rubbish, which are also affecting his business.

“It has become a health hazard,” he said. “There is rubbish everywhere. We have rats running up and down the road.

“You see them scurrying along when you drive into work.

“Every time you look there is more rubbish being dumped outside and no-one is doing anything about it.

“I have contacted the council on three occasions and they have told me it is not their responsibility because it is on private land.”

He added: “Something has to be done because it is having an effect on our business.

“When clients, such as our investors from Norway, come to visit, the first sight they see of Reading is refuse all over the road and rats everywhere.

“It’s not a good image for businesses here or for Reading itself.”

Mr Thompson, who has been trading on the estate for three years, said the fly-tipping has increased considerably in the past six months.

The biggest eyesore, he says, is the unsightly mounds of debris and litter building up on a small verge opposite the Saab garage.

“In the main it looks like the culprits are people dumping their TVs and garden rubbish, although there is a hell of a lot of builders waste there too,” he said.“There is no CCTV along this road so I suppose they think they can get away with it.

“whoever is responsible needs to be stopped. I believe the council has a duty to protect the environment by finding out who owns the land and taking effective action to ensure it [the rubbish] is cleared.”

Council spokesman Oscar Mortali said: “As it is not council land, we are trying to establish who the landowner is so we can ask them to clear up the rubbish.

“In these cases it is the responsibility of the landowner to clear the rubbish and, if need be, the council has powers to make them clear it up.”

He added the council regularly enforces against fly-tippers, including those who fly-tip on private land.

He said: “Penalties for fly-tipping, under the Environmental Protection Act, are high and offences are arrestable. On conviction, magistrates can impose a fine of up to £20,000 or sentence the offender to six months in prison; at crown court offenders face an unlimited fine and up to five years in jail.”

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  • 3 months later...

I've received all the files back from the Solicitors dealing with the closed down legal firm and it seems that CCLS had sought Counsel on my file (pretty costly - all the bills are there).

 

They issued Court proceedings last year which MBNA issued a Defence to, but then changed some of the Claim. MBNA agreed to this provided their reasonable costs were met for adjusting their Defence, however they didn't issue another Defence!

 

CCLS asked for Judgment by Default and the Judge ordered that Judgment in default for damages were to be assessed and that CCLS should file a statement of account and witness statement from me on 20th November (order dated 10th December) 2009, however before the order was complied with CCLS were closed down.

 

I'm thinking of writing to the Judge to ask if I can take over as a Litigant in Person, in view of the unusual circumstances.

 

Any suggestions??

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  • 2 months later...

I wrote to the Court asking if I could take over this claim as an LIP and (eventually) got a reply saying it ios not for the Court to give me any advice.

 

I wasn't asking for advice, I was following the instructions given to me on the phone to take it over as an LIP. They are extremely unhelpful whenever I have called chasing a response, telling me there's a backlog of correspondence due to being short-staffed and cut-backs. Eventually I got a bit annoyed and reminded them that I had paid the appropriate fees for Court action and expected some kind of customer service. They did tell me then that there is an interlocutory Judgement, just waiting on the witness statement and statement of account.

 

Im now thinking I should just submit a witness statement and statement of account myself. I'm after some advice on what these should include? Should I incluse all the fees paid to Counsel (these run into £thousands) or just the fees I paid to the claims company?

 

Any advice please??

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  • 2 weeks later...

Jowil,

 

This looks clear cut. The DN demanding the ballance in full and the lack of prescribed term for you to rectify the default, invalidates the default notice.

 

I assume that you have sent a letter accepting their unlawful rescission.

 

I would have this thread moved to the legal forum.

 

Vint

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Hi Vint and thanks for your input!

 

The CC company passed this debt to Experto Credite after Court proceedings were issued and haven't done anything about it themselves in months. EC have chased it and said that the Court action is over according to MBNA (the CC company) but this is obviously not true. No Notice of Assignment was ever received.

 

The claim companies solicitors issued proceedings last year on my behalf and when MBNA issued no defence to their ammended POC's they applied for Judgement by Default.

 

The Judge has awarded an interlocutory Judgement pending a Witness Statement from me and a Statement of Account. Since that time however the claim company and their solicitors have closed down. I am now in posession of all the paperwork and am keen to get this sown up as there is potentially a few thousand pounds waiting there, as long as I can satisfy the Judges request.

 

I have also issued a letter explaining that the account was unlawfully repudiated due to the DN demanding the full outstanding balance and that EC wrote to me to say they now have the account before the correct date, plus the account is marked as Default with the CRA's prior to the issue date of the DN.

 

The legal claim is a seperate issue (as I see it) as it is due to being over-charged on interest... never given the promotional rates I was told I was getting etc. etc.

 

As I say it's for a few thousand pounds, so I'm keen to pursue the Judgement by Default while I still can.

 

I just need help on the Witness Statement and Statement of Account.

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