DN and Termination

[katieloo]

Could someone advise me please on DN. and Termination.

 

Basic points first then on a later post will put together why I am asking this and why I need good advice.

 

1. Store Card......Paid every month online. Suddenly I couldnt get the account up. I phoned GE they said they only processed credit cards now on line, would I like to switch to a credit card. I said no thank you.

 

2. Fell behind just one payment of £70. They sent a DEFAULT NOTICE. The notice gave 21 days from date to pay or full amount would be requested but it did not state what that full amount was. Should they have done.

 

3. Then cutting to the chase they moved debt on to DCA after one month.....Should I have had a termination of account notice.

 

4. This was the same month that Santander took GE money over. I had no correspondence on that move either. (I file all correspondence and receipts back to the year dot!) Should I have been informed?

 

5. DCA sent me letter in June 2009 several months after Santander had apparently taken over saying they had bought the debt from GE Money and I had to pay them.

Should I have received notification from GE Money that they had sold the debt on.

 

And finally same DCA sent me a letter in August of 2009 this time telling me they had just bought the debt from Santander!

 

6. So can they state they bought debt twice at two different times from G E in June and from Santander in August. And shouldnt either GE or Santander have informed me they had sold it on?

 

And finally. Should I have had a default notice plus termination from Santander as well?

 

Thanks for any help

[postggj]

It Depends If The Dca Owns The Debt Or Just Collecting For The Creditor

[katieloo]

DCA state they bought the debt, but also had viking collecting debt at same time. But viking have now ceased. All I initially wanted to do was pay my card, however I have now fallen on tough times due to critical illness.

[banker_rhymes_with]

Hello katieloo!

 

Any chance you could upload a copy of the Default Notice?

 

Please do edit out your name/address, but leave the dates on and any amounts demanded (I appreciate they seem to have neglected to say what they wanted)!

 

Cheers,

BRW

[katieloo]

Hi, banker rhymes with

 

here it is sorry I blanked out the amount it is £70 single payment missed

 

[banker_rhymes_with]

Hello Katieloo!

 

I think it's defective, because they have not stated a date by which you should remedy the default.

 

Saying 21 days from receipt is meaningless, because it does not pin down an actual date. They are trying to cover all angles, but have failed because they have been too clever.

 

The Statutory wording makes it clear that payment has to be made BEFORE THE DATE SHOWN.

 

What date would that be? If you see my point, it is a puzzle without a solution. Or, rather, a puzzle where the answer will be whatever they need it to be when asked, which is clearly not acceptable when a date is demanded by the Statute.

 

They may well try to say it is de minimis (a small matter that the Court can over look), but that is a very weak argument, and one everyone must counter if they ever hear those two words mentioned in Court. Ask them to point to where the Act or related Statute mentions those words, or states that minor errors can be overlooked, or states what exactly a minor error might be...or states that they can send Default Notices in the form of a puzzle!

 

Cheers,

BRW

[katieloo]

Thank you, have taken on board what you have said. Should I have also received a termination notice, and I presume they didnt have to put the total oustanding only the arrears on the notice.

 

Thanks again for taking time to reply, much appreciated.

[BeauBrummie]

Hi Katieloo,

 

Have a look at this thread - very similar DN, and very similar opinions.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/249017-oh-mr-cohen-again.html

 

Beau

[SharpmanTF1]

Default Notices

 

Section 87(1) of the 1974 Act allows the creditor to send you a default notice giving you fourteen days from the date you receive it to pay the arrears. The default notice must contain all of the necessary information under the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 ('the 1983 Regulations'), which includes

 

a statement saying the notice is a default notice served under section 87(1) of the 1974 Act

 

a description of the agreement

 

the name and address of both the debtor and the creditor

 

details of the breach (i.e. late payment) and, if the breach can be remedied, the date by which it must be remedied or, if the breach is not capable of remedy, the amount required to be paid after the expiry of the specified date;

 

a statement saying: if the action required by this notice is taken before the date shown no further enforcement action will be taken in respect of that breach

 

a statement saying: if you do not take the action required by this notice before the date shown then the further action set out below may be taken against you

 

a clear and unambiguous statement saying that if the action is not taken by the date specified, what it will do (for example, if will it terminate the agreement and recovery possession of the motor vehicle)

 

if the agreement is one of hire purchase or conditional sale, a statement saying: but if you have paid at least one third of the total amount payable under the agreement set out below (or any installation charge plus one third of the rest of the amount payable). The creditor may not take back the goods against your wishes unless he gets a court order. (In Scotland, he may need to get a court order at any time.) If he does take them back without your consent or a court order, you have the right to get back all of the money you have paid under the agreement set out below

 

if an amount of money is required to be paid, the amount before deducting any rebate on early settlement

 

statements saying:

 

if you have difficulty in paying any sum owing under the agreement or taking any other action required by this notice, you can apply to the court which may make an order allowing you more time

 

if you are not sure what to do, you should get help as soon as possible. For example you should contact a solicitor, your local trading standards department or your nearest citizens' advice bureau

 

The above highlighted points seem to be lacking from your DN

[BeauBrummie]

Thank you, have taken on board what you have said. Should I have also received a termination notice, and I presume they didnt have to put the total oustanding only the arrears on the notice.

 

Thanks again for taking time to reply, much appreciated.

 

Viking would seem to be the "Terminators" so to speak. Have they at ANY time demanded the full balance owing on the account- very important;)

 

Beau

[katieloo]

Thank you Sharpman, and yes Beaubrummie, viking sent me a letter saying they had been appointed to collect full amount. I need to point out at this moment that I had paid the default sum of £70 and had been talking to GE.

However I received correspondence from CL who said they had purchased the debt from GE but not what that was with no reference to it. I have 3 cards with GE and all the rest were ok then.

 

two months later CL sent me a letter stating that they had bought the same debt from Santander this time, but once again no reference to what it was. I moved house in between and they were writing to my old address, and eventually served a CC to my old address which was passed onto me, and on it they just listed themselves as claimant for an inflated amount I did not recognize and still nothing to say who it was for not even GE or Santander listed on it or to what the debt alluded to.

 

I enter my defence stating that I did not acknowledge this debt as I had not got a clue what it was for. I sent CCA request. I received copy of application form within statutory time. Then they continued to persue so I asked for mediation, the judge recommended mediation for this, but they refused requesting it go straight to judgement as I had denied claim even though they had furnished me with proof. Which was a lie as I denied knowledge only on my initial defence as I really hadnt got a clue what it was for because it wasnt stated.

 

Now I have a court date. Sometime off yet, but accordingly I have to pay £150 for the hearing or it goes straight to judgement. Why do I have to pay that? When this is them messing around.

 

I have received no statement of account only a printout of all their charges including a default they gave me after they had issued court proceedings. So the figure is so inflated. I still believed this was with viking who I had corresponded with.

 

I think I should point out at this moment, that I have just come through cancer, pneumonia, and my partner has had open heart surgery twice in this and almost died. So I have been somewhat preoccupied being a full time carer whilst getting through my own illnesses. This everyone was made aware of early autumn, as a result I suffered a breakdown from complete exhaustion. I am now also a pensioner, so facing these silly games from ruthless collectors flouting the law is not getting piling ontop of everything.

 

I am too ill to go to court with this, or find the £150 to fight this, but if I dont I lose anyway.

 

Any advice.

[BeauBrummie]

If this is a court claim and you are the Defendant you would not have to pay 150.00 as a hearing fee!!

 

It is up to CL Finance to pay the fee or their solicitors, is it Howard Cohen?

 

Can you post details of exactly what has happened with the CC ie

 

Particulars of Claim

Date of Issue

Date of Acknowledment of Service

Date Defence Filed

 

Order telling you to pay money for hearing?

 

This does not seem right somewhere along the line.

 

Beau