Drydens lawyers want a charging order

[mg_phil]

Hi all

Needs some advice

I have defaulted on a credit card and it has been passed to drydens for collection,

the original credit agreement is not old (2009) so i think it will probably be enforceable its with Sygma bank.

 

 

I have asked drydens to except token payments twice and their response is.

As i will not clear the whole dept in twelve months they are going to continue and get legal action to secure a charging order.

 

The dept is for £600,

however over £200 are the £12 late payment fee and overlimit fee.

can these be claimed or do i have to except the £12 charge.

 

One final thing but probably has no relevance the agreement has my name wrong

,they have my surname as my first name and my first name as my surname,

have previously told them about this whilst account was with original creditor by they never fixed it.

[Hardupnotfedup]

CCA them if they have your name wrong then the rest of it may be wrong and unenfroceable, Have you received a default notice if you have can you post it up removing names and amounts any barcodes and ref numbers but leave the dates.

[Deb T]

Before they can get a charging order against your home they must first obtain a ccj against you and only then and if you fail to maintain the payments set by the judge at the time of the hearing will Drydens be able to apply for a charging order against your property...

 

The process would go like this....

 

Drydens file for court, you file your defence

Court occurs, drydens win their case

CCJ awarded against you to pay at say £10pm

 

As long as you maintain that payment and do not miss one drydens would not be able to apply to the court for the charging order.

 

However, for £600 it is highly unlikely that Drydens are intending on going down that route due to the costs involved but are simply attempting to

rattle your cage by issuing said 'threats'.

 

A county court judge would more than likely set a monthly amount for you to pay back at much less a month than what it would take to clear the debt is 12 months as Drydens appear to want you to do.

 

Have you been sent a default notice and a subsequent termination letter?

[mg_phil]

The default notice was dated 15/01/2010 and must be remedy by 03/02/2010 not really sure how default notices work though

[mg_phil]

just to add found termination notice and it dated 3/02/2010

[twofoot]

How did they send the notices and do you still have the envelopes?

[rory32]

The dept is for £600,however over £200 are the £12 late payment fee and overlimit fee. can these be claimed or do i have to except the £12 charge.

 

You can and should reclaim these charges along with any interest applied to the charges.

[DonkeyB]

Hmmm... I don't think they should have terminated before 4 February... what do others think?

[mg_phil]

They sent the notices in the usual post and although i have kept every letter i did not keep the envelopes,would they have helped?

[mg_phil]

how would i go about claiming the £12 charges?. Is it the same method as with the bigger £35 charges? . i thought the FOS had recommended the £12 charge i had to live with it any help or guidance greatly received.

[Hardupnotfedup]

Hmmm... I don't think they should have terminated before 4 February... what do others think?

 

I think you are right, what would they have done if payment had arrived after they closed the account on the 3rd

[DonkeyB]

I think you are right, what would they have done if payment had arrived after they closed the account on the 3rd

 

My thoughts exactly! They terminated early.

[mg_phil]

sorry donkeyb but not sure what that means and can it help

[DonkeyB]

They are obliged to provide you with 14 clear days from service to remedy the breach. Service allows a few extra days for the letter to arrive. Unless they can prove the DN was posted first class, I believe they have terminated the account a day early (more opinions please!).

 

This technically means they have unlawfully rescinded the contract, ie. they have terminated it without giving you the full opportunity to remedy the breach.

 

You are, therefore, allowed to accept their termination and you will only be liable for the actual arrears at that point.

 

However, unlawful rescission would give you the opportunity for remedy through a counterclaim for damage to your credit status, and simply for the act itself, the amount of which might wipe out any arrears.

 

That said, I'd rather hear a few more views on whether the account was terminated early. I don't think they should have terminated till the 4th.

 

Judges and creditors like to regard faults with the issue of DNs and termination as 'de minimis', ie. not really important or relevant. They tend to rely on 'well, you've had the money, pay it back'.

 

But it is not a small issue. It is the law - to enjoy the benefits of S87, the creditor MUST abide by it, and that includes not terminating the account unlawfully.

[Deb T]

If the account was terminated befre it should have been and unlawful recission has occured then it is important to acknowledge their terminating of your account. I cannot remember the correct terminology used when accepting the termination in such a manner, try looking up the member diddydicky, he/she is quite up on that aspect of things and is a most useful source of information.

[mg_phil]

ok

courts summons in the post this morning any idea's if i can defend

[DonkeyB]

Post up the Particulars of Claim, deleting your personal info, and we'll have a look.

[mg_phil]

thanks

 

[mg_phil]

[mg_phil]

sorry about that anyone have any thoughts

[Deb T]

This weill be moved to the legal forum shortly ..

Edited April 22, 2010 by Deb T

[cerberusalert]

Moved to Legal Forum

[cerberusalert]

done

[mg_phil]

anyone

[mg_phil]

really needs some advice i am running out of time

Help