co-op ex Northern Rockicon credit card

[ltc1607]

Thanks DD

[ltc1607]

Had a letter from Wescot should I just send the same letter as above regarding the defective DN and termination or do you think we are all flogging a dead horse with that now having read all in the invalid default notice thread thread ?

[bustthematrix]

ltc607

 

Until the precedent that was set in the Woodchester case is overturned, the defective DN/Termination defence remains valid. I would however seek additional factors to add to my defence and not base it exclusively on the defective DN though.

 

Having said that, you may want to put Wescot through the full line of queries to see how they respond (SARN, s78, charges etc) before hitting them with your main defence which is the Defective DN (am I right?). Btw, when was the credit item taken out?

[ltc1607]

It was an ex northern rock taken out in 2001 I did an SAR request with the co-op but all I have is a screen print of my agreement and the DN ,with Termination on the day of issue of the DN.

[bustthematrix]

Pre April 07? Well then, the protections of s61 and s127(3) of the CCA may well be yours then, not only the Defective DN & TN defence! What was it, a loan?

[Master Chief]

Pre April 07? Well then, the protections of s61 and s127(3) of the CCA may well be yours then, not only the Defective DN & TN defence! What was it, a loan?

 

bustthematrix, sorry to butt in, but do you think you could briefly explain why the date is important in relation to CCA's pre/post April '07?

 

Thanks.

 

MC.

[bustthematrix]

Yes. Section 127(3) of the CCA 1974 was specifically repealed in the 2006 update to the CCA (CCA 2006).

 

This update came into effect on the 6th of April 2007. Fortunately, it only applied to agreements made on or after that date, not to those previously executed i.e. anything on or before 5th April 2007.

[Master Chief]

Yes. Section 127(3) of the CCA 1974 was specifically repealed in the 2006 update to the CCA (CCA 2006).

 

This update came into effect on the 6th of April 2007. Fortunately, it only applied to agreements made on or after that date, not to those previously executed i.e. anything on or before 5th April 2007.

 

Thank you. I have looked at the legislation here http://www.statutelaw.gov.uk/content.aspx?LegType=All+Legislation&title=consumer+credit+act&searchEnacted=0&extentMatchOnly=0&confersPower=0&blanketAmendment=0&sortAlpha=0&TYPE=QS&PageNumber=1&NavFrom=0&parentActiveTextDocId=436428&ActiveTextDocId=436587&filesize=6353

 

But still dont know what it means. As far as I can see the only ref' to (3) has not text and the link F2 explains bugger all. Sorry, bit of a thicko when it comes to this stuff.

[ltc1607]

its a credit card

[ltc1607]

I now have another DCA calling me does anyone think that the DN and termination are still a good case after reading the invalid defaults thread.

[ltc1607]

bump

[ltc1607]

anyone please

[Undercover-Elsa]

Hi ltc,

The subject is very much up in the air at the moment, awaiting the result of the request to appeal the Brandon case.

However yours differs from Brandon, you're in a much better position as they jumped the gun and terminated on the same day. I note however that they terminated on the basis of a clause in your agreement, rather than for non response to the DN, so its a tricky one.

Clearly their actions are confusing and unfair, but at the moment its unclear how it would stand up in court.

Hopefully others may be able to offer more advice

Elsa x

Edited November 23, 2010 by Undercover-Elsa

[ltc1607]

I wrote back to the DCA to just say that I had an invalid default notice and the account was terminated on the back of this they have now wrote back and asked me again to put it in writing so they can go back to the co-op and investigate how do you think I should word the letter ?

[Undercover-Elsa]

Maybe something on the lines of:

 

Thankyou for your letter, however I feel I have more than adequately detailed exactly why this account is in dispute in my previous letters of (date) and (date). Assuming that you keep records of correspondence please refer back to these.

 

However, in an attempt to assist you I will again briefly outline the two main issues of the dispute.

• The Coop have failed to supply a valid agreement containing the prescribed terms and conditions necessary for enforcement in Court of a Consumer Credit Agreement, in response to my request under Section 78 of the CCA 1974. Nonetheless I have been continually threatened with Court action, and would remind you of the requirements of the CPUTR 2008 which stipulates that it unfair to threaten court action when none can be taken.
  
• The Coop has made a serious error in issuing a Default Notice AND a termination notice on the same day, a clearly unfair, confusing and prejudicial action as it denied me the prescribed 14 days in which to remedy the breach. As the account has now been terminated, a further Default Notice cannot be issued, without which the Coop has no right of action.
  

I trust this clarifies my position,

 

Yours faithfully,

 

 

 

Just my thoughts....see what others think too.

 

Elsa x

[ltc1607]

Hi can a Company sell a credit card account before the expiry of a default notice?

[AndyOrch]

Yes.

 

 

Andy

[ltc1607]

Hi Andy I have a DN asking for the full balance that was sold to a dca before expiry along with a lot of caggers and was under the impression that this was wrong.So I am flogging a dead horse as far as this is concerned.

[AndyOrch]

Should and shouldnt is difficult to argue, yes the OFT would probally disagree.A creditor can assign at any given time and therefore any DN

issued would become the responsibility of the assignee to collect or enforce.The owness is still with the Debtor irrespective of who issued or who now owns.

Unless there was serious dispute ongoing before the DN was issued.

 

Regards

 

Andy

[MandM]

Should and shouldnt is difficult to argue, yes the OFT would probally disagree.A creditor can assign at any given time and therefore any DN

issued would become the responsibility of the assignee to collect or enforce.The owness is still with the Debtor irrespective of who issued or who now owns.

Unless there was serious dispute ongoing before the DN was issued.

 

Regards

 

Andy

 

Hi Andy,

 

Taking it another step; If a DN is issued which happens to be incorrect (dates etc) and then the account is sold on before the rectification date given on the incorrect DN, can this be corrected by the new owner of the debt by later (2 years later) issuing another DN in their own name? The 2nd DN demands the full amount by the way!

 

Mike

[AndyOrch]

Without going into too long complex laws MandM if the initial DN is invalid it can be corrected by either the assignee or the assignor however the breach amount would remain the same.If the second was to request the full amount then that would imply the agreement had been terminated at some stage, pre or post.So if it had been terminated a fresh DN could not be reissued, as there would be no agreement to breach.

 

Andy

[MandM]

Thank you Andy. That's a great help.

 

Mike

[ltc1607]

Can a DCA who has purchased an account with no CCA default your credit file?

[dx100uk]

yes

 

sadly

 

however, its rare they do

 

typically the oc would have already defaulted you before it was sold on a phishing list.

 

then the dca's name is substituted wherever the oc's was.

 

as long as the original default date does not change

they can update as much as they like.

 

dx

[ltc1607]

Thanks for that, can they issue another default and termination if the first was faulty?