Advice Needed Please

[AndyOrch]

thanks Andy..

 

would a letter of intent to register a default and sell the account to a third party qualify as a termination of an agreement?

the letter says.. unless you pay £xxxx amount before xx/xx/xx we will register a default on your credit file and sell your account to a third party..this means that you will no longer be a customer of xx and responsibility for recovery of the outstanding balance will be solely that of the purchaser.

 

Johnny

 

 

From the ICO:-

10 Indicators of a default

 

The following indicate that a breakdown has occurred in most types of product. This list is not necessarily exhaustive.

The account has been referred to a collection agency or in-house debt collection department.

The account has been referred for legal action.

The account has been included in a bankruptcy, IVA, or similar.

The asset financed has been repossessed or instructions for repossession have been given.

The lender takes or has taken steps to cut off the service provided (or would do so if they were not prevented on social rather than commercial grounds or by other regulations, codes of practice or statute).

The customer has not made satisfactory proposals in response to a demand for repayment.

The customer has given a clear indication, for example, by handing back an asset, that they do not intend to meet their contractual obligations. The lender has evidence that an account has been opened or used for fraudulent purposes by the applicant.

34 When a default occurs in line with the criteria in this guidance, and the lender has given the customer 28 days notice of the intention to file a default, then subject to paragraph 37, the lender may supply this information to a credit reference agency despite no advance warning when the account was opened.

35 It may not be necessary to serve a notice on all occasions. We accept there are cases when there should be no doubt over a default, for example, cases:

involving fraud;

where the lender has been notified under the terms of a bankruptcy or IVA;

where there has been successful court action or repossession; or

where a customer has made no attempt to resolve their arrears.

36 We do not believe that on its own a notice of intention to file a default amounts to harassing the debtor. We accept that lenders need to take care in the wording and use of notices to avoid the possibility of harassment.

Have they informed the CRAs and have they issued you with a valid DN?

 

Regards

 

Andy

[johnnybgood]

they told me to pay by 25th and then registered a default on the 30th as per their letter.. no DN was issued and I got their comms log via SAR and there is no reference to issuing a DN either.. they also sold the debt the following month..

 

Johnny

[AndyOrch]

Ok so that should be the foundation of your WS and they be put to strict proof.You refer to the SAR in your WS that no DN was ever issued or initiated according to their logs.

[johnnybgood]

does the fact that the new creditor claims to have sent a DN alter anything? or have they purchased an invalid agreement due to the OC terminating without a DN?

I also have the new creditors comms log and they dont have refference to any DN having being issued..

 

Johnny

[AndyOrch]

If neither have issued a valid DN then the account as not been terminated.The OC simply assigned the account without a DN being issued fact.(nothing wrong i in that)The new owner has instigated litigation without a DN being issued.All this will be part of your WS and the need to request proof along with valid assignment proof.

 

Regards

 

Andy

[johnnybgood]

that doesent sound good Andy..

so what you are saying? has the new creditor terminated by demanding full payment via court claim without valid DN or is the agreement still enforceable?

they sent an illegible copy of the agreement by the way...

 

Johnny

[AndyOrch]

that doesn't sound good Andy.. Why?

so what you are saying? has the new creditor terminated yes obviously by demanding full payment I am not aware of the amount not seen a DN or summons amount via court claim without valid DN Yes or is the agreement still enforceable? I cant recall seeing the agreement can you point me to it?

they sent an illegible copy of the agreement by the way...Ok another reason to rely upon in your WS

 

Johnny

 

Johnny your initial post asked me about Counter Claims and Witness Statements I really dont have the time to go through all the points and merits of your defence Im afraid.

Regards

Andy

 

[johnnybgood]

thanks for your help Andy..

sorry for being vague.. but i'm paranoid about DC's monitoring this site and harming my case

I'll just state the facts on my WS and hope for the best..

 

Johnny