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    • Ah but if I didn’t pay PRA group could they default me?
    • We have a damp problem in a party wall in a Victorian terrace.  Both I and my neighbour have single storey extensions at the back (actually the front, but the back as originally built...) with roof terrace / patio area above, and a brick wall dividing the two terraces. This is standard in the road. (They also have a small conservatory joined to the first floor over part of their roof terrace) Some years ago we noticed that the internal party wall below the terrace was showing some signs of damp. We asked the neighbours if they had noticed a similar issue but they refused to engage with us. We hoped it was a condensation issue, and it was only occasional.  Over the years the dampness has got more frequent, and a couple of years ago we had our terrace completely redone, with the old flooring removed, new felting put down, new lead flashing, and decking on top. I stripped the wall below back to plaster and re-papered and painted. Last year the damp returned, but much more noticeably. We use a dehumidifier and can "extract" a couple of pints of water from the downstairs hallway sometimes - regardless of weather. There is black mould at the top of the wall, and it's clear the damp is coming top-down. I've lifted all our decking, put sealant along all felt joints, and silicone sealer between the lead flashing and brickwork that forms the dividing wall between terraces.  Since then there've been occasions when there has been surface water running down the wall, even when it's not rained.  We're pretty certain it's when the neighbour waters plants on the terrace.  The neighbours still won't engage, but we have persistent black mould, the paper is peeling off and the wall is wet from the top.  To check it's not our roof, at times when the wall has been dry I've thrown buckets of water at our side of the dividing wall on the terrace (and this obviously drains down onto the felting below the decking). The downstairs interior wall is unaffected by this - confirming the problem is coming from the neighbour's side. So what to do? Is this something we should be referring to our insurers? If the neighbours fail to fix the root cause (which is presumably perished roofing under their conservatory, or blocked drainage etc), is there anything we can do to stop it affecting us?  The internal wall is structural so I'm not really sure how a builder would approach the problem without access from the neighbour's side too.  We're planning on selling within the next 2 - 3 years but in its present state it's hard to see how someone would take it on, at least without a big price drop.  Any suggestions very welcome! 
    • defaulted debts vanish from your file regardless to payment on the registered defaulted dates 6th birthday   NON defaulted debts will sit on your file for 6yrs yrs from last payment - i e the debt becomes statute barred,-  but that does not automatically guarantee they will be removed.
    • Yes if defaulted but my non defaulted ones sit there
    • but thats how long it will show from settlement payment on your file if you make one or  if you leave as is..same result but far cheaper....   dx  
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      I was in Sainsbury’s today and did scan and shop.
      I arrived in after a busy day at work and immediately got distracted by the clothes.
       
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      I paid and was about to get into my car when the security guard stopped me and asked me to come back in.
       
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      • 16 replies
threadbare

Credit card defaulted, terminated ... but just received a monthly statement????

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Hi all ...

 

Wondered if I could pick your wonderful brains on this ....

 

I have a credit card, to which the CCA received does not contain any prescribed terms.

 

Which has been raised as a complaint with the creditor ... who has never replied to my letter.

 

Then a default notice arrived .. which was defective due to full amount requested, not enough time to remedy, and other bits were wrong .... I just placed in my file .. said nothing ... and waited...

 

In the meantime chasing letters arrived from the OC internal debt collection dept, to whom I responded with the bemused letter ... as stil no reply to the queries raised regarding the absent prescribed terms in my agreement recieved.

 

THEN .. ignoring my letters stating the account was in dispute, their internal debt collection team sent me a letter telling me that the account had been terminated with immediate effect (being the date of their letter) ... and that the full amount was demanded etc ... will proceed to court .. etc .. etc..

 

I then sent the creditor a letter confirming I had accepted their unlawful repudiation of the account ...

 

Today I have received a statement ... you know the normal ones you get with your CC, which shows what you limit is, what you balance is , minimum monthly payment required for the month, and the date payment should be made by ......

 

So ... I have been advised the account is terminated, but have just recd a statement for an apparent live account .... I'm confused.com !!!!!! :confused:

 

Also no response yet to my acceptance of unlawful repudiation .... are they trying to pretend that they didn't send the dodgy dn and letter of termination, so they can do it again and get it right ... (by the way I didn't include in my letter exactly WHY the DN was faulty, just that it was)

 

Anyone shed any pearls of wisdom ?

 

TB

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Sounds like you are up to speed with this. Let them squirm. There's no need to do anything more at this stage.

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I suspect they're just automated letters (new balance etc) You've done the right thing by writing to them accepting the unlawful repudiation.

 

Eventually (if you're intent on not paying anything further) it will come down to whether the OC or a dca/solicitor thinks they have a case in court and thus file...you think you have the default right and that it's faulty and you've accepted their termination letter etc...you've done your bit, it's up to them now...but I wouldn't waste time on them.

 

What you could write to them saying is that as no contract between you and them exist that any further communication from them will be take up your time and you'll start charging them...there is a letters by a a cagger somewhere that deal with just that issue....


I reside in Dawlish Warren but am not a rabbit.

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Hey guys .. thanks for the responses ... and advice

 

Take on board what you say Deb T ... good points..

 

The default is definately defective, for one thing the prescribed 14 days remedy period, on the DN I received is actually 14 days from the date of the notice ... so leaving time for service, it was defective on this point alone as soon as it was printed .. plus of course the other bits that were wrong .. inc the full balance being demanded...

 

Hear what you say about the court aspect too ...

 

In addition to the DN, I also have recd a copy agreement, which refers to itself as an application form (but does inc the regulated under the act header), however doesn't contain any prescribed terms whatsoever, save for a note to refer to the terms and conditions (with ref to when they may cancel the card) ...

 

But even if they go along with the ref to the T&Cs saying the agreement makes ref to it, and that although they only state to read in connection with one aspect i.e cancellation, I should have read the whole document which included the prescribed terms, this still won't them out of jail anyway, as the Pres Terms have to be actually embodied within the signed agreement, and can not be found in any other appendum or separate document... so take that m'lord ..!!:p

 

So hopefully I can lodge any court defence on a few angles here ... just wanted to get your thoughts on why they would send a statement for a closed account, but as you guys say probably just still on the automated run and hasn't actually been taken off their listings yet ...

 

Any more news, especially what they say to the dodgy DN letter, I will of course jump on and give you an update .... .!!!!

 

Thanks all....

 

TB :)

Edited by threadbare
typo error

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