Invalid Default Notice Issued?

[DebtDissolver]

Hi all! I've been fervently reading Pinky69's thread and am amazed at the helpfullness and knowledge of the posters on there! I'm only on page 37 but need some specific help and advice asap if possible please?

 

I got my 1st credit card back in 07. My issue sadly is their conduct 12 months ago, when they erronously processed a payment I tried to make to them (to pay my minimum payment) 3 times. The funds were put on hold from my current account but were not called for by the cc co. This meant no payment was made and I received late payment charges. The amount that was placed on hold with my current account was literally just a few pence more than what I had in there, and it was needed for food shopping and paying another cc bill. Thanks to cc1 I couldn't pay cc2 on time. Then cc2 managed to stuff up and I have seperate, yet similar, issues there.

 

I contested the charges with cc1 who only refunded a small part of them. I couldn't afford the higher repayments they started requesting and I continued to dispute the amount I owed. After 3 months, cc1 defaulted me. Which of course I believe they should not have done because the amount owed was in dispute. I have parts of the banking code and the consumer credit act which I have quoted to them in numerous letters, all of which are ignored, or replied with about how their £12 charges are classed as 'fair' - which is not my argument!!

 

I've read all about rescinded accounts but am unsure as to whether or not this would apply to my situation, as the reason why I believe the DN should not have been issued is not necessarily a legal one?

 

I really don't know what to do, please can someone help me? Many thanks!

[Dotty50]

Hi Debt Dissolver,

 

Who are the CC's with?

 

Are you able to post up the DN on here for us to see? Make sure you remove any personal bits and cover barcodes etc.

[Gallahad]

Use photobucket to upload a copy of the default notice ensuring you have obliterated any identifying info. We can then establish whether it meets the regulatory requirements. This would make a good starting point.

G

[DebtDissolver]

Hi Dotty!

 

Thanks so much for taking the time to look at this! cc1 is Lloyds MasterCard, cc2 is Capital One.

 

Will post DN asap

[Halibutt]

Quick advice - don't use Photobucket, Flickr or similar when posting scans of your documents:

 

POSTING SCANS/PHOTOS OF DOCUMENTS

 

In many threads, people advise posting scans/photos onto Photobucket. Don't. It's not secure and your other photos/identifying factors could be revealed to anyone who knows how to do it. For example, there's the "fusker" program. Read about it here: Fusker - Wikipedia, the free encyclopedia

 

I would suggest an alternative: use sites like imagebam.com, imagevenue.com etc.

 

The reason being that they do not require registration, user names, or any other personally identifying information in the same way that sites like Photobucket and Flickr do.

 

You post almost anonymously, although your IP address is logged (as with any mainstream site, Photobucket included). A site is not required to reveal your IP address unless legally ordered to do so. With Photobucket, Flickr, Webshots, etc. a DCA could simply look up your username, match it with other results in internet searches and use certain computer programs to have a look at all of the photos you've posted.

 

Sounds paranoid? Well, what if you've posted a picture on your Photobucket account of you standing outside your house, proudly holding your new baby, but your brand new car reg. is clearly visible, along with your house number, etc.? You suddenly get a call from the DCA asking how you could afford a new car and that you should now "up" your monthly payments. Starts getting a bit more worrying, doesn't it?

REMOVING PERSONAL INFO FROM SCANS/PHOTOS

 

I've seen many examples in threads where people have used felt pen or biro to scribble over personal details. Don't do it. The information can easily be retrieved using Photoshop or similar.

 

Instead, use your photo editing software - even MS Paint will do the job.

 

In "Paint" simply open your document, use the "crop" tool to crop out any personal info. Drag the cursor around the bit you'd like to delete - it'll look like a rectangle with dotted lines. Hit the "delete" button on your keyboard. The pixel info is then removed from your image and can't be retrieved if someone tries viewing or downloading it - save your edited image under a different name and use the "properties" (right-click) function to remove personal details - this should prevent any info collection via EXIF data.

 

Here's an example:

 

[DebtDissolver]

Thanks Gallahd for info. Am not so good with computers as I used to be, but it's finally here! Page 1 at least, will follow up with page 2 asap! I hope it works!

 

http://i266.photobucket.com/albums/ii263/bethsweddingstationery/140720102309.jpg

[DebtDissolver]

Thanks Halibutt, just missed your advice! Did use photobucket and edited with MS Paint. Will try to do others on imagebam.com or imagevenue.com or similar. Thank you!

[DebtDissolver]

http://i266.photobucket.com/albums/ii263/bethsweddingstationery/140720102310.jpg

 

page 2. have deleted all pics from that album, only had old ebay photos on there anyway. am confused when trying to use new sites!

 

also have copies of C1 default notice if anyone wants to look!

[Halibutt]

You're welcome DebtDissolver.

As a rule of thumb, if people here are to be able to give the best advice, it's never a bad thing to scan and post all documents pertinent to your situation.

 

You never know, one of the clever sods here might spot something that makes the debt unenforceable.

[lexis200]

Whilst in theory it's possible that they could do as has been said, I think it's unbelievably unlikely that any bank/dca is going to spend time and resources trawling random pages on photobucket or similar to catch people out. As long as you remove all personal and identifying marks - and in this I include barcodes - you should be ok. As an added precaution though if you are worried, open an account solely for posting up bank stuff, then you're not posting anything other than docs.

 

I have bank stuff and silly things I'm posting on here on photobucket, and under a different user name I use a Flickr account (only visible to family and friends) for personal things. This isn't due to any sort of paranoia though, I just find Flickr easier to use for multiple photos!

 

With the defaults, unfortunately Lloyds seem to always give plenty of time to remedy as they have with you. They do sometimes get hasty with sending in [problem] though who may demand the full balance before the remedy date, so if you've had that letter through make sure you double check it! It does appear ok to me - there may be some issues with underlining/bold highlighting, but tbh unless it's a biggie like not enough time to remedy or arrears well out etc I doubt you'd get too far:(

 

Stick up the Cap1 one as well so we can have a look-see. With them they tend to follow the 'pay us within 28 days of the date of the letter' instead of stating a date. This is not what they are required to put so technically should be game over for them, but again as they tend to give well over 14 days however you look at it, I think you'd be lucky to get anywhere with it if that's the only issue.

 

Have you complained to the FOS about whichever bank it was that originally cocked up? They take forever but it's possible they will back you up and get onto the bank. Also worth complaining to the OFT as it's in their guidelines on debt collection that the banks should not place defaults etc on a genuinely disputed account. It may well be worth getting a SAR out to the bank so that you can check whether any of this was noted on the account (long shot but it may help you if they kept notes as they should when you phoned them)

[DebtDissolver]

Hi Lexis, thanks for your input!

 

Was pretty sure that both DNs are only questionable on the fact that they shouldn't have been issued as the amounts were in dispute. Cap1 one will follow shortly and pretty sure they did the whole '28 days' thing. I've padi Cap 1 off anyway, and not far off paying the cc if I continue to pay after I have cleared the arrears.

 

Will dig around for termination notices and/or demands for full payment. I'm not so bothered about whether or not I owe the amounts, but I am very bothered about the defaults on my credit report as I'm stuck with them for 6 years and feel I received them unfairly.

 

Am giving Lloyds a little more time to sort themselves out before I approach the FOS but have everything ready now should I need to.

 

I am very annoyed about the collection of the debts also and will be looking into these complaints - I even wrote to DCAs to inform them that the amounts were disputed. Their reply, via telephone (was so naive back then!) that unless I could prove with court papers or FOS papers that I had started a dispute that way, I did not have a leg to stand on! This was 1st Cred1t by the way..!!!

 

I may send SARs out to all 3 of my credit card companies and my previous bank (Lloyds) now as I can feel a huge complaint coming on! lol

[DebtDissolver]

http://i266.photobucket.com/albums/ii263/bethsweddingstationery/140720102311.jpg page 1 c1

 

http://i266.photobucket.com/albums/ii263/bethsweddingstationery/140720102312.jpg page 2 c1

[lexis200]

Hi Lexis, thanks for your input!No probs, I'm just sorry it was so depressing! They just happen to be two of the banks who are ok(ish) in the default area - if it had been BOS/Co-op/Goldfish/any number of others I'd have laid odds on it being utterly rubbish.

 

Was pretty sure that both DNs are only questionable on the fact that they shouldn't have been issued as the amounts were in dispute. Cap1 one will follow shortly and pretty sure they did the whole '28 days' thing. I've padi Cap 1 off anyway, and not far off paying the cc if I continue to pay after I have cleared the arrears.

 

Will dig around for termination notices and/or demands for full payment. I'm not so bothered about whether or not I owe the amounts, but I am very bothered about the defaults on my credit report as I'm stuck with them for 6 years and feel I received them unfairly.

 

Am giving Lloyds a little more time to sort themselves out before I approach the FOS but have everything ready now should I need to.

 

I am very annoyed about the collection of the debts also and will be looking into these complaints - I even wrote to DCAs to inform them that the amounts were disputed. Their reply, via telephone (was so naive back then!) that unless I could prove with court papers or FOS papers that I had started a dispute that way, I did not have a leg to stand on! This was 1st Cred1t by the way..!!!

 

I may send SARs out to all 3 of my credit card companies and my previous bank (Lloyds) now as I can feel a huge complaint coming on! lol

 

That is absolutely understandable, and from what you've written I'd say morally you are dead right. Whilst you're arguing the toss with the banks, perhaps you could contact the CRA's and get a notice of correction put on so that it's not just showing as a default that you are accepting as correct? Just a couple of sentences should do it explaining the account was/is in dispute due to their incompetence and that as such the defaults should not have been placed.

 

I know it's not a fix, but it at least would get your point across for the time being until (possibly) you can get them to remove the markers.

[Halibutt]

Just a quickie - DCAs have checked Photobucket and similar accounts before. Other CAGgers have also posted concerns. My advice is simply to be on the safe side.

[DebtDissolver]

Thanks for the suggestion, Lexis. Am already onto Experian for repeating linked addresses on my report for up to 4 times on at least 10 addresses. Their first letter basically called me a blind liar, so have written again telling them clearly that there are incorrect address details on the report (ie addresses I was NEVER financially linked to) and that there ARE repeats on the report, the kind that occurred on the same day, from the same company, with the same addresses! I don;t hold out much hope that the CRAs will willingly comply but as Pinky69 pointed out, all avenues must first be exhausted before bringing it to court. Wish it didn't take so long!

 

So, if it is against the Banking Code to issue the defaults when the account was genuinely in dispute, will the ICO be the authority to approach and complain to?

[lexis200]

Just a quickie - DCAs have checked Photobucket and similar accounts before. Other CAGgers have also posted concerns. My advice is simply to be on the safe side.

 

Hi, sorry, I wasn't having a pop at you or anything, it's just that there can be a tendency to over-egg what DCA's/Banks will do, and although there may be a few stories knocking about regarding what they get up to, I'd wager that any genuine attempts to find out id's from this haphazard approach is a minute proportion of the members on here.

 

That said, if it happens to one person it's too much, you are right in taking care, and if all it takes is signing up to a different photo host in order to feel more secure then it's not exactly an issue I'd be getting into a debate about:)

 

DD, I have to be honest and say I've not read the Banking code for quite a while and the pdf won't open for me, so I can't comment on it being in there. I don't think it's the ICO you want to be complaining to, it's going to be the FOS, OFT and/or Trading standards. Don't count on a rush job from them though - I've not had personal experience of TS, but I've had a complaint in with the FOS since January that has only had an acknowledgement so far, and the OFT took several months to reply to me with what turned out to be a template letter! It is worth having a pop at them though as your case is different to the usual cca/default stuff and I would hope would be well considered by any of the above bodies.

 

Have you mentioned about experian using incorrect info on Pinky's thread? I'm sure you'll get a load of advice/template letters to help you get them moving on at least correcting that part of it!!

[DebtDissolver]

Thank Lexis, question posted on there. I keep forgetting to ask, as I am still trawling through the thread, how did Pinky get on with her cases? I was so impressed with her knowledge and confidence!

 

Well I'm off for a scan of my baby, as he's rather big for the dates, but will be back this afternoon and writing letters to the FOS, OFT and TS, just in case. I am so fed up with these issues which could so easily be corrected by 2 or 3 people with even just 1 brain cell each! lol

[lexis200]

Congratulations!! Are you due soon?

 

Pinky is still going with her cases - i believe they're coming to a head court-wise fairly soon, but as her thread has been so royally hijacked by all of us it's a bit tricky to tell now;) Lucky for us she doesn't seem to mind and still posts up progress reports as and when they happen.

 

Lexis:)

 

ps - good luck on finding the one with a brain cell working in a bank - I've been trying to do that for over 2 years now:rolleyes:

[Guest Jason King]

From my experience challenging Default Notices in a county court is pretty useless, the judge has always sided with the lender.

 

I had one where the letter date didn't correspond with the time limit given to remedy the default (just 5 days), incorrect address (it went to my neighbour 2 doors up), it wasn't set out correctly as suggested on here, etc etc

 

The judge completely ignored those facts and said he was satisfied to proceed with the action.

[Halibutt]

Hi, sorry, I wasn't having a pop at you or anything, it's just that there can be a tendency to over-egg what DCA's/Banks will do, and although there may be a few stories knocking about regarding what they get up to, I'd wager that any genuine attempts to find out id's from this haphazard approach is a minute proportion of the members on here.

 

No probs Lexis. I included this info plus more in another thread. A few people gave examples of how easy it is to see other info on PB, Webshots, etc. My point really was that if one can avoid giving any unnecessary info out, then err on the safe side

 

Cheers H.

[lexis200]

From my experience challenging Default Notices in a county court is pretty useless, the judge has always sided with the lender.

 

I had one where the letter date didn't correspond with the time limit given to remedy the default (just 5 days), incorrect address (it went to my neighbour 2 doors up), it wasn't set out correctly as suggested on here, etc etc

 

The judge completely ignored those facts and said he was satisfied to proceed with the action.

 

If he was that blatant about ignoring the legal requirements as set out in the 1983 regs I hope you managed to get him to set all that down in his findings so that you could appeal and then complain about his complete lack of knowledge or regard for the law!!

 

It's one thing to say it's ok even though there isn't an actual date on the notice simply because it gives more time than is required, it's another to say it's ok when it doesn't leave anywhere near enough remedy time and was sent to the wrong person! Your judge clearly has absolutely no knowledge of default issues and should not be involved in cases where he has not read up on the case in hand.

[DebtDissolver]

Thanks Lexis, am due in 7 weeks but by the looks of it I could be having him in 5 weeks!

 

Am keeping an eye on Pinky's thread and hope to catch some progress soon!

 

As for the brain cells, I think the last ones may have died! Have been keeping an eye on another forum recently and someone in similar circumstances to me had their PPI claim rejected this week when mine was dealt with immediately and refund offered same week my letter arrived (last week)!!

 

I'll be posting up on Pinky's thread again later, as my friend has just received a 'default notice' from Money Shop - it is SO invalid I laughed out loud, it's a total joke IMO! But need some help as to where to go with it, because the arrears are the same as the debt (she'd have had to pay the balance off in one go under the original agreement).

 

So see you soon!