Claimform/ Link/GE capital/woodchester

[elrib]

So if the debt has beed sold to a DCA with a faulty DN, Do I write to them now and tell them that they now can not enforce the agreement and may only be entiled to the arrears at the time the default was issused, or is it best to keep it until it gets into Court.

E.

[BRIGADIER2JCS]

,That is for your judgement, however

positive anyone may be now as to the relevance

of the DN, it may not stand up in trial so IMHO

test the validity now.

[Bazooka Boo]

There is another thread on here somewhere, where the OP has or is, successfully arguing that once a debt has been sold on the back of a faulty DN, then with the account being unlawfully rescinded that the new owner can not then claim the full amount, just the arrears on the account.....but where it is, I have no idea!

[BRIGADIER2JCS]

There is I remember reading it recently, but have slept since then.

[elrib]

I have read it too, but had lots of wine since then, Anyway if anyone knows where it can be found would be very thankfull.

[xboxer]

Slightly different scenario, the OC issued 4 defaults, every one was wrong.

 

They then terminated and got CCJ & Charging Order for the outstanding balance..

 

This was paid in full when my house was sold in 2006..

 

After SARing the OC a couple of months ago I have been made aware of a dodgy default..

 

So since they have terminated and enforced on a dodgy DN and got paid the outstanding balance, can/should I challenge that it should of only been the arrears they were entitled to?.

 

The OC is Blackhorse BTW.

[Bazooka Boo]

The time to have done that was when they issued court papers and you should have entered a defence then. I doubt you will get any joy out of them now unfortunately, they got their money their happy.

[MW2]

Anybody find the above mentioned case concerning faulty DN?

[the_shadow]

Just a word of warning... I've not seen the case mentioned above but it should be noted that general consensus on default notice cases I've read and been told about are of the opinion that termination on the back of a faulty default notice is not possible hence the contract endures... until proper a valid default notice.

 

S.

[MW2]

So are you saying that even though the debt has been sold on they could still reissue another DN?

How is that possible when they have sold it on and they don't own the debt anymore?

[BRIGADIER2JCS]

A default can the be rectified by the new owner

and the original correct dates applied

so there is still onl one default as required.

[Bazooka Boo]

Yes but the dates of the original default MUST remain the same, ONLY the name of the muppet chasing can change..

[ltc1607]

Hi so an account can be sold before the expiry of a DN and if it is faulty it can be rectified months down the line.

[BRIGADIER2JCS]

There is a duty under the DPA to

ensure the data displayed is accurate

the default date CANNOT be changed

from the true date if an error has occurred

it can be corrected.

[ltc1607]

so it can be sold before expiry

[BRIGADIER2JCS]

A debt can be sold at any time

defaulted or not, it's similar

in some cases as factoring invoices.

[ltc1607]

Thanks for the info I have a dn asking for the full balance on a credit card debt using one of their terms and conditions to do this never had one for the arrears is this allowed?

[BRIGADIER2JCS]

Most credit agreements allow for the

creditor to ''call in'' the whole outstanding

balance ih breaches are made of the Ts and Cs.

[ltc1607]

Hi so having a DN asking for the full balance sold before expiry would not be a valid case,thats not good news for lots of us on here who are in the same situation with the same company.

[BRIGADIER2JCS]

Everyone needs to check the Ts & Cs of their agreements,

not having seen them I can only guess this is is the case, but

as said the owner of a debt can sell or assign it at any time.

 

Brig.

[alangee]

Terms & Conditions do not override CCA1974.

 

Alan

[BRIGADIER2JCS]

IMHO it has nothing to do with CCA 1974

the terms and condition of agreement

can and in most case does state that in

the case of breaches of the terms or default

they can immediately require full payment,

the same applies to overdrafts.

This has nothing to do any legislation or regulation!!

[Bazooka Boo]

I see what you mean itc1607...

 

So they issued you with a DN with a date to rectify the account, but sold it before you had a chance to rectify?

 

You would have to prove that their actions meant you were unable to rectify the account therefore leaving you at a disadvantage, therefore, if they had honoured the DN and you were given the full time they stated would you have been able to rectify the account?

 

If the answer is no, then you won't have been disadvantaged.

 

If you could have rectified the account, but were unable to then it might be seen that you were disadvantaged, therefore, all they will then do, is to reissue a new DN allowing you the relevant time in which to rectify.

[ltc1607]

How can they issue a new DN if the account has been sold surely they just cant alter the dates to suit themselves.

[BRIGADIER2JCS]

As said before the new owner of a debt can

up date the default entry butCANNOT CHANGE THE ORIGINAL

DEFAULT DATE. ALSO 1 DEBT ONE DEFAULT>