Flyboy - Default notice... or NOT !!

[FlyboyAgain]

....

 

Cabot themselves cant enter a default marker, all they are permitted to do is to update the original.. The date of which cannot be changed. HTH

 

That's what I thought. I was served a terror-tactic Stat Demand by a solicitor acting for a big DCA. I sent off the denial and then attempted to DSAR the solicitor, just to see what he had on the account. He sent the cheque back, citing 'legal priviledge'. But get this - he also sent an updated default notice, signed by himself and on behalf of his firm! Surely he is not allowed to do this? I have the Scottish Legal Complaints Commission investigating his overall behaviour but is there any other body I can alert so that he gets his devious little knuckles rapped?

[FlyboyAgain]

I should add that the account was assigned, so the DCA has full ownership of it. I was just amazed at this monkey solicitor trying it on with a completely different default notice than the one I'd had from the bank all those years ago. He has no legal right to construct such a notice, has he?

[citizenB]

In answer to your question - no he doesnt have that right.

 

I will flag your post for site team who may be able to advise further.

[Dougal16T]

In answer to your question - no he doesnt have that right.

 

I will flag your post for site team who may be able to advise further.

Hi

This is a perfectly crystal clear case of attempted Fraud by the Solicitor. I would write to him and inform him that ALL documents have been passed to the Police. Suggest that he reads the Fraud Act and that there is likely to be a substantial claim for Damages filed. You are entitled to the protection of the Law, both Civil AND Criminal.

Best wishes

Dougal

[FlyboyAgain]

Seriously? I'm all for that, for he incorrectly set out the Stat Demand, too! I'd like to upload that document for Site Team use, if that's ok. Just need to be sure I'm correct before anything gets passed to the police.

[FlyboyAgain]

Ok, here is the default notice served by the solicitor:-

 

D1.pdf

 

 

D2.pdf

Edited August 15, 2012 by citizenB

[Old Cogger]

Ok, here is the default notice served by the solicitor:-

 

[ATTACH=CONFIG]37514[/ATTACH][ATTACH=CONFIG]37515[/ATTACH]

 

Default Notice?

[FlyboyAgain]

That's what they sent me.

 

I'm not concerned with the SD, if that's what anyone was expecting. I'm concerned with a sol issuing a default notice.

[Old Cogger]

right original was sheet two only.

[citizenB]

Some instant observations..

 

1 : Default notices are issued under section 87(1) of the Act

 

2: Default notices can only ask for arrears - it would appear the notice above is asking for the total sum outstanding.

 

3: The Notice claims that there has already been a Notice issued along with a termination notice - as the agreement had been terminated, on what contract was the DN being issued ?

 

4: A DN is issued with a time to remedy a breach - if the breach is remedied within the time stated, then it is as if the breach had not taken place. The Solicitor is in no position to restore the contract to its original status if you had remedied.

 

5: Do you have a copy of the terms and conditions and is the clause 3.5 he refers to, correct ?

[FlyboyAgain]

This original default notice for this account was served by the original creditor to me in July 2005; the T&Cs were all over the place, etc,etc.

 

What I have also pulled this sol up for is that in his 2nd para, he mentions that '... interest was charged on unpaid amounts....' How can this be possible, when the account was in dispute and no further charges were applied since the OC issued the default notice? I seriously think this guy is talking out of his ring.

 

Citizen B - I have the T&Cs but haven't yet looked at clause 3.5 but will tonight.

[FlyboyAgain]

Ok, I've dug out the old paperwork pertaining to the account. The sol has lifted a section of the T&Cs that were part of the original agreement. Back then, in 2004-5, with the help of CAB and in agreement with the bank, I had reduced my month payment to the account. The bank then issued the default in July of that year, IIRC, and I kept on paying until I CCAd them in 2008. I haven't the faintest why this sol has included this paragraph.

 

The fool has no idea of the actual status of the account and I think the SD was one of those 'long shot' threats for, despite threatening to take me to court for the outstanding amount, he has vanished from my door-mat.

 

I am keen to teach this guy a lesson. As I've stated, I have a complaint against him being reviewed by the Scottish Legal Complaints Commission and then possibly by the Law Society. However, if he is guilty of fraudulent activity, I'd need good evidence of it before I went to the police. The OFT will not help me on this one, other than acknowledging his (or his DCA's) handling of the SD.

 

All help greatly received. Come on, help me drown a dirty rat!

[FlyboyAgain]

Is that you hiding there, Stephen?

[FlyboyAgain]

right original was sheet two only.

 

The two pages are the 'default notice' the solicitor drafted, signed and sent me!:-)

[citizenB]

So you are in Scotland ?

 

You might be lucky and get some free advice from Govan Law Centre or http://www.gain4u.org.uk/document.aspx?cid=2

[FlyboyAgain]

Govan don't help outside their own catchment area, CitizenB.

[FlyboyAgain]

So, does this look like fraud by false representation, the fact that he's issued a legal financial document that he has no right to issue? Again, because it's Scotland, there may be a different set of rules. I think this new angle I should submit to the SLCC but it would be good to hear from others in they think fraud is defo afoot here.

[citizenB]

Sorry, I didnt realise that Govan Law were restricted to the area they could help within.

 

In answer to your question in post # 17 - you will have to wait for far more knowledgeable people than me, I'm afraid.. this is beyond my understanding.

[FlyboyAgain]

That's ok, CitizenB.

 

I've emailed my case officer at SLCC with this additional info but I know they are weeks away from making a decision on it or passing it to the Law Society.

 

As an aside, no law firms up here - esp the big finanicial ones - will handle any bank/CCA disputes; any approach I've made in the past - even to the law firm I usually use - has resulted with a 'Sorry, can't help' letter or has been totally ignored. All the help and knowledge I've gained to fight these people has come from sites like this.

[FlyboyAgain]

Had a word with the police force and am submitting statement (with evidence) alleging attempted fraud by the sol tomorrow.

[FlyboyAgain]

I am livid. Wrote to the sol today and tried to explain to him why he cannot served a default notice on a bought debt from an account upon which the OC had already served a default notice some years earlier and terminated the agreement. I also asked him to remove any default marker he has attempted to place against this account (if he can, that is) and this is the reply I got tonight from and advance copy of the letter I sent to him via e-mail:-

 

We acknowledge receipt of your email with attachment.

We have no intention on acting upon it.

We have suggested before you take legal advice and once again urge you to do so.

 

 

Can you believe this **EDIT** nerve? So, if I find a mark placed by him (or the DCA) who do I approach about getting it removed? If it the sol himself and he is refusing to act, I will have grounds to sue, will I not?

 

All help gratefully received.

Edited August 22, 2012 by citizenB
Formatting - removed swear word

[citizenB]

Has a default marker actually been placed against your credit files by this guy ?

[FlyboyAgain]

Has a default marker actually been placed against your credit files by this guy ?

 

I cant check right now as Im working abroad. will have to wait a couple of weeks till Im home before I can reactivate the CR file held by Experian.

 

He has a consumer credit license to collect debt, not to make up default notices out of the blue for a debt he doesnt even own! Absolute monkey!!

[FlyboyAgain]

Ok, just having a look at the file. The account is question has a default mark against it placed by 1st Crud. The default date is clearly marked on the file as xx/07/2008; this date is out by some three years and also by day and month dates. Why would 1st Crud do this? I have raised a dispute on this with Equifax.

 

Unfortunately, there is no mark that I can see from the monkey sol in Glasgow. In fact, there is nothing pertinent to the default he issued in May this year! Has he acted fraudulently?

[FlyboyAgain]

Just checked the CF again to find the incorrect default date still there, despite raising an online query with Equifax. Tried to get access to the 'My Questions' folder online only for the page to tell me that my details are incorrect (they're not) or that the account has been disabled. Nice! So, have had to write to them and also 1st Crud to get that default date removed or altered back to its original one. Trading Standards reckon this solicitor has a case to answer and I'm having a meeting with them next week.