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Tessy1

Unsigned credit agreement, simplybe

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I need urgent advice please and will appreciate all your comments.

 

I ordered from simplybe around late sep 2008 and paid off the debt in nov 2012.

 

After paying this debt , i realised they have charged me a hoop of interest and placed a default on my credit file

without issuing a default notice.

 

I have been corresponding with simplybe since around April 2013 requesting for all interests

levied on my account and to removed the default on my file.

I requested cca from them and they came back with unsigned cca.

 

Their last letter i received today states that they have accepted that there was no signed agreement.

They said even if there was no signed agreement, they could have applied for enforceability order from court

if the debt had not been paid off and since the debt had been paid off, they will not be doing anything about this.

 

Also they said they (catalougues) are not require to issue default notices before registering default on credit file.

Are they right about this ?

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pers i'd sar them and get all the statements and comms log etc

 

of that date for the agreement

no you wouldn't of needed to sigh the cca

it would have been poss online or covered by the

'first order serves as you agreeing to the agreement & T&C's etc.

 

now the default.

 

are there numbered markers on your cra file

1,2 etc etc

 

it may well be you became 6mts late with payments

 

when you get that far behind

the cra system automatically marks it '8' defaulted.

 

tell us more

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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yes there were 1,2,4,5,6 payments missed with 3rd month missing. It got defaulted at after the 6th

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so as it looks it migt be what I said

 

they simple reported a series of late/missed payments

 

lets see what the account shows on the statements

 

get that sar off.

 

if the markers are because of their £12 PENALTY fees

then we can get something done about them

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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how do i attach here ? i have a break down of statement compiled on one page they sent to me upon request

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sri tessy

links didn't work.

 

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all monetary figures and dates.

*********************************************************

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

try www.pdfescape.com TO BLANK STUFF,

*************************************************************

or

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or use www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

 

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice dd-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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here is the statement

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pdf it!

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Sorry for the late reply. I have attached it again below

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ok so you've about £100 with int to reclaim

 

do those dates of the admin charges equal [roughly] the dates of the markers

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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The default date was 14th May 2010. Looking at the statement, it shows that the default was register after they have added all their admin charges. Admin charges were added up till 1st April 2010.

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ok well we'll need from the sar

to look in the coms log

to see if they claim to have sent a default notice


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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From all my correspondence with them, they never accepted they sent out default notice as they claimed they were not suppose to send intentions of notice before registering default on credit files. I will try to scan their letters later in the day

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Please view their replies below. Thank You

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they are correct.

 

they have placed markers [late/over etc]

 

they are not required to send a default notice

 

do the 1,2,3 etc

match the months of their £12 fees.

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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yes they all matches.

 

Late Payment marker were place in DEC 2009 (1), JAN 2010 (2), FEB 2010 (4), MAR 2010 (5) and April 2010 (6).

Marker (3) missing.

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ok good

now how over is the balance on each time?

 

if you can prove that at each marker

if they hadn't applied their PENALTY charges

there would have been no debt owed

then they must remove the markers

if they refund the fees

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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It shows that the first Admin Charges was in 12/2009 and also the first marker was placed in 12/2009 and subsequently.

 

Balance before Admin was added .........£122.24

28/11/2009 Interest 3.21 + 122.24 = 125.45

23/12/2009 Admin £12(2) 24 + 125.45 = 149.45

 

23/12/2009 Plus Interest added = 152.74

23/01/2010 Plus Interest added = 156.66

 

23/01/2010 Admin was added £12(2)........£180.66

20/02/2010 Plus Interest added = 184.67

 

20/02/2010 Admin was added £12(2)..........208.67

20/03/2010 Plus Interest added = 213.32

 

20/03/2010 Admin was added £12...........225.32

01/04/2010 Admin was added £12...........237.32

 

After the balance of 237.32. My account was defaulted the following month 14/05/2010.

I paid in total £16.61 through that period between 12/2010 and 12/2011 before i finally cleared the balance of 220.71 in nov 2012

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Pardon me Account was opened in 09/2009 not 2008 in main thread.

Edited by Tessy1

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right so at that point you were already £122.12 owing.

 

if that's correct then no dice sadly.

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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do you mean at the point when the default was registered ?

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at any time

 

you appear to have been £122.12 bal even before they levied charges

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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yes thats correct but i thot there has to be a balance (missed payment) before they can add any charges ?

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they obv can only add a penalty if you missed a payment date yes.

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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they obv can only add a penalty if you missed a payment date yes.

 

dx

so do you think I can't do anything regarding the "intension to give default notice according to the data protection act.

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