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    • Yup, tax credits are know for making mistakes. It took me 5 minutes to find  out they fabricated a phone call and had me earning 5 k more than I actually did
    • On 3 February 2003 I opened a credit card account with Lloyds TSB.   In May 2009 I defaulted and the proverbial hit the fan and the debt was passed to Cabot.   Any PPI was investigated by the Citizen’s Advice Bureau back in 2009 and all was found to be above board.   I have since that time continued to pay £1 every month to Cabot without sending any details of my income mainly because my circumstances never changed.   Recently I have received a letter from Cabot Financial. They’re considering legal action as they require an update about my situation. If they do not hear from me within 38 days my account will be placed with their solicitors whereby they will send me a “Letter Before Action” and subsequently a court claim will be issued against me. It details all the threats of a CCJ and the outcome from obtaining that would bring, including a warrant of control – enforcement agents (bailiffs) will visit me at home for the money or remove goods.   I am unemployed but not claiming benefits. Do not own any property or goods of any substantial value, only a second hand bicycle and this computer bought in 2012.   I’m not too concerned about a CCJ and I’d rather get this done and dusted after all these years of waiting for such a letter from Cabot. The debt today stands at £9500.00   Perhaps the next step should be send a SAR to Lloyds and a CPR 31.14 to Cabot…. And await the claim form.  
    • Ok. That sounds better. How long ago did they offer the 7th
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    • They offered w/c 7 Dec on Tuesday of this week.  I didn't accept it or reject it. I just said it was better than Feb but still not what was agreed.  I said I wanted to speak with their director before I would consider it and she refused.  
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      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
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      • 3 replies
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      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
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      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
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      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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Home/Car Insurance Companies & Default Notices


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I have a question I require help with.

First let me apologise if this is posted in the wrong place, but as it relates to Default Notices as well, I thought it might be a good place to start.

 

If a person has several insurance products with a company all paid for on the same direct debit and the direct debit fails, can the company issue one Default Notice for all the accounts, or should they issue a Default Notice for each account? - Bearing in mind that each account has its own credit agreement?

 

Many thanks.

 

Regards GD

-

PLEASE NOTE - I am not a legal expert, my comments are based on information learnt or

obtained and from my own experiences.

-

Case 1 - C L Finance - Court Case 'Stayed' :-). Stay Lifted - N149 AQ Received & Filed. Case Struck Out :grin:

-

Case 2 - C L Finance - Defence Filed. N150 AQ Received & Filed. Case 'Settled by Consent' :)

-

Case 3 - EOS Solutions - No Agreement - Account Closed ~£3500. :grin:

-

Advice & opinions offered freely but informally, without prejudice & without liability.

Use your own judgment and seek advice from a qualified and insured professional if you have any doubts.

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That was my understanding as well.

So the next question is, if they terminate the agreements following the issue of one Default Notice they have breached the CCA.

i.e.

1 Default Notice Issued

3 Accounts terminated (each with there own credit agreement)

Therefore 2 accounts terminated with no Default Notice = Breach of CCA and leaves them open to a claim for refund of all payments plus interest?

 

Does anyone else agree with this assessment?

 

Regards GD

-

PLEASE NOTE - I am not a legal expert, my comments are based on information learnt or

obtained and from my own experiences.

-

Case 1 - C L Finance - Court Case 'Stayed' :-). Stay Lifted - N149 AQ Received & Filed. Case Struck Out :grin:

-

Case 2 - C L Finance - Defence Filed. N150 AQ Received & Filed. Case 'Settled by Consent' :)

-

Case 3 - EOS Solutions - No Agreement - Account Closed ~£3500. :grin:

-

Advice & opinions offered freely but informally, without prejudice & without liability.

Use your own judgment and seek advice from a qualified and insured professional if you have any doubts.

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Have you actually received any default notice that is stated as being such ? Or a termination notice that relates to the CCA 1974 ?

We could do with some help from you.

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each

however they should not be sending a default notice until 3 missed payments

 

they can mark the file late payment though

if they charge you late fees get them back!!

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

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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each

however they should not be sending a default notice until 3 missed payments

 

they can mark the file late payment though

if they charge you late fees get them back!!

 

It would never get to the stage of 3 missed payments. With Insurances if you miss a payment, Insurers will send a letter advising of the payment issue and give 7 days for the payment to be made, which then if not made, will the lead to cancellation of the policy. As far as I know, they don't issue a default notice or termination notice in relation to the CCA 1974.

 

There is a company out there who provides Insurance in a strange way. They actually sell a loan, which then pays for the Insurances. I cannot remember the name of the company, but if Ghostdebt states the name of the company, it may be the company I am thinking of.

 

Creation Consumer Finance ?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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No it wasn't Creation...

Yes we received 1 x Default Notice, served under Section 87(1) of the CCA 1974 complete with the OFT information sheet.

and 2 x Cancellation Notices, which state:

We still haven't received the outstanding amounts due from you as set out in our previous correspondence.

In view of your default, in accordance with your Consumer Credit/Installment Agreement the process for cancellation of your policy has

now started and cannot be stopped.

Your policy will therefore be cancelled 7 days from the date of this letter... etc.

 

Hope this additional information helps.

 

Regards GD

-

PLEASE NOTE - I am not a legal expert, my comments are based on information learnt or

obtained and from my own experiences.

-

Case 1 - C L Finance - Court Case 'Stayed' :-). Stay Lifted - N149 AQ Received & Filed. Case Struck Out :grin:

-

Case 2 - C L Finance - Defence Filed. N150 AQ Received & Filed. Case 'Settled by Consent' :)

-

Case 3 - EOS Solutions - No Agreement - Account Closed ~£3500. :grin:

-

Advice & opinions offered freely but informally, without prejudice & without liability.

Use your own judgment and seek advice from a qualified and insured professional if you have any doubts.

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Share on other sites

OK it is not Creation, but there is a single financial arrangement to pay various Insurances. If so, then it correct to issue one default notice and then seperate cancellation notices regarding each product. They will issue credit agreements for each product, but they don't have to issue a default notice per agreeement, because there is only one financial arrangement as such.

 

When these companies issue their procedures/documents, it will have gone through a lengthy compliance process.

 

If you think that you have spotted some flaw, then why don't you write to the companies head of compliance asking for an explanation.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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