Jump to content


  • Tweets

  • Posts

    • sorry but that letter needs to be much much better. you need to express that it was a stilly youthful mistake trying to be the big man and jumping the turnstile to look big infront of your peers. TfL prosecutors are on the email address on their first letter. get the court form sent back to the court , (but copy it first) stating you plead guilty and wish to attend to address the judge in person face to face to show your genuine remorse for your stupid youthful exuberance.      
    • I thought I should send the begging letter to the prosecutor. Does the hearing means the time I need to send back by? If so, it’s June 5  I plan to send the new begging letter as following, can I ask for some suggestions? Dear Investigator/Prosecutor,  Thank you for your reply. I deeply regret my actions and the inconvenience they have caused.  I’m extremely remorseful for my crime. and regret it everyday. I often ask myself ‘’how can I do that thing just because I felt it is interesting. There are a lot of crimes in the world, but feeling it’s interesting is certainly not a reason to crime. I should not crime with any reason.’’ I think about these things every day, and I understand that I can’t blame anyone but myself.  I thanks to the staff who stopped me, as this is a valuable lesson in my life. I told myself that I should never ever repeat such a thing again, and never ever do anything which is possible to be in breach of any law. As a result, I carefully tap my oyster card every time before I enter the station now. I remind myself that I did a wrong thing before, and I should never let it happen again.  Although my monthly travel expenses do not warrant a season ticket, but I just renew my season ticket (please see the attachment). I understand that a crime cannot be truly compensated for, but purchasing a season ticket offers me a small measure of comfort, knowing that my actions caused a loss to the public interest.  I received an email which ask me to negotiate being class teacher in this summer (please see the attachment). I hope that I could teach the lovely students again, which may not be allowed with a criminal record. I would please ask that you would please provide me a single opportunity to settle all outstanding sums owed outside of court without the need for legal proceedings which would have a determinantal impact on my teaching career.  I sincerely apologise again for my crime. If you need anything further from me to help you please let me know.   Yours sincerely,
    • LoL Dx you crack me up. Thanks for the advice. I'll stay positive.
    • Utter Rubbish!! lowell dont write and beg for deals once they start court. as for your attitude, we'll thats nothing new for you.😎 you wont be quizzed, it's not like TV, simply refer to your defence/WS when answering anything the judge may ever ask. well it involves chickens. dx  
    • Thanks fk, I hope I don't have to face the court. Bless you for the reassurance. 
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Lowells chasing almost statute barred cap1 card debt


Craigbadger
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2947 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi, just after a bit of advice here.

 

I have been behind and over my limit for about 12 months but had been making regular payment all be it not enough for my account to be up to date. Today I recieved a letter. It said the following.

 

Overdue amount: £.....

 

 

IMPORTANT YOU SHOULD READ THIS CAREFULLY

 

Notice of Default served under section 87(1) of the consumer credit act 1974

 

Youve broken your agreement ........

 

You must pay the amount overdue shown above. This payment must reach your account within 28 days of this letter.

 

If youve already paid this or have made a payment agreement with - thank you. Please ignore this letter.

 

Then it lists what they will do if I dont do the above ie shut account, chase debt.

 

 

 

 

What I want to know is, I spoke to them monday and paid 70% of the above and agreed to pay the remainder of the arrears by friday. He did mention that a letter had been sent out but told me if I paid this it would be canceled.

 

What I want to know is will they stick to there word?.

Is this an actual default notice as I dont remember recieving a warning?

Should I ring up and pay it today and argue that I didnt recieve the letter till friday or something because of the snow(foot deep here today).

When he says canceled does that mean its already been put on my file and they will just change to satisfied or will it actually be removed or not even be added?.

Will they have recordings of the call where he promised it would be removed on payment of the arrears and could I request that if need be?.

 

 

 

Sorry to waffle, I know I have been a bit slack with payments but have my reasons and despite my current position, being 29 I could do without any nasty marks on my credit file and the letter seems a bit confusing, maybe deliberate to get me to pay I dont know?

Thanks for your time, any advice would be much apprecieted. :)

Edited by Craigbadger
Link to post
Share on other sites

  • Replies 89
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

I'm not entirely sure exactly what you're asking or what you're worried about, so I'll try to answer each bit separately.

 

Hi, just after a bit of advice here.

Basically I have been behind and over my limit for about 12 months but had been making regular payment all be it not enough for my account to be up to date. Today I recieved a letter. It said the following.

 

Overdue amount: £.....

 

 

IMPORTANT YOU SHOULD READ THIS CAREFULLY

 

Notice of Default served under section 87(1) of the consumer credit act 1974

 

Youve broken your agreement ........

 

You must pay the amount overdue shown above. This payment must reach your account within 28 days of this letter.

 

If youve already paid this or have made a payment agreement with - thank you. Please ignore this letter.

 

Then it lists what they will do if I dont do the above ie shut account, chase debt.

 

This is a default notice. I'm no expert on default notices, but aren't they supposed to give you 28 days from when you received it? Just in case it may be needed at some point, write on the letter the date you received it and keep the envelope it came in. Staple them together, firmly!

 

 

What I want to know is, I spoke to them monday and paid 70% of the above and agreed to pay the remainder of the arrears by friday. He did mention that a letter had been sent out but told me if I paid this it would be canceled.

 

Obviously the default notice is the letter you mentioned. If you are able to without leaving yourself short for priorities such as food, then stick to what you agreed.

What I want to know is will they stick to there word?.

If you pay by Friday, that's well within the time allowed by their default notice so you've put the account back in order and it will be as if the notice was never issued.

Is this an actual default notice as I dont remember recieving a warning?

 

No warning is required.

Should I ring up and pay it today and argue that I didnt recieve the letter till friday or something because of the snow(foot deep here today).

 

Just stick to what you agreed if you can, or if you can't try to pay within the time they've given you. If you can't do that either, then ask for more help.

When he says canceled does that mean its already been put on my file and they will just change to satisfied or will it actually be removed or not even be added?.

 

As I said above, so long as you put the account back in order within the time given, it's as if the notice was never issued. I think you may be confusing a default notice under the CCA with a default on your credit file. They are extremely unlikely to have put a default on your credit file already since technically you are not yet in default since you still have time to put things right. If you're worried about that you could check your credit file (but leave it 4-6 weeks since it can take that long to show up) and if they have put a default marker on you could challenge it.

Will they have recordings of the call where he promised it would be removed on payment of the arrears and could I request that if need be?.

 

You shouldn't need it. From now on it might be wise to take account of the standard advice on the forum and only speak to people on the phone about something that could later be disputed if you have the means to record it yourself.

 

 

 

Sorry to waffle, I know I have been a bit slack with payments but have my reasons and despite my current position, being 29 I could do without any nasty marks on my credit file and the letter seems a bit confusing, maybe deliberate to get me to pay I dont know?

Thanks for your time, any advice would be much apprecieted. :)

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

Link to post
Share on other sites

Since it's rather unusual on this forum to find a creditor sticking to their word, would you mind naming them?

 

I'm sure they won't mind getting some positive feedback for a change!

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

Link to post
Share on other sites

Hi,

 

If you have been over your limit and behind for the last 12 months, I expect this will be reflected on the CRA's anyway.

 

Don't let them bully you into paying if you cannot afford it, ensure that your priority debts are paid first.

 

But if you have satisfied the default notice, then they shouldn't register it, but don't bank on it or rely on ANYTHING they say!

 

It is really best to avoid talking to them on the phone if you can.

Link to post
Share on other sites

the notice is defective anyway

the payby date must specify an actual calendar date NOT XX days from the date of this letter or any other date they may pick out the woodworm.

 

Cap1 send out a variety of these letters, none of which ARE an actual default notice [it must use those exact words] they are just letters telling you that you have a 'default' in the way you have [not yet] paid them.

 

there is a very good thread on defective default notices, use the search in the blue bar above.

 

dx

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... 

Link to post
Share on other sites

That effort at a Default Notice is pitiful since it doesn't comply with the regulations set by the CCA.

 

Have a look here for full explanation

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-1911404.html

 

There are also regs about specific prominence being given to some words

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-2659619.html

Link to post
Share on other sites

  • 1 month later...

Just wondered, I sent a request almost 2 weeks ago. I'd of thought they'd of come up with a copy of this pretty quickly. Ah well no news is good news(as they say).

Its a funny one though, i'm sure I applied online but think there may of been some paperwork to sign etc aswell. Ah well we'll see, or not. Infact my old dear throws nothing so i'll have a wade through see if I can find anything.

Was May 2005 btw

 

:confused:

Link to post
Share on other sites

  • 2 weeks later...

Hi, recieved this today, posted up on MSE and he thinks its enforceable because it references to the t&c however there is no actual scan of the reverse sheet(which ive seen others recieve) just 5 pages of t&c (which look generic).

 

Ive seen a fair few of these on here which people say are unenforcable so just wondered what you think of this?, and has anyone had any experience with being taken to court on the strength of 1 of these?.

 

In simple i'm screwed, arrears are over a months wages and 3 months late, balance is well into 5 figures, apr is 36 and ive got no chance of paying it off or even clearing the arrears so if they are likely to take me to court i'd rather know.

 

Just after your views(preferably with experience) on where I should go, ive nothing to lose so open to ideas, gonna default shortly i'm sure :D

 

http://i1017.photobucket.com/albums/af299/badgercraig/caponeccaedited.jpg

Edited by Craigbadger
Link to post
Share on other sites

It's not enforceable because it doesn't contain all the prescribed terms. It may refer to T&Cs but there is no link to them nor are the prescribed terms within the 4 corners of the signed agreement. Send them this;

 

Dear Sirs,

 

Account no xxxxxxxxxxxxxx

 

 

Re: my request under the Consumer Credit Act 1974

 

This account is in Dispute .

 

On xx/xx/2009 I wrote to xxxxxxxxx requesting that xxxxxxx supply me a true copy of the executed credit agreement for this account.

In response to this request I was supplied a document which did not comply with the requirements of the Consumer Credit Act 1974.

 

The document sent purporting to be a credit agreement does not contain any of the prescribed terms as required by section 60(1) Consumer Credit Act 1974. The Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) made under the authority of the “1974 Act” sets out what the prescribed terms are, I refer you to Schedule 6 Column 2 of SI 1983/1553 for the definition of what is required. Suffice to say none of the terms are present in the document

 

Since this document does not contain the required prescribed terms it is rendered unenforceable by s127 (3) consumer Credit Act 1974, which states

 

127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

 

This situation is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the Consumer Credit Act 1974 the agreement cannot be enforced.

 

In addition should you continue to pursue me for this debt you will be in breach of the OFT guidelines, I draw your attention to the Office of Fair Trading’s guidance on debt collection

The OFT guidance which was issued July 2003 (updated December 2006) relating to debt collections and what the OFT considers unfair, I refer to page 5 of the guidance which states;

 

2.6 Examples of unfair practices are as follows:

 

h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment.

 

I require you to produce a compliant copy of my credit agreement to confirm I am liable to you or any organisation, which you represent for this alleged debt, if you cannot do so I require written clarification that this is the case. Should you ignore this request I will report you to the Office of Fair Trading to consider your suitability to hold a credit licence in addition to a complaint to Trading Standards, as you will be in breach of the Administration of Justice Act 1970 section 40

 

Since the agreement is unenforceable and the default notice is non compliant, it would be in everyone’s interest to consider the matter closed and for your client to write the debt off. I suggest you give serious consideration to this as any attempt of litigation will be vigorously defended and I will counter claim for all quantifiable damages

 

I respectfully request a response to this letter in 14 days

 

 

I trust this out lines the situation

Print name do not sign

  • Haha 1
Link to post
Share on other sites

  • 2 weeks later...

Right I sent that letter last week and theyve not called since friday which considering they were calling both phones 4+ times a day is pretty refreshing. Maybe theyve realised its a waste of time.

 

Is it time to worry or this just the calm before the storm?

Now about 11 weeks without any payment so surely the defaults gotta come soon.

Link to post
Share on other sites

I'd spend my time lodging formal complaints to the relevant bodies about their harassment via the phone.

 

Ofcom

 

Telecommunications Act 1984 (c. 12) - Statute Law Database

 

Protection from Harassment Act 1997 (c. 40)

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites

  • 2 weeks later...

13 weeks no payment, £1200 arrears but no default notice. They sent me one in Jan for £412 which was removed as it was paid within 14 days and nothing was ever added to my credit history.

I have put the account into dispute on grounds of dodgy cca and they never responded.

Is this normal or is there a chance theyve messed something up or actually respecting my dispute?. Nothing on my record and they updated it 6 weeks ago showing 2 months arrears.

I guess its a matter of waiting(which is the bad bit).

 

Be curious to get opinions though considering the first notice came after 1 missed payment and being over limit a bit for a few months.

Link to post
Share on other sites

Sounds like you rememdied the first default, so why did you decide to CCA?

 

Some companies will respond to a CCA and some won't... but they normally do at some point, especially if it's the original creditor. How long ago did you CCA?.... 13 weeks?

Link to post
Share on other sites

Hi thanks for looking.

I did not even know I could query the cca till I found this site after recieving and paying the first default, I had to borrow of my parents to desperately clear the debt.

I CCA'd them because I realised that despite paying 3.5k in the previous 12 months and not using the card, the balance had dropped less than £100, agreement had gone from 6% to 35.9 on a large balance, they were totally unsympathetic to my change in circumstances(broken ankle late last year, i'm self employed so no pay other than the small amount of benefits), I sold everything I owned to keep up payments and maxed out everything. I thought this was grounds for having a look at my agreement + the fact I genuinely cannot afford to pay it anymore and was considering bankruptcy due to the dire state of my finances, I had little to lose. I'd never clear this debt in 6 years or even 60 so figured i'll take the default rather than the bankruptcy.

 

They responded to my CCA request with a Signature page with no terms and a generic t&c within the 12 days so I wrote back with a letter which cerberusalert posted up, this was about a month ago at a guess.

 

I guess its just the lack of contact from them thats confusing me.

 

Interestingly I checked with Equifax and they are showing 3 payments in arrears dated 2 weeks before the Experian mark showing 2.

 

They seem like a well oiled ship:rolleyes:

 

:)

Link to post
Share on other sites

That's a horrendous leap in interest!

 

Sounds like they may have decided to penalise you for defaulting even though you cleared it at the time.

 

Wait and see what they come back with but don't get into any conversations over the 'phone.

 

:)

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...