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    • Post hidden as FOS Complaint showed your name.   Redact, check through and repost if you want it back up.
    • Will do   dont understand  “f there's little or nothing to do with the debt or CCJ, that in itself is important.” Narrative mentioned 6 x payments of £100  for payment plan but not £2.5k. many thanks in advance
    • bet it doesn't say WILL anything a dca has ZERO legal powers to take anyone to court esp if they don't OWN the debt i'e they state our client is XXXXX   only the owner of a debt can do court.   and as a dca is NOT a bailiff etc etc let them huff n puff.
    • read the letter in post 23 here  Payplan - Cover My Life & Cover My Payments - Debt Management Plan Companies - Consumer Action Group it explains how the 3/6yrs works straight from the ombudsman's mouth.    
    • Hi, Everyone was so helpful with my last issue I am hoping for a bit more advice.   About three years ago I had a regular window cleaner company but they starting playing around. Firstly by randomly turning up to do the windows earlier than expected then one time they opted to come round and climb over my fence to do the back windows whilst I was out.  Then the fun started as they claimed to have cleaned the windows on two separate occasions but it was apparent they hadn't (the birds mess on the kitchen window was the clue) and they tried to bill me for the clean.   After two occasions of not cleaning the windows I stopped the direct debit system they used (go cardless) as I refused to pay for something they hadn't done. Queue the various demands for payment which I ignored. They sent letters in the post asking for £60 and a year ago said if I didn't pay they'd send me to the debt collection agency.    Today, I get a letter from elite debt collection in Sunderland asking for £72 for the window cleaning company as they are now acting for them with the popular if I don't pay in 7 days it's off to court threat.   Firstly,  as there was no signed agreement in place with the window cleaner firm can the debt collector add a fee to the alleged debt? Secondly, can they just rush off to money claim and take me to small claims without a letter before action?   I'm quite happy to defend if they did as they didn't clean my windows no matter what random invoice they may have on their systems.   Thank you  
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
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    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

Lowells chasing almost statute barred cap1 card debt


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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. :)

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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.

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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.

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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.

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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... 

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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

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  • 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:

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  • 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

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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

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  • 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.

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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!

 

 

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  • 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.

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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?

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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:

 

:)

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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.

 

:)

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