CCA received - enforceable? First one - help please!

[exchange]

Haha! Seems there are no rules in these circumstances!

[diddydicky]

Haha! Seems there are no rules in these circumstances!

 

what country are you in - i suspect that they may not even be able to use the UK court system anyway

[exchange]

Don't really want to let on, you never know who's looking but I'm in the EU. I know I would be better off outside the EU.

[diddydicky]

well i don't have the answer but im pretty sure that even in the EU they would have to take proceedings in the country and area where you are domiciled!

[exchange]

Just in case, I do know about the European Order for Payment and have a separate thread on this subject.

[exchange]

Letter today stating the same stuff again; complied with CCA 1974 Section 77, etc. They say that as they have complied with this that the account is no longer in dispute and they are resuming normal collections action. They have not actually stated 'this is our final response' but have said if I am not happy I have 6 months to go to the FOS.

[exchange]

Termination.pdf

 

Attached 'FINAL DEMAND' or account termination letter from M&S. This is after sending a defective DN.

I like the telephone us 'WITHIN 48 HOURS' as this is clearly urgent. That's why they use UK MAIL, send it by normal first class post to a foreign country, so it takes two weeks to reach me! (The letter is dated 04/06/2009 and I received it today the 18/06/2009).

So let's see what happens next, DCA or no DCA? Anybody know of a UK DCA chasing a debt outside the UK?

[exchange]

Bumping

[cerberusalert]

Well they'll be selling it on to a DCA now & claiming tax relief.

[diddydicky]

[ATTACH]9875[/ATTACH]

 

Attached 'FINAL DEMAND' or account termination letter from M&S. This is after sending a defective DN.

I like the telephone us 'WITHIN 48 HOURS' as this is clearly urgent. That's why they use UK MAIL, send it by normal first class post to a foreign country, so it takes two weeks to reach me! (The letter is dated 04/06/2009 and I received it today the 18/06/2009).

So let's see what happens next, DCA or no DCA? Anybody know of a UK DCA chasing a debt outside the UK?

 

doesn't look like a termination notice to me

 

i think they are being "clever" in showing the account balance and the arrears and they would no doubt later allege that the final demand is for the arrears and not the whole balance

 

i would just totally ignore the letter

[exchange]

I was suspicious too, diddy that by not putting 'Account termination' they were leaving themselves room to interpret the meaning of this how they want to later on.

I have decided to send SAR letters to all 4 companies I am dealing with to see what turns up.

Edited June 18, 2009 by exchange
spelling!

[diddydicky]

I was suspicious too, diddy that by not putting 'Account termination' they were leaving themselves room to interpret the meaning of this how they want to later on.

I have decided to send SAR letters to all 4 companies I am dealing with to see what turns up.

 

wise move

[exchange]

SAR letter sent to this lot today.

[diddydicky]

SAR letter sent to this lot today.

 

i wait with baited breath

 

BTW if you get another demand with the SAME arrears on as the last one that will be a big step towards proving termination has occurred

 

Why? because it the account is still "live" the arrears should increase!

[exchange]

Thanks diddydicky, I'll watch out for that!

[exchange]

Home Visit Threat.pdf

 

Attached letter from Pre Legal Recoveries, with a nice jail symbol at the top of the letter, threatening a home visit.

 

Funny that the only address at the bottom of the letter is the normal one for M&S, i.e. M&S with a different name for a different department, jokers!

 

Anyway, does anyone think they have noticed that it might cost them a bit more than usual to come and visit me as I am not in the UK?

 

Even if I was in the UK I don't think I would take it very seriously as from what I have seen on here they are hoping to provoke a call from me to try and persaude me to pay them something. No chance!

[diddydicky]

or a portculis and trying to look like HM C & E

[exchange]

Latest arrears letter received with yet a different amount outstanding which confirms that this has not been terminated despite receiving a 'FINAL DEMAND' letter from them.

[exchange]

I have got my SAR request from M&S in record time. Looks incomplete to me (no copies of correspondence included or default notices which I specifically asked for) and has the same application form as originally posted so it looks like they don't have anything else. Need to look in more detail to see what is missing.

[exchange]

default notice 2 010709.pdf

 

2nd (!) default notice received today from this lot. The first default notice sent on the 16/05/2009 said they 'will' (not may) terminate the agreement after 14 days (!) of the date of the notice but they haven't terminated it as the arrears amount has increased on this DN. This is despite receiving a 'FINAL DEMAND' notice from them after the first DN which was clearly definitely not termination. It says they will terminate again on or after the date shown above, what date?

 

Still, I have to laugh as they have given 14 days to remedy from the date of the notice again, bit difficult when received 13 days after sending and not exactly compliant as no time given to serve the notice even if it had been received within a couple of days. Can't they interpret the rules correctly after all the cases that have been through court already with defective DN's? Unbelievable really.

[diddydicky]

[ATTACH]10618[/ATTACH]

 

2nd (!) default notice received today from this lot. The first default notice sent on the 16/05/2009 said they 'will' (not may) terminate the agreement after 14 days (!) of the date of the notice but they haven't terminated it as the arrears amount has increased on this DN. This is despite receiving a 'FINAL DEMAND' notice from them after the first DN which was clearly definitely not termination. It says they will terminate again on or after the date shown above, what date?

 

Still, I have to laugh as they have given 14 days to remedy from the date of the notice again, bit difficult when received 13 days after sending and not exactly compliant as no time given to serve the notice even if it had been received within a couple of days. Can't they interpret the rules correctly after all the cases that have been through court already with defective DN's? Unbelievable really.

 

what amount does the "final demand" ask for?

 

on the first DN they clearly stated that if you failed to comply they WILL terminate the agreement and demand the full outstanding balnce

 

the two are inextricably linked-(IMO) it was not a threat to do either/or but a compound action

 

you are perfectly entitled to believe that receipt of a demand for the full amount is therefore confirming the action they stipulated in a statutory notice and have terminated

 

the best course of action therefore IMO is to TOTALLY ignore all further correspondence and let them tighten the noosse around their own neck even more

Edited July 13, 2009 by diddydicky

[exchange]

Hi diddydicky

 

The final demand asked for the full balance whereas the new DN asks for arrears which are a higher figure than the arrears on the final demand but does not mention repaying the outstanding balance on the account. Hope that makes sense!

 

The final demand had one figure for the outstanding balance and then underneath an arrears amount. They asked for full payment of the 'balance' on the account, so not the arrears? They make it open to interpretation which is not exactly helpful other than when it comes to any action they may try to take!

[exchange]

Thanks for you comments diddydicky which did not fully show on the thread at first for some reason. I will continue to ignore them as you suggest. I will point out to them that the SAR request is incomplete, however.

[exchange]

Saw now that you edited it so that is probably why it wasn't all showing at first.

[diddydicky]

Saw now that you edited it so that is probably why it wasn't all showing at first.

 

it's a judgement call but i would be fairly confident that the demand for payment in full constitutes termination

 

by ignoring them you will flush out more demands for payment in full

 

also as the second dn is also faulty it would be nice for them to terminate for a second time on another faulty dn

 

talk about filleting their donkey!!

 

they seem to have developed a "self filleting donkey"