DeFault Notice re Cr Cd

[Guest]

Hi

 

Can anyone help with this please?

I have received a DN re some arrears on cr cd. BUT, a few weeks ago a further 'hardShip plan' was arranged with the bank on the phone, and I was told that they would be in touch accordingly. I was also told that any action on the account was on 'hold', and to ignore letters re the arrears. the 'agreed' reduced payment was duly paid.

they have now told me that i was incorrectly advised and that there is no such plan in place, but that the account is still on 'hold'.

Any ideas very appreciated, thanks

Edited February 8, 2010 by Ford

[42man]

Is the default notice compliant by chance ? And as has been demonstrated here a bank will deny the phone conversation unless you record it....

[Guest]

Thanks for reply 42man

 

'Is the default notice compliant by chance '

 

It seems just about ok having read this http://www.consumeractiongroup.co.uk/forum/show-post/post-2166205.html

but i'll try and paste it up later.

 

Was thinking of writing to them about the agreed arrangement, and request; withdrawal of DN, and confirmation of the plan, and a hold on any action? Should the letter be marked 'account Dispute'?

 

thanks

[Guest]

Is the default notice compliant by chance ?

 

The DN dates are 21 aug dated, 8 sep deadline. Will try and post it up later.

 

Should I write a letter as above, or do anything else with the DN? Will the DN proceed even though account is on hold?

 

thanks

Edited October 21, 2009 by Ford

[Guest]

Hi

 

Can anyone help on this? thanks.

[Undercover-Elsa]

Hello Ford,

The DN seems compliant on dates, but do post it up when you get chance so it can be checked for other discrepancies eg format and wording etc.

Have you sent a formal request for a copy of the credit agreement for this CC account? What year was it taken out?

Regards,

Elsa x

[cerberusalert]

Did you keep the envelope?

[Guest]

Thanks for replies Elsa & cerberusaalert.

 

No cca request yet, but will do. should this be along the lines of the CPR rather than s78? http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

Cr Cd is pre 2007, about 7 yrs. but i note this!http://www.consumeractiongroup.co.uk/forum/legal-issues/198059-unenforceability-cases-hold-until.html

Yes, i have the envelope.

Have already sent a letter though (without 'account Dispute' heading), to put on the record what they told me.

Is this relevant? - the amount on the DN is different to the amount on a previously received (about 6 weeks) 'arrearS notice' letter?

thanks.

Edited September 4, 2009 by Ford
correction

[Guest]

DN posted up. any thoughts anyone?

Edited September 5, 2009 by Ford
small images removed

[IdaInFife]

too small

 

can you upload to photobucket and repost

 

ida x

[Guest]

too small

 

can you upload to photobucket and repost

 

ida x

 

Does this work? any thoughts?

 

http://img195.imageshack.us/img195/8291/img007oa.jpg

http://img89.imageshack.us/img89/7109/img008n.jpg

[IdaInFife]

when is the default dated? did you keep envelope? was it sent first class or second?

 

ida x

[Guest]

when is the default dated? did you keep envelope? was it sent first class or second?

 

ida x

 

As above.

Have the envelope.

DN looks non defective to me, what do you think?

 

Thing is though, they have said that any action on the account was on 'hold'. If they're true to their word, does this mean that they won't be pursuing it, for the moment?

 

thanks.

Edited April 5, 2010 by Ford
correction

[IdaInFife]

i think the dn is ok

 

dated 21/08 14 clear days gives the 08/09

 

any news on the cca yet?

 

ida x

[Guest]

Thanks Ida

 

Trust LoyDsrTsb to get it right!!

 

CCA request in progress!

 

Any thoughts on my previous question? - the amount on the DN is different to the amount on a previously received (about 6 weeks) 'arrearS notice' letter? (the arrears amount on the DN is the same as the 'pay us' amount on the DN).

 

Also, if i were to offer a full and final settlement, what sort of percentage should I offer?

 

Thanks.

Edited October 21, 2009 by Ford
correction

[Guest]

Hi

 

I have recently received first letter from [problem] sols saying etc;

'...formal demand to repay the account balance.......if payment is not received by our client within 14 days......court proceedings may be instigated against you without further reference.....' ' ....Client may be prepared to accept a reduced sum, together with realistic proposals for regular monthly payments..' '....telephone the client should you wish to discuss an arrangement...' etc

 

How should I reply to this?

 

(CCA s78 request has already gone to Loyds. No news yet on this, but delivery might have been delayed due to postal strike!)

 

thanks.

Edited October 8, 2009 by Ford
correction

[IdaInFife]

Dear Sirs

I refer to your letter of XXXXX 2009 which was received today.

Frankly, I am surprised of the need to advise a firm of solicitors about the terms and conditions surrounding my Consumer Credit Agreement request (Consumer Credit Act, 1974); dated XXXX 2009 for which I have proof of receipt . I can only assume therefore that they failed to inform you of their non compliance. Your client had until (date - 12+2 working days from date of sending CCA request) to comply with a legal request.

Should your client persist with threats of legal action as stated in your letter, I will welcome the opportunity for a judge to look at several defaults committed by xxxx under The Consumer Credit Act, 1974, as well as your client’s non-compliance with and total disregard for, both the banking code and OFT guidelines.

Also please note that I will ONLY communicate in writing, any calls made to me will be classed as harrassment and treated as such.

Yours faithfully

[alangee]

Ford

 

With regard to your DN, do you have any unlawful charges to reclaim, and if so what percentage of the amount stated on the DN, do they come to? If it is a significant amount, I think it can be challenged on that point.

 

Alan

[cerberusalert]

I've been going over that default notice, the 21st Aug was a Friday + Summer Bank Holiday was 31st August so by my reckoning the notice is at least two days, probably three days short.

[Guest]

Thanks all for your quick replies.

 

[problem] letter crossed with the CCA request!

 

Not sure about unlawful charges, will look into this.

 

Is it 14 working days then re a DN, and not calender days?

Edited October 18, 2009 by Ford

[cerberusalert]

No it's calender days, but they posted it on a Friday which means it wouldn't have got into the postal system before Monday then you have to allow 2 days for first class 4 days for second class, then you lose another day because of the Bank Holiday, which means the remedy date should have been the 10th at the earliest.

[Guest]

No it's calender days, but they posted it on a Friday which means it wouldn't have got into the postal system before Monday then you have to allow 2 days for first class 4 days for second class, then you lose another day because of the Bank Holiday, which means the remedy date should have been the 10th at the earliest.

 

thanks

[Guest]

Hi

 

i sent my cca request 2 weeks ago (no news yet) to the loyds 'collections' address in Andover, rather than to loyds' Brighton office.

Did i send it to the wrong office? Should i send a copy of the cca request to Brighton?

thanks

Edited October 9, 2009 by Ford
correction

[Guest]

Any thoughts on this anyone?

[Undercover-Elsa]

I wouldn't worry...they'll pass it on to the relevant department.

Enjoy the peace while it lasts...

Elsa x