Cap1 & CCA return

[un1boy]

Can the Information Commissioners Office award compansation?

 

Nope- they can only offer the company in question support and advice in ways to comply with the act.

[Having_A_Knightmare]

Thats weird because I am just about to report the CSA as they have sent all my personal details to an address that I moved from 6 years ago. It is a total error as they know where Ilive.

I have taken legal advise and they have told me to report them to the ICO and go for compasation.

[un1boy]

Thats weird because I am just about to report the CSA as they have sent all my personal details to an address that I moved from 6 years ago. It is a total error as they know where Ilive.

I have taken legal advise and they have told me to report them to the Information Commissioners Office and go for compasation.

 

I got a letter saying they can't - they can tell you that the company have breached the act and then you can take legal action and ask for compo from the court basically.

[wednesday1867]

So 2 companies have issued defaults that are on my credit file, neither have supplied agreements, so i have to take them to court?

 

Do i need to send them pre lims? Or a letter before action or can i just file a claim straight away?

 

Also what happens if i go to court, get the defaults removed,what happens to the outsanding balance? Is it still in limbo?

 

Thanks

[Having_A_Knightmare]

I got a letter saying they can't - they can tell you that the company have breached the act and then you can take legal action and ask for compo from the court basically.

 

Uni you are correct I have just googled it.

 

So much for legal advice!!!

 

I cant wait to get one back on the CSA, I will be issuing Court Proceedings

[un1boy]

So 2 companies have issued defaults that are on my credit file, neither have supplied agreements, so i have to take them to court?

 

Yep, you need to take them to court.

 

Do i need to send them pre lims? Or a letter before action or can i just file a claim straight away?

 

I would send them a letter before action, explaining that you will take them to court - give them 14 days.

 

Also what happens if i go to court, get the defaults removed,what happens to the outsanding balance? Is it still in limbo?

 

Well, depends what you put on your N1 - start your own thread, give us the link and everyone will go over and help you.

 

The balance if they don't have an agreement does not legally exist.

 

Thanks

 

Anytime!

[un1boy]

Uni you are correct I have just googled it.

 

So much for legal advice!!!

 

I cant wait to get one back on the CSA, I will be issuing Court Proceedings

 

Don't forget to issue a prelim and also start your own thread!!

[Having_A_Knightmare]

Yes will do Uni. Is there a CSA section?

[wednesday1867]

Cheers Uni, ill start a thread later tonight, just finishing up a pre lim before heading out for a few hours.

[un1boy]

Yes will do Uni. Is there a CSA section?

 

Have no idea, sorry.

[un1boy]

Cheers Uni, ill start a thread later tonight, just finishing up a pre lim before heading out for a few hours.

 

Great - speak to you soon!

[humbleman]

DDT?

 

DDT=Definate Definate Timewasters

[gaz2006]

I'm working on it as we speak....a S.85 claim also forms part of my (large) poc

 

Dave

 

Can you point me to what is a s85 claim please regards Gaz

[davefirewalker]

Can you point me to what is a s85 claim please regards Gaz

 

S.85 cca1974 is the section whereby the creditor must send you a copy of the executed agreement at each card renewal.......if they dont have the original, how can they have complied

 

Dave

[Having_A_Knightmare]

HI

 

I could do with some info on defaults.

 

If a creditor issues a default say 2 years ago can he issue another one now.

 

HAK

[davefirewalker]

Dont know the "legal" answer, but logically if an account is defaulted, then that is that......it cant or shouldnt be re-defaulted, unless something important has changed.

 

will look into it

 

Dave

[car2403]

Depends what you are talking about, which is where I think Dave is heading in his research.

 

The only time a Default Notice can be issued again is where the prior one was issued and remedied - according to the CCA - Part VII s.88(1)(b) - where a Default is capable of remedy and is remedied within the prescribed period, the creditor can't treat it as a breach under s.89;

 

89. If before the date specified for that purpose in the default notice the debtor or hirer

takes the action specified under section 88(1)(b) or © the breach shall be treated as

not having occurred.

 

If the notice wasn't remedied and the account was terminated, that is that and the account is Defaulted and Terminated and can't be re-Defaulted.

 

I remember reading somewhere, (but can't find reference to it in the Act) that a creditor can Default an account more than once, but needs to have the debtors consent. (Something about voluntary enforcement?)

 

Does this answer your question, HAK?

[Having_A_Knightmare]

HI Car/Dave this is the situation.

 

I got a default notice in 2005 of a creditor (cant remember getting it).

December 2007 they issued a default on my credit file and when I questioned it they issued another default in January 2008 and said if I pay £10 they would wave the Jan 08 default notice..

 

Hope this makes sence.

 

HAK

[humbleman]

when I questioned it they issued another default in January 2008 and said if I pay £10 they would wave the Jan 08 default notice..

 

Hope this makes sence.

 

HAK

 

Have you got this in writing.

[car2403]

HI Car/Dave this is the situation.

 

I got a default notice in 2005 of a creditor (cant remember getting it).

December 2007 they issued a default on my credit file and when I questioned it they issued another default in January 2008 and said if I pay £10 they would wave the Jan 08 default notice..

 

Hope this makes sence.

 

HAK

 

Was the original default remedied? Did they say pay £X by Y, which you did?

 

If not, they can't default (or Default, even!) the same account again.

 

In essence, the original (or first) Default Notice will state an intention to terminate the agreement if the default isn't remedied - if you didn't remedy it (by paying) they terminate the agreement. As no agreement "exists" at this point, the account can't be defaulted (or Defaulted!) again, IMHO...

[Having_A_Knightmare]

Hi Car

 

To be quite honest I cant remember getting the 1st default. I would have not been able to pay any arrears on the account at the time anyway.

 

I moght write to them and ask them for a copy of the default notice. If they have not got it then they will have to remove it from the CRA.

 

If they plan on sticking to the 2nd one issued they can is it does not comply with the regulations as some information is missing form it.

 

Cheers

 

HAK

[Having_A_Knightmare]

Have you got this in writing.

 

Not got this in writing but they defaulted me for the one in 2005 not 2008. Hope this makes sense!!

 

HAK

[Steven I_C_O]

I have never read such misguided information before in my life. Particularly regarding s.77-78 of the Act. May I ask, has anyone actually appeared before a court bringing a claim under these sections?

[pt2537]

I have never read such misguided information before in my life. Particularly regarding s.77-78 of the Act. May I ask, has anyone actually appeared before a court bringing a claim under these sections?

Erm, im not sure i understand what you mean,

 

you would not bring a claim unders77 or 78 or 79 for that matter

 

there are many sections of the act which a claim could be brought but 77,78 & 79 are not them. the only people who would bring an action under said sections would be trading standards

[paulwlton]

I have never read such misguided information before in my life. Particularly regarding s.77-78 of the Act. May I ask, has anyone actually appeared before a court bringing a claim under these sections?

 

Not sure what you mean re: misguided information, can you elaborate.

 

PT, Your post was not showing when i posted