Sigma SPV1 Ltd court claim form for M & S store/credit card***Discontinued**

[Fred Bassett]

thanks Fred

 

I will wait for any further info - I have put both letters away SAFELY. Just worried I get a DCA now. \need to know what my position is legally

 

Cleo,

 

Just a thought - did you keep the envelope? It might be possible to prove from that when it was actually sent.

 

Regards.

 

Fred

[cleo4patra]

Cleo,

 

Just a thought - did you keep the envelope? It might be possible to prove from that when it was actually sent.

 

Regards.

 

Fred

of course!!! - I am anxious to get a letter off to them though because how I understand it they have dropped a very large clanger

[Fred Bassett]

of course!!! - I am anxious to get a letter off to them though because how I understand it they have dropped a very large clanger

 

I'd pm one of the mods if I were you.

 

Fred

[cleo4patra]

I'd pm one of the mods if I were you.

 

Fred

\any ideas - I have contaced 42man this morning

[42man]

Cleo.....Have you still sent the SAR ?....good news is if they have sent out the termination and default incorrectly then this is good for you.....you will probably try and fight them with letters, but highly unlikely they will listen to you......with the CCA going out they should not be passing it on whilst it is in dispute.....!!

 

If you write to tell them, they may decide to get the correct paperwork out !!!

[cleo4patra]

Cleo.....Have you still sent the Subject Access Request ?....good news is if they have sent out the termination and default incorrectly then this is good for you.....you will probably try and fight them with letters, but highly unlikely they will listen to you......with the CCA going out they should not be passing it on whilst it is in dispute.....!!

 

If you write to tell them, they may decide to get the correct paperwork out !!!

Hi 42man - I thought that once an agreement was terminated another default could not be sent out? I thought that because they have terminated on the back of a defective default notice they can only get the arrears from me?? I am unsure what I should do now - I have not sent Subject Access Request as they beat me to it with the default and termination - the letter terminating says they will be passing it onto a DCA within 48 hours!!! I need help with this

[cleo4patra]

I haven't SAR'd yet as they beat me to it with default and termination. Should I still send?

 

I need help with this - am I right in thinking that if they terminated on the back of a defective default notice they can only push me for the arrears?? and that I can claim damages as per case Kpohraror v Woolwich BS (1996) 4AllER119 - and also quote Woodchester Lease M S v Swain & co 2001 GCCR2255.

 

I am unsure what to do next. Termination notice dated 21st November says they will pass on to debt collector in 48hrs. I am worried

[Bigmac versus]

Hi cleo4patra, having a read.

[cleo4patra]

Hi cleo4patra, having a read.

sorry - just noticed - DN dated 10th Nov (received 28th Nov) gives me until 24th Nov to pay up - however termination is dated 21st November which is 3 days before their alleged final date which really should be 26th anyway?????

[Bigmac versus]

In addition to no credit agreement being produced, the default notice served under s87 (1) Consumer credit act 1974 failed to comply with the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) so any action or claim made where the DN is incorrect is in my opinion unlawful. Im sure that issuing another Default Notice, (corrected) would still be unlawful, as they can't default and terminate the same agreement twice. s.87/s.88 CCA 1974.

 

You have nothing to worry about, send the SAR if it makes you feel better however im pretty sure they dont have any agreement, even if they did they have messed it all up with the DN.

[cleo4patra]

Thanks - I am unsure what I should do next? Will they pass it on to a debt collector even though they should not?

[cleo4patra]

since I sent the CCA request and letter re inneffective default notice today I received a letter offering me a "rescheduled loan" at 4% apr and that this would appear normal on credit file - offer only open for 7 days - still no agreement

[Fred Bassett]

Thanks - I am unsure what I should do next? Will they pass it on to a debt collector even though they should not?

 

 

Cleo, just relax. Yes they probably will pass it on to a debt collector, but if you just stick to your guns they can't touch you. They've got no agreement and they've made a cock up of the default notice. You're in a great position. You can even start to have a bit of fun now and give them the runaround.

 

Regards.

 

Fred

[cleo4patra]

Thanks - as you can see I am not used to this - but i don't know how they can send a DN and it arrive EIGHTEEN DAYS later?????

[Fred Bassett]

Thanks - as you can see I am not used to this - but i don't know how they can send a DN and it arrive EIGHTEEN DAYS later?????

 

Well to be honest, unless they come up with an agreement the DN is just a little sideshow. Either way, it's round 1 to you.

 

Regards.

 

Fred

[Bigmac versus]

As Fred says your holding the aces so lets see what happens next.

[cleo4patra]

As Fred says your holding the aces so lets see what happens next.

Hi - where is it written about date of service being 2 days after date on notice?

[Fred Bassett]

Hi - where is it written about date of service being 2 days after date on notice?

 

Cleo, it's all here on the the thread I posted earlier: http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/158781-mbna-default-notice-cca.html

 

Regards.

 

Fred

[cleo4patra]

Thanks Fred - I have read this with great interest - but i wanted to establish where it is laid down that deemed service is two days after date of letter. Is it in the CCA or is it the postal rule? thanks cleo

[cleo4patra]

Deemed service

References to notices or documents being sent ‘by post’ within the Act bring into the

operation the Interpretation Act 1978 by which service is deemed to be effected by

properly addressing and posting a letter containing a document. Unless the contrary is

proved, service will be deemed to have been effected at the time when the letter would

be delivered in the ordinary course of post.

For documents sent in the form of an electronic communication they will, unless the

contrary is proved, be deemed to have been delivered on the working day immediately

following the day on which it was transmitted by the sender.

However, section 69(7) provides that a cancellation notice is treated as effectively

served on the addressee at the time of posting. This section is therefore amended to

include an equivalent rule for notices of cancellation sent in the form of an electronic

communication. A cancellation notice transmitted electronically is deemed to be served

at the time of transmission. This is an exception to the deemed delivery provision

contained in the new section 176A (2).

Found it!!

[slick132]

Hi Cleo,

 

Letter back to them saying:-

 

I thank you for your letter dated DATE and must refer you to the request for my Credit Agreement which I sent to you on DATE. I enclose a copy of this letter for reference.

In the absence of a reply, I have no intention of rescheduling the loan.

You have also failed to reply about the Default Notice which was invalid for the reasons which I drew to your attention.

You are now in Default yourselves for failing to comply with my request in accordance with the CCA 1974.

I await the Credit Agreement or your confirmation that you are unable to supply it.

I trust you will ensure that no negative markers will be placed against ny credit records about these matters - this would of course be a further breach of regulations and, as such, would be reported to the FOS for investigation.

[cleo4patra]

Hi Cleo,

 

Letter back to them saying:-

 

I thank you for your letter dated DATE and must refer you to the request for my Credit Agreement which I sent to you on DATE. I enclose a copy of this letter for reference.

In the absence of a reply, I have no intention of rescheduling the loan.

You have also failed to reply about the Default Notice which was invalid for the reasons which I drew to your attention.

You are now in Default yourselves for failing to comply with my request in accordance with the CCA 1974.

I await the Credit Agreement or your confirmation that you are unable to supply it.

I trust you will ensure that no negative markers will be placed against ny credit records about these matters - this would of course be a further breach of regulations and, as such, would be reported to the FOS for investigation.

Wow!! thanks. Jut

st one thing there are still two days to go until they default as I posted rec del 17/11/08. Do I need to wait until then to send the letter or can I say that they will be in default themselves if not provided by required date? thanks

[hellhasnofury]

since I sent the CCA request and letter re inneffective default notice today I received a letter offering me a "rescheduled loan" at 4% apr and that this would appear normal on credit file - offer only open for 7 days - still no agreement

 

Hello Cleo,

 

What they are trying to do here is turn your credit card account that they can't enforce into a new loan agreement that will have your signature on a new enforceable agreement. And do not trust them whatsoever regarding removing the default they have placed on your credit file. They will most likely not remove it, but enter the new loan on your credit file as well which would appear normal.

 

They are doing this because they want your money, this is not about helping you, its about them helping themselves.

 

Have you checked you credit files????? to see what they have already put on it. Experian do a 30 free trial, or you can request a copy from the 3 credit reference agencies which costs £2.

 

They have still not produced the ca for this account, so now the matter is in legal dispute, and you have legal rights, to pay or not to pay and they know this:wink:

 

Needless to say in this matter the choice of what to do is yours

 

Personally I would send slicks letter marking the top in big bold letters ACCOUNT IN DISPUTE:grin: and set the cat amoungst the pigeons:-D

[Bigmac versus]

Your getting there.

[slick132]

Hi Cleo,

 

Amend the para about them being in default as follows:-

 

If you fail to provide, by DATE, the Credit Agreement in accordance with my request, you will be in Default in by virtue of the CCA 1974.