Debt Collection Agency Offering a Discount???

[seylectric]

Correct.

 

According to the Consumer Credit Act 1974

 

"If the payments are in arrears the creditor MUST issue a default notice before legal action can be commenced. You can find out if your agreement is regulated (by the Act, it's probably illegal anyway if it isn't) by looking at the agreement itself or phoning the creditor and asking them. The default notice should state:

 

* Name and address of creditor issuing default notice and name and address of the borrower.

* Type of agreement and details of the breach of the agreement.

* Early settlement figure (for fixed sum only).

* The action to be taken by you to remedy the situation and comply with the agreement.

* The next action that the creditor intends to takes, should you fail to comply with the agreement.

 

The default notice must allow you at least 7 days to comply with the action required. A default notice does not necessarily mean that the creditor intends to take you to court, especially if it is complied with. If the default notice is asking for payment, it will include instructions. If the re-scheduled amounts can be afforded, then these should be paid before court action begins. Alternatively, you should seek advice (if you have other debts as well) and make a pro-rata offer to all your creditors.

 

The lender can start court action for recovery of the money after complying with the requirement to send a default notice, by issuing a claim form" (the court form I mentioned in the thread above.

 

 

Tip: If you want to play the odds you can say on your form that you haven't received a Notice of Default in accordance with the Consumer Credit Act regulations, in which case the judge will have no choice but to find in your favour!

[deemacperth]

What happens if you've informed a creditor of change of address, but they never updated your details.

 

If you were never in receipt of a default notice because they sent it to the old address, is it still valid?

[seylectric]

If you have informed them of your new address, then no, it is not valid.

 

If there is any dispute over this always remember that by law the onus is on the sender to ensure you received any relevant notifications, if you didn't receive it then that's their problem - don't take my word for it, ask the Royal Mail!

 

They may claim to have sent you notification but that doesn't mean anything if you didn't recieve it.

[Jamloo]

I have always understood that the onus is on the reciever when it comes to post, ie.. the letter is deemed sent as soon as it has a stamp affixed, and is placed in the hands of the Royal Mail. I'm sure this has been covered in other threads with regards recorded delivery or not. I maybe wrong but I'm sure if the sender can prove that the letter has been sent ie copy of the letter, they are in the clear, although regarding a wrong address I suppose if you can prove that you informed them, then that may be a different matter.

[seylectric]

Nonsense.

 

How can the onus possibly fall on the receiver? The receiver doesn't even know the letter has been sent unless he's told otherwise. That's why the sender is always advised to get proof of posting. Furthermore, the reciever has no part in the sending or delivery of the letter until it actually arrives, so he can hardly be held responsible if it doesn't.

 

Could you imagine the situation if you paid for and ordered something and it never arrived and the seller said, "sorry, not my problem"? Some of us would be millionaires overnight. Think about it; you advertise say a £1000 computer system for £200, wait for the orders to flood in, bank the money, never send the goods and legally be able to tell everyone "tough luck, not my responsibility" when their order never turns up? I don't think so!

 

The onus is on the sender to ensure you recieved your mail, that's why it's the sender and not the receiver who has to claim for items not delivered.

 

don't take my word for it, ask the Royal Mail!

[Jamloo]

There is no need to be sarcastic....I was only giving my opinion of what i had read on other threads with regards to us sending the DPA not registered post. Many people answered that if you have a copy of the letter and had posted it by Royal Mail it is deemed sent. There really is no need to answer in this manner I was just trying to give the other side.

 

This is what Dave stated :

 

The Civil Procedure Handbook states that if it was sent by Royal Mail, then it's as good as delivered - obviously the wording is slightly different

 

Having a copy of the letter should be considered proof that you have sent it.

 

However, you could ring them and be very stern and demand to know why your letter has been ignored, and that the 40 days started 4 days after you sent it (in accordence with the CPR's) and that if the information requested has not turned up within the alloted time, then you WILL make a complaint to the IC.

 

If they claim not to have received it, then quote the CPR's to them.

 

The pre-action protocols only state that a letter should be sent - it DOES NOT state or reccommend that the letter should be sent recorded post.

 

In addition to that the CPR's state:

[seylectric]

I wasn't bering sarcastic. I tell it like it is and that sometimes comes across a little "cold", but it isn't meant to offend anyone, it's just my way.

 

The thing to bear in mind here is that it doesn't matter if the letter has been sent even if the sender has proof he sent it, if you didn't get it you didn't get it and that's good enough in court. I know because I've been there and done it! I once got a CCJ wiped out simply by stating that I had not recieved it.

 

I apologise if I came across a little harsh but it's important people don't get confused about this.

[bs0lth]

The onus is on the sender to ensure you recieved your mail, that's why it's the sender and not the receiver who has to claim for items not delivered.

 

I have been having a lot of problems with my post... there is a very similar address to mine with a very similar postcode.. its amazing how much stuff is not delievered or has to be redirected. I have had problems with my council tax, not recieving stuff... to the point that they took me to court and then got a deduction of earnings... first i knew was when they deducted money from my wages...

 

I phoned them Immediately and told them the situation... gave them my mams address for further correspondence.. (it seems to get to me there) and they cocked up again... ignoring my request for letters to be sent to my mums and then Im back in the same boat....

 

They say that its not their responsibility... they sent out the letters... complain to the Royal mail...

 

I have... what do they say... they will look into the matter...

 

Its not fair.... but Royal mail say they dont make mistakes...

 

Everything getst to where its to be sent...

 

So how come they loose recorded delivery and special delivery items? there have been five now coming to this address...

 

it may be the sender that had to claim for undelivered items, or lost items, but if your the reciever and you dont know the letters are coming what then?? it just shows the uncaring environment we live in today... where companies and councils dont trust that there is a problem and refuse to do anything about it... and when the stuff is important how come they dont send it recorded delivery to prove that the stuff is recieved.

 

Im sorry im rambling... its a sore point in my household where 1 in 5 letters go missing... the nice Royal mail have given me compensation for missing post but thats so not the point....

[seylectric]

If they say it's not their responsibility that the letter they sent did not reach you they're lying. It IS the sender's responsibility, that's why the sender has to claim. Ask the Royal Mail for more info on this

[hunkysoldier]

This topic was closed on 09 March 2019.

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