How to get back on the credit ladder

never-in-doubt

marcellep wrote: »

http://www.fisa.co.uk/downloads/CCA%201974.pdf Page 96 is that what your refer too?

Noooo - you need to look here:

http://www.opsi.gov.uk/acts/acts2006/ukpga_20060014_en_1#pb2-l1g6

This explains what they do and do not have to do! LOL. As I say, don;t ever quote an act unless you know enough about it so that in case of query you don;t get egg on your face!

Pay attention to ss.6

quote:
(6) Where this subsection applies in relation to a failure to give a statement under this section to the debtor—
(a) the creditor shall not be entitled to enforce the agreement during the period of non-compliance;
(b) the debtor shall have no liability to pay any sum of interest to the extent calculated by reference to the period of non-compliance or to any part of it; and
(c) the debtor shall have no liability to pay any default sum which (apart from this paragraph)—
(i) would have become payable during the period of non-compliance; or
(ii) would have become payable after the end of that period in connection with a breach of the agreement which occurs during that period (whether or not the breach continues after the end of that period).


Make sense now? Have a read - its funny how it says the opposite of what cap1 tell you eh? :rotfl:

never-in-doubt

marcellep wrote: »

PM sent and good luck with the Scottsh Law :rolleyes:

The default part should be the same with English law, I don't think it will matter too much but i;d be prone to fight using English Law anyway being Cap1 will be using and referring to this. On each account in the terms it says they use english law so lets use that against them - sod em!

I got PM, will do your letter for you later ok?

marcellep

never-in-doubt wrote: »

Noooo - you need to look here:

http://www.opsi.gov.uk/acts/acts2006/ukpga_20060014_en_1#pb2-l1g6

This explains what they do and do not have to do! LOL. As I say, don;t ever quote an act unless you know enough about it so that in case of query you don;t get egg on your face!

Pay attention to ss.6

quote:
(6) Where this subsection applies in relation to a failure to give a statement under this section to the debtor—
(a) the creditor shall not be entitled to enforce the agreement during the period of non-compliance;
(b) the debtor shall have no liability to pay any sum of interest to the extent calculated by reference to the period of non-compliance or to any part of it; and
(c) the debtor shall have no liability to pay any default sum which (apart from this paragraph)—
(i) would have become payable during the period of non-compliance; or
(ii) would have become payable after the end of that period in connection with a breach of the agreement which occurs during that period (whether or not the breach continues after the end of that period).


Make sense now? Have a read - its funny how it says the opposite of what cap1 tell you eh? :rotfl:

This is away above my head! I am totally lost and it makes no sense to me

It will be great if you can do a letter

never-in-doubt

marcellep wrote: »

This is away above my head! I am totally lost and it makes no sense to me

It will be great if you can do a letter

Ok, basically this is the relevant bit, sorry to confuse things:

Under the Consumer Credit Act s.87, a Default Notice MUST be served on the Defaulter at least 7 days prior to the Default being effected. If that Default Notice was not served at least that time prior to the Default, the Default is invalid and can be challenged.

The Defaulter (you) can challenge it within 6 years of the Default if the correct process was not followed.

marcellep

Name: Marcellep
Address:My Address
Date of birth: My Date Of Birth
Company name: CAPITAL ONE
Account type: Credit card / Store card
Special Instruction Indicator: Partial Settlement Special Instruction Start Date: 11/11/2005
Started: 17/10/2002
Default Balance: £440
Current Balance: Satisfied
Credit Limit History: £200 (05/05);
Defaulted On: 12/05/2005
File Updated for the Period to: 07/06/2009

This taken from one of my online credit reports

never-in-doubt

I bet they sent something like this didn't they? a classif fob-off:

I also acknowledge your request for a copy of the original Default Notice date XXXXX. The Default notice is an automated process and it is not therefore possible to provide an actual copy of the letter sent to you. I am however, able to provide you an example of the letter and the wording which would have been used.

marcellep

never-in-doubt wrote: »

I bet they sent something like this didn't they? a classif fob-off:

I also acknowledge your request for a copy of the original Default Notice date XXXXX. The Default notice is an automated process and it is not therefore possible to provide an actual copy of the letter sent to you. I am however, able to provide you an example of the letter and the wording which would have been used.

You got it in one, Thats what they told me over the phone and by letter :mad:

never-in-doubt

marcellep wrote: »

You got it in one, Thats what they told me over the phone and by letter :mad:

classic fob off! ok, thanks i'll be in touch later...... last question, did you owe the money due to charges or was it general debt? was the account ever in dispute?

cheers - i'll be back later or tomorrow to finish this for you. Got to get it right but its weekend so no rush, agreed? :A

marcellep

never-in-doubt wrote: »

classic fob off! ok, thanks i'll be in touch later...... last question, did you owe the money due to charges or was it general debt? was the account ever in dispute?

cheers - i'll be back later or tomorrow to finish this for you. Got to get it right but its weekend so no rush, agreed? :A

I agree 100% no rush after all I have been fighting all this time (and I need sleep too up at 5am Yeah on a Sat morning)

The amount was £200 I used on the Credit Card and the rest is made up with "Unlawful" bank charges. I never disputed the account at all back then.

Thanks once again for all your help and take your time "No Hurry"

Enjoy your weekend and keep up your good work on the site:beer:

never-in-doubt

marcellep wrote: »

I agree 100% no rush after all I have been fighting all this time (and I need sleep too up at 5am Yeah on a Sat morning)

The amount was £200 I used on the Credit Card and the rest is made up with "Unlawful" bank charges. I never disputed the account at all back then.

Thanks once again for all your help and take your time "No Hurry"

Enjoy your weekend and keep up your good work on the site:beer:

Ok, so you ended up paying £440? Surely then you must be happy if we request a refund a charges or agree to cancel this and use toward writing the default off?

You happy with that or want £240 back? LOL - your choice. If they refund the £240 you wont get the default removed that easily......