Unenforceability & Template Letters II

never-in-doubt

bluepanda wrote: »

Secondly, i have not had any official contact in writing with these companies for over 4 years, so would it be better to just wait it out since the hassling has dropped and try for statute barred - not sure if this is the correct term! Moreover, concerning statute barred, i took out these cards when i lived in Scotland. I currently live in Scotland, but for a year i lived in England. Am i right in assuming that Scots Law should apply to my case and therefore i need only wait 5 years rather than 6 to apply for statute barred?

Hiya - yes wait for statute barred, the law applies at the time of the account so if you lived in England at the time the debt was taken out, it is 6 years; if you lived in Scotland it would be 5 years.

bluepanda wrote: »

Another question i have is about credit reports. Probably stupidly, i have never looked at my credit report, was worried the companied would know i looked and that would act against me somehow. Recently i read though that the details of bank accounts you hold appear on your credit report. I had no idea this was the case. Can anyone confirm this is true and if so, how much details regarding one's bank accounts appears on credit reports. Surely, they do not reveal how much money is in your account.

No it is a live monthly feed which tells them whether you are in arrears etc - don;t worry too much about this right now. Just ensure you do not have a bank account with any of your old creditors.

;)

captainhaggis

I think I've just been defaulted by Lloyds TSB for a credit card but they didn't give me 14 days advance notice first.... That's not allowed, is it?!

never-in-doubt

captainhaggis wrote: »

I think I've just been defaulted by Lloyds TSB for a credit card but they didn't give me 14 days advance notice first.... That's not allowed, is it?!

Nope, they have to give you at least 7 days (see below s.88 point 2). But you knew you'd get defaults, didn't you? By the way, parcel arrived today - thanks mate! :T

Section(s) 87 & 88 of the CCA 1974 are quite clear, I quote:

s.87 - Need for default notice

(1) Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,

(a) to terminate the agreement, or
(b) to demand earlier payment of any sum, or
(c) to recover possession of any goods or land, or
(d) to treat any right conferred on the debtor or hirer by the agreement as terminated, restricted or deferred, or
(e) to enforce any security.

(2) Subsection (1) does not prevent the creditor from treating the right to draw upon any credit as restricted or deferred, and taking such steps as may be necessary to make the restriction or deferment effective.

(3) The doing of an act by which a floating charge becomes fixed is not enforcement of a security.

(4) Regulations may provide that subsection (1) is not to apply to agreements described by the regulations.

s.88 - Contents and effect of default notice

(1) The default notice must be in the prescribed form and specify

(a) the nature of the alleged breach;
(b) if the breach is capable of remedy, what action is required to remedy it and the date before which that action is to be taken;
(c) if the breach is not capable of remedy, the sum (if any) required to be paid as compensation for the breach, and the date before which it is to be paid.

(2) A date specified under subsection (1) must not be less than seven days after the date of service of the default notice, and the creditor or owner shall not take action such as is mentioned in section 87(1) before the date so specified or (if no requirement is made under subsection (1)) before those seven days have elapsed.

(3) The default notice must not treat as a breach failure to comply with a provision of the agreement which becomes operative only on breach of some other provision, but if the breach of that other provision is not duly remedied or compensation demanded under subsection (1) is not duly paid, or (where no requirement is made under subsection (1)) if the seven days mentioned in subsection (2) have elapsed, the creditor or owner may treat the failure as a breach and section 87(1) shall not apply to it.

(4) The default notice must contain information in the prescribed terms about the consequences of failure to comply with it.

(5) A default notice making a requirement under subsection (1) may include a provision for the taking of action such as is mentioned in section 87(1) at any time after the restriction imposed by subsection (2) will cease, together with a statement that the provision will be ineffective if the breach is duly remedied or the compensation duly paid.

Subsequently, s.87(1) of the CCA1974 clearly states that a default notice must be served before the creditor or owner can become entitled, by reason of any breach by the debtor.

As they have failed to send a default notice to you, they are in clear breach mate

bluepanda

Thanks for your quick response NID. You truly are a Saint.

I am just worried they can see how much money is in my bank account and try and freeze it and confiscate it. Not that there is very much, but it's more convenient to pay by bank card for my shopping rather than carrying money.

Since i have never seen my credit report i dont know whether i have any CCJs against me. I was just reading more about Statute Barred and i read the time limits change if you have CCJs. Is it likely I CCJs do you know, and is it safe for me to check my credit report with any particular company without it being recorded that I have checked it.

Thanks for all your help.

never-in-doubt

bluepanda wrote: »

Thanks for your quick response NID. You truly are a Saint.

I am just worried they can see how much money is in my bank account and try and freeze it and confiscate it. Not that there is very much, but it's more convenient to pay by bank card for my shopping rather than carrying money.

Since i have never seen my credit report i dont know whether i have any CCJs against me. I was just reading more about Statute Barred and i read the time limits change if you have CCJs. Is it likely I CCJs do you know, and is it safe for me to check my credit report with any particular company without it being recorded that I have checked it.

Thanks for all your help.

Send a £2 cheque/PO to the CRA's and see what they have about you..... you need to do this first before anything else. They cannot see your balance or touch the funds in your account BUT they can if you owe the same organisation that you bank with! You need a clean account with no link to any existing debts.

captainhaggis

never-in-doubt wrote: »

Nope, they have to give you at least 7 days (see below s.88 point 2). But you knew you'd get defaults, didn't you? By the way, parcel arrived today - thanks mate! :T



As they have failed to send a default notice to you, they are in clear breach mate

Yeah mate, I knew I'd get the defaults. But I'm still p*ssed. I've been paying the arranged amount without fail since the arrangement took hold five months ago but they've kept asking for the old arrangement amount and now defaulted me because they ain't been getting it, claiming we didn't make a new arrangement at the new, lower amount (which is rubbish, but their call centre is decidedly shoddy).

I'd hoped to avoid a default, keep paying a reduced amount until such point as I can make a good F&F offer then get out of the debt default free.

Never mind.

never-in-doubt

captainhaggis wrote: »

Yeah mate, I knew I'd get the defaults. But I'm still p*ssed. I've been paying the arranged amount without fail since the arrangement took hold five months ago but they've kept asking for the old arrangement amount and now defaulted me because they ain't been getting it, claiming we didn't make a new arrangement at the new, lower amount (which is rubbish, but their call centre is decidedly shoddy).

I'd hoped to avoid a default, keep paying a reduced amount until such point as I can make a good F&F offer then get out of the debt default free.

Never mind.

eh? you've been doing what? :eek::eek::eek:

Good job I like you or i'd not help you already, lol, never ever pay when you're fighting unenforceability - ruins everything!

St0lli

never-in-doubt wrote: »

You apply for strike-out due to the fact the account is disputed in its entirety and the fact you are awaiting CCA (s.78) request.

Can you start a new thread on this board with this - you'll get better replies and more hits, obviously don't worry you will not be going to court (if you do i'll come with you lol)! They have used the Bulk Processing i.e. MCOL.....

Thanks Niddy - I'll do what you suggest. You'll have to have a think about your expenses just in case I do need you in court! :rotfl:

knight_La_Mancha

Hi NID,

One more question about Barclays loan. It was taken after April 2007. I applied on line, did not tick on computer signature and opted to sign the loan agreement on paper and returned to them.

I CCA’d them and got an agreement without my signature. As per your previous advice, I knew that’s no way to argue the unenforceability. However, I went through the loan account statement they sent me in respond to my SAR. There was an entry registered in 2008 – “A/C CLOSED statement balance 0.00”
Then, the next page of the statement started with the outstanding balance I owed that time under a complete different account number.

Does that mean anything?

Thank you for your expertise and time again.

captainhaggis

never-in-doubt wrote: »

eh? you've been doing what? :eek::eek::eek:

Good job I like you or i'd not help you already, lol, never ever pay when you're fighting unenforceability - ruins everything!

Well now they've defaulted me..... I'll stop. Until that happened I didn't want to stop. I'll look out my CCAs from LTSB again for you to take a look at.

And stop being such a whiney git :rotfl: