Default notice

245

Comments

  • wayne99
    wayne99 Posts: 352 Forumite
    yes mate 3 requests with 3 postal orders for £1.00
    :j:beer: :beer::j
  • wayne99 wrote: »
    yes mate 3 requests with 3 postal orders for £1.00

    Top man - see what comes back then yes? Just leave things for now..... ;)
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • wayne99
    wayne99 Posts: 352 Forumite
    ok chief, will wait and see:beer:
    :j:beer: :beer::j
  • PNPSUKNET
    PNPSUKNET Posts: 4,265 Forumite
    kick off with shop direct and they will buy the debt back, then argue the defaults with them, they tie themselves up really easy
  • SDG don't actually sell to CAM (Phoenix) it's their preferred partner lol (partner, is that what you call them)......
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • wayne99
    wayne99 Posts: 352 Forumite
    so if they do not sell the debts to cam / phoenix how can they place the default ? i did not take out any credit with cam / phoenix ?
    :j:beer: :beer::j
  • wayne99 wrote: »
    so if they do not sell the debts to cam / phoenix how can they place the default ? i did not take out any credit with cam / phoenix ?

    Notice of Assignment but I mean, think sale or return, i.e. if CAM fail to recoup the money then SDG [STRIKE]buy it back[/STRIKE] reacquire the account...... but its all paper, so although SDG give notice of right to CAM in essence CAM only pay SDG when they have been repaid (think credit account) lol

    Hope that helps to make a little sense.... :D
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • wayne99
    wayne99 Posts: 352 Forumite
    nid,

    hope your well ?

    the 14 days are up tomorrow for phoenix / cam, and still they have failed to respond to me, and no other update has been made to my equifax query other then previously posted.

    what do we do now mate ?

    this is the format of the first letter i have sent them
    [FONT=&quot]Mr wayne99[/FONT]
    [FONT=&quot]************[/FONT]
    [FONT=&quot]*********[/FONT]
    [FONT=&quot]*********[/FONT]
    [FONT=&quot]*********[/FONT]
    [FONT=&quot]*********[/FONT]
    [FONT=&quot] [/FONT]
    [FONT=&quot](FORMALLY of ******************************************)[/FONT]
    [FONT=&quot]4th Feb 2010[/FONT]
    [FONT=&quot] [/FONT]
    [FONT=&quot] [/FONT]
    [FONT=&quot] [/FONT]
    [FONT=&quot] [/FONT]
    [FONT=&quot]Dear Sirs,

    Account No: *********

    After recently obtaining a copy of my Credit File from the Credit Reference Agencies, I am concerned to note that your company has placed a "Default Notice" against an alleged account I held with you, the amount is £314.02 – default registered October 2007.

    Further to this, I have no recollection of ever receiving such a notice, and I therefore require you to substantiate this data. [/FONT]

    [FONT=&quot]1.[/FONT][FONT=&quot] You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit. Your obligation also extends to providing a statement of account. I enclose a £1 postal order to cover the statutory fee – postal order serial number (************** )

    2. Please also supply me with a signed, true certified copy of the original default notice.[/FONT]

    [FONT=&quot]You are notified that you are obliged to supply these documents, whether you are the original creditor or not under s.189 of the CCA(1974).[/FONT][FONT=&quot]

    I would request that this data is provided to me within the next 14 days. If you are unable to provide this data then I require all adverse information to be removed completely, including any defaults that may have been applied. Please note that mere correction or amendment to the entry will not be acceptable.[/FONT]

    [FONT=&quot]Please note my new address is stated at the top right corner of this letter, and is to be used for all correspondence.[/FONT]
    [FONT=&quot]Yours faithfully[/FONT]
    [FONT=&quot]Wayne99[/FONT]


    I sent two more letters as they have placed 3 defaults all the same template with different ref numbers and amounts on
    ta
    wayne
    [FONT=&quot][/FONT]
    :j:beer: :beer::j
  • Hiya

    What have you sent them? I thought you'd just CCA'd them - is that correct?

    Process and templates are shown below:

    1. CCA Request
    This is the starting point where you formally request the CCA.

    2. CCA Reminder
    This is the letter you send after the CCA Request timeline has expired (14 days). You should also cease payments at this stage (bear in mind you will get a default so if you're not happy with this then stop here!).

    3. CCA Query
    This is the letter you send if they send you an application form or omit the prescribed terms.

    4. CCA Dispute
    This is the letter you send if the CCA has not arrived, usually 30 days after the CCA Reminder letter was sent.
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • wayne99
    wayne99 Posts: 352 Forumite
    edited 17 February 2010 at 9:18PM
    i posted the letter i sent them on my post mate, i pulled it from your unenforceability thread it does have the cca request on the letter but also mentions the default

    as there were 3 seperate accounts all with defaults i sent 3 copies of the letter, one for each account in query 2 posts back on page 1
    :j:beer: :beer::j
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