Advice needed ro Marstons

Hew

Iv'e had a visit from a debt collectoricon from Marstons at 6.30 this morning claiming I owed an outstanding fine to the court for no insurance on a car, (the car in question was parked on my drive with tax, with a blown head gasket and a SORN had been sent to the DVLA as advised by my insurance company). The debt collector claimed the court hadn't received the £330 and asked how and when I paid, I said a couple of months ago online, he then miraculously found the paperwork in front of him confirming this, he then tried a different angle and said it was paid late and I know owed Marstons £320 and he was recording this conversation, I then told him to go away as he was trespassing, he then put a letter through my door:
I ATTENDED YOUR ADDRESS TODAY AT 6.40 TO ARRANGE PAYMENT UNDER THE TERMS OF A WARRANT ISSUED ON BEHALF OF THE ABOVE CLIENT. (Cambridge Court) DESPITE PREVIOUS VISITS (This was the first) AND NOTICES THIS MATTER HAS NOT BEEN SETTLED, AND I THEREFORE URGE YOU TO CONTACT ME ON THE NUMBER BELOW IMMEDIATELY.
It then goes on to say £320 is due and if not paid immediately another call to take goods.
Any ideas how to deal with this?

fermi

Please phone National Debtline ASAP.

https://www.nationaldebtline.org/EW/factsheets/Pages/13%20EW%20Magistrates%27%20court%20fines/Default.aspx

alilaw

I also have a similar problem but mine concerns an overdraft that I was paying back. The bank decided to put a default on my account unknown to me - I never received a default notice. I have gone through a process of trying to get the default removed. I have written to the bank twice and asked them for:
1. a true copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) and a statement of account.
2. a signed true and certified copy of the original default notice
3. Any deed of assignment if the debt was sold on

The first letter they did not reply to and the second they have told me the date the default was sent but says that it is a system generated letter and so they are unable to reproduce it and supply me with a copy of the original. They even returned my postal order.

I would like to know what to do next as I am not sure of my rights now. I thought they had to be able to reproduce the original but am not sure now. I am continuing to repay.

chanz4

alilaw wrote: »

I also have a similar problem but mine concerns an overdraft that I was paying back. The bank decided to put a default on my account unknown to me - I never received a default notice. I have gone through a process of trying to get the default removed. I have written to the bank twice and asked them for:
1. a true copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) and a statement of account.
2. a signed true and certified copy of the original default notice
3. Any deed of assignment if the debt was sold on

The first letter they did not reply to and the second they have told me the date the default was sent but says that it is a system generated letter and so they are unable to reproduce it and supply me with a copy of the original. They even returned my postal order.

I would like to know what to do next as I am not sure of my rights now. I thought they had to be able to reproduce the original but am not sure now. I am continuing to repay.

You have been reading outof date and incorrect info, an over draft also is not a fixed sum.

sourcrates

alilaw wrote: »

I also have a similar problem but mine concerns an overdraft that I was paying back. The bank decided to put a default on my account unknown to me - I never received a default notice. I have gone through a process of trying to get the default removed. I have written to the bank twice and asked them for:
1. a true copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) and a statement of account.
2. a signed true and certified copy of the original default notice
3. Any deed of assignment if the debt was sold on

The first letter they did not reply to and the second they have told me the date the default was sent but says that it is a system generated letter and so they are unable to reproduce it and supply me with a copy of the original. They even returned my postal order.

I would like to know what to do next as I am not sure of my rights now. I thought they had to be able to reproduce the original but am not sure now. I am continuing to repay.

CCA requests under section 78, do not apply to overdraughts OP, only to loans and credit cards, it makes no difference if you received the default notice or not, as you were fully aware you were not paying, the bank can default you at any time for non payment, however they should be able to provide you with a copy of the default notice, however not doing so does not provide a defence for non payment.