Second Default & Termination

[Larkspur]

Hi,
I Hope someone may be able to give me a little advice.

I got a Default Notice from a creditor that was dated 20/08/10, I have checked, and this Default is definitely defective (no rectify date, address of debt collection agency given under title of bank in question, not laid out in the precise manner specified by CCA), so after receiving the default I sent CCA request for Loan Agreement and breakdown of charges/interest etc. 01/09/10 and didn't hear anything so sent reminder letter 16/09/10 based on similar to template letter posted on these forums reminding them that they have defaulted for not complying with my request.

I then received a copy of the agreement (cover letter dated 02/10/10) but still not got anything about charges/interest. Now everything looked OK with agreement but later noticed pages 3&4 missing from 6 page document.
On 16/10/10, I get Termination notice also dated 02/10/10 that is laid out in a very similar way to default notice, so I'm guessing that might be dodgy also.

While all this is going on decided to check credit file with CRA, turns out that a default was registered on this account with CRA in May 2008. Decided to check my records, and didn't find any other default or termination notices but did come across a letter dated 23/08/2008.

This letter said a Notice of Default was issued 25/05/2008. Now obviously if this is true then the default registered with CRA in May 2008 must have been before I the 14 days required by statute. Does this put this bank in breach of Consumer Credit Act and Data Protection Act. What can I do next?

Cheers,
P.S. carry on the excellent work

[Never-In-Doubt]

Re: Second Default & Termination

Hiya

Write to the CRA's using the template within my help thread, amending to suit. The CRA's should remove all entries if the original default was added in 2008, then another this year - that would mean BOTH should be wiped.

See here for details of template: ---> viewtopic.php?p=131#p131

[Larkspur]

Re: Second Default & Termination

Cheers Nid,

I'll send letters off ASAP, and let you know what happens.

A couple of other points. I only checked credit file with Equifax, should I get reports from other two or will they probably have same info. The other thing is, the Termination notice says company WILL take action to recover full amount. what happens there, will getting defaults quashed nullify termination notice.

Thanks again.

[Never-In-Doubt]

Re: Second Default & Termination

Cheers Nid,

I'll send letters off ASAP, and let you know what happens.

A couple of other points. I only checked credit file with Equifax, should I get reports from other two or will they probably have same info. The other thing is, the Termination notice says company WILL take action to recover full amount. what happens there, will getting defaults quashed nullify termination notice.

Thanks again.

Is this your only account that you're in debt with or do you have others? Really if you have a few you ought to start to compile a diary and consider UE - see here: ---> viewtopic.php?f=49&t=9

Until you confirm what your current overall situation is like, I cannot really advise what to do next cos I don't know your background..

[Larkspur]

Re: Second Default & Termination

Hi Ya,
Yep, I have other debts but nothing major, I haven't had any other defaults and everything else up to date and pretty much hunky dory.

I got into a bit of a pickle after losing job a few years ago. I had 3 loans with major high street banks, who all agreed to take tokens payments. When I got a job tried to renegotiated some kind of repayment plan as I was on much lower salary, two of them happy to agree, albeit a little bit more than I initially offered. This other crowd was upping the ante every couple of months, eventually my pips popped and just couldn't do it anymore.

Then discovered PPI on this loan was miss-sold, challenged them about it just before last Christmas, they said they were looking into it, so I withheld payments (couldn't afford them anyway) until it was sorted. Anyway they got back to me a week or two later and offered to refund premiums already paid plus interest, the amount PPI plus interest come to roughly 3 months full loan repayments so told them that'll cover 3 months repayments. That was towards end of January, didn't hear from them again and to honest forgotten about it until letter dated 19/08/10, this letter said PPI had been refunded to the account, then got the default notice a few days later but had same date 19/08/10 on it.

So this pretty much us takes up to initial enquiry. If you require more detailed info glad to share with you, but I don't like to give too much away on open forum, while I'm battling these people.

Cheers, Larkspur

[Never-In-Doubt]

Re: Second Default & Termination

Hiya

Ok, that explains things then - you would have been defaulted for missing several payments - you will not get this default removed for that reason, but you can argue your case to get them removed due to the obvious error with the duplicate default. Just explain things to the CRA's when you write.

best of luck, keep us updated

[Larkspur]

Re: Second Default & Termination

Hi,
Just a little update as to where I am now. The account was terminated 02/10/10 by creditor.
I sent a letter accepting termination, but advised them still in default of CCA request.
They sent a statement detailing transactions from Nov 2009 until termination notice 02/10/10. Still not fully compliant with my CCA request. I have, however: Think I've struck gold!
You may recall I had an earlier dispute about PPI. This most recent statement confirmed overpayment refund paid back to account 13/11/2009. I have letter dated 22/11/2009. stating that my PPI was cancelled a refund of sums would be credited to the account. and my new loan repayments would be XXX amount.
The statement I received up to and including termination notice, gave the date of the refund 13/11/2009, hunky dory.
Now the "gold dust". Turns out their're still billing for PPI at YYY having previously stating that they are longer entitled to these payments.
Sent letter saying Default Notice & subsequent Termination Notice are not only defective but are unlawful rescission of contract, as sums showed are totally inaccurate. Add to this the fact that this is now fraud as they are adding sums they Acknowledged through previous correspondence by them, they are not owed?
I eagerly wait for their response!

P.S. I've given them further 14 days to respond. I've already said I'll inform CRA's and Appropriate authorities. Is their any mileage in taking legal action action against the creditor.

[Never-In-Doubt]

Re: Second Default & Termination

Hiya. What a, excuse my French, fuck up!! It's absolutely bonkers!! I'd never suggest taking legal action against your creditor - no, don't do it. Pointless and expensive exercise!

Inform the fos and claim compo to the value of debt write off being the sums owed have been inaccurate from day one.

[Larkspur]

Re: Second Default & Termination

Hi all,
Latest update. I didn't go to FSA or FSO, instead waited for reply from the bank, by the way it is Santander. I informed them of their incredible blunder and got another copy of Credit Agreement and another statement, but this time it was from the head of operations or something like that so they're now taking me serious.
I then thought I'll now have to go through authorities and was in process of drafting a letter when I get another statement with a covering note saying "If you were to have repaid your loan on 18 November 2010, the full amount you need to do this and any associated charges, would have been £0.00, and on the statement the last entry is Loan Balance 0.00. It appears they have written of the debt!!!!!!
Thanks NID, 100% down to your absolutely brilliant templates and sound advice. It goes to show with a bit of persistence using Niddy's templates as your guide anyone can get the better these avaricious vultures. Thanks once again NID as I'm now picking on their bones.

P.S.
The default is still on CRA's web-site's, but I suspect they're a another registered letter away from coming off.

[Never-In-Doubt]

Re: Second Default & Termination

Well done - result.

I just hope they've not assigned the account to a dca.... Although it does look like total write off!! How much was it again?

Well done

[Larkspur]

Re: Second Default & Termination

Hi Niddy,
The total figure I'm not sure about, as these idiots gave me so many different figures, but something in advance of £13k.

Once again a gigantic THANK YOU! I don't know who you are NID, I'm guessing solicitor/lawyer, but one thing certain is, you are a "CONSUMER CHAMPION".

[Never-In-Doubt]

Re: Second Default & Termination

Hi Niddy,
The total figure I'm not sure about, as these idiots gave me so many different figures, but something in advance of £13k.

Once again a gigantic THANK YOU! I don't know who you are NID, I'm guessing solicitor/lawyer, but one thing certain is, you are a "CONSUMER CHAMPION".

Hiya ya

£13k is a great result - well done

I'm just an ordinary bloke, not trained as a solicitor lol, I wish! ;;L

[billypre]

Re: Second Default & Termination

Brilliant result Larkspur, well done.